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Advice needed for claim defence

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Comments

  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
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    I've checked MCOL and can see my defence was received, but the date on MCOL is 16/8 which would be one day late!
    I wouldn't worry, if the PPC hasn't filed for a judgment in default, you're still in the game. If your MCOL history doesn't show a judgment, then you won't have one. 
    I have not received my Directions Questionnaire from the CCBC, should I wait, chase CCBC or download one? 
    Premature! You seem not to have read the 12-point advice in the Defence Template Announcement. Please read that as it will save us having to always answer the same questions.  It covers much of the journey you are now on. The list was developed and placed there to save us from drowning! 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Largefry said:
    I've checked MCOL and can see my defence was received, but the date on MCOL is 16/8 which would be one day late!
    That would only be a problem if the Claimant sought a Default Judgment before you filed your Defence.
    Clearly the Claimant didn't do that. It would show on your MCOL Claim History if they had.

    Largefry said:
    I have not received my Directions Questionnaire from the CCBC, should I wait, chase CCBC or download one?
    The CCBC sent you a letter, or will send you a letter, saying the Claimant has twenty eight days to consider your Defence.
    What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 
    It follows from that that it is not known when the Claimant has to respond to the CCBC. 
    Further, we don't know what delays there are in the CCBC that means they don't send you a Directions Questionnaire as promptly as you might like.
    Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back to the CCBC, remembering to send a copy to the Claimant of course?
  • Largefry
    Largefry Posts: 21 Forumite
    10 Posts Name Dropper
    Back on here to say DCB legal emailed me to say the claimant has instructed them to discontinue court proceedings and I've been issue an N279 Notice of Discontinuance!  Thank you all for the superb advice! It felt great!
    Until the very same day I received a PCM PCN for being parked with a restricted area! In a residential area with a couple of electric bays which I parked behind. From inside the car I could not see any signs relating to parking restrictions. I was there for around 15 minutes and did not get out of the car as I was collecting someone. I appealed admitting I was the driver (Urgh I know I should have come back on here first!) They have rejected my appeal. I've taken some pix of the signage and the entrance which is off a busy one way system so no time to stop and look for signs on entering.
    If I leave this to go all the way to court, would my defence be weak? 
    Is it worth appealing to IAS or contacting he landowner? Should this be a new thread?
  • KeithP
    KeithP Posts: 41,296 Forumite
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    Well done on getting that discontinuance.

    Yes it would be best if you were to start a new thread about this new parking incident.
  • Coupon-mad
    Coupon-mad Posts: 152,750 Forumite
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    Largefry said:
    Back on here to say DCB legal emailed me to say the claimant has instructed them to discontinue court proceedings and I've been issue an N279 Notice of Discontinuance!  Thank you all for the superb advice! It felt great!

    Another discontinuance!  Congrats!

    Please add you case and link to this thread, here, and claim. T-shirt number 129:

    https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations#latest
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Largefry
    Largefry Posts: 21 Forumite
    10 Posts Name Dropper
    Thanks @KeithP it’s here https://forums.moneysavingexpert.com/discussion/6442439/pcm-pcn-residential-area-driver-didn-t-leave-the-vehicle/p1?new=1

    Huge thanks @Coupon-mad I am happy to proudly wear 129 and I have linked my thread as suggested 
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