New Generation Parking / DCB Legal - County Court

Le_Kirk

Just make sure you add in the rest of the template and try to send it in working hours, i.e. before 4.00 p.m. as we have heard that defence sent to CCBC outside of those hours sometimes disappear into a black hole.

Coupon-mad

And do re-read the first 12 steps in the first post of the Template Defence thread so you know to make sure you get an auto-acknowledgement email straight back, and so that you don't have to come back to ask us about the standard (and fully expected) first letter and form.

boogymb

Dear Good People,

Following the 'the second post in the NEWBIES thread.';

I've submitted my defence few days ago at CCBC AQ <CCBCAQ@Justice.gov.uk> and I've received the acknowledgment, same from dcblegal - great.

I'm waiting for my N180, I cannot find info about how long to wait(if not arrives) before downloading one by myself and submitting it.

So far I got this after I reviewed the document:

'In the' - Not sure what to write here... [County Court Business Centre?]
A1 Do you agree to this case being referred to the  Small Claims Mediation Service? - YES
C1 Do you agree that the small claims track is the appropriate track for this case? - YES
D1 Do you consider that this claim is suitable for determination without a hearing, i.e. - NO
E1 At which County Court hearing centre would you prefer the small claims hearing to take place and why- Defence Local Court
E2 Are you asking for the court’s permission to use the written evidence of an expert? - NO
E3 How many witnesses, including yourself, will give evidence on your behalf at the hearing? - ONE
E4 Are there any days within the next six months when you, an expert or a witness will not be able to attend court for the hearing? - NO
E5 Do you believe you, or a witness who will give evidence on your behalf, are vulnerable in any way which the court needs to consider? - NO

Many thanks for all the help and sorry if the above info is available somewhere, I couldn't find it.

KeithP

You appear to have abandoned that checklist you were following when you filed a Defence.

Items 7, 8, 9 and 10 on that list are well worth reading at this time.
Do ensure you read that stuff as at least one of your proposed answers is, shall we say, not the best.

Also...

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?

boogymb

Hello again, I've received the Directions Questionnaire (N180) and I follow the above advice - thank you.
I would like to ask please for some help with finding the local County Court near Cardiff, Wales.
I'm sorry but the 'find a court' gov site is rubbish, not sure what to choose here.
Many thanks, in advance.

KeithP

Unfortunately www.gov.uk/find-court-tribunal seems to be broken.

Try -

Find the nearest court or tribunal by postcode

boogymb

Thanks for the quick reply, I have a long list to choose from based on my postcode, not sure which one is fit for purpose of parking ticket/money claim. There is a County Court in Newport, looks like it's the only County Court near me. I'm sorry, I'm a newbie and I never dealt with courts before.
  

Coupon-mad

Just put Cardiff.  It will be allocated appropriately.

boogymb

Dear Good People,

I've received the Notice of Allocation to the SCT hearing;

In short, the court decided to determine the case without attending the court - PD 51ZC.
I'm asked to send witness statements. I got an option to object the case to be determined in this way.

The hearing date is set to early March by paper determination;

I assume I should pay the small court fee before 'early' February as per below:

Unless the claimant does by 'early' February pay the court fees of a 'certain' amount or file a properly completed application for example one which will provide all the required information in the manner requested for help with fees then the claim will be struck out with effect from 'early' February without further order and unless the court orders otherwise you will also be liable for the cost which the defendant has incurred.
If a claim has been struck out it will no longer exist. The hearing will be vacated unless there is a counterclaim which survives the claim being struck out in which case the hearing will go ahead.

Not sure what to do, should I object to the paper determination? 

I will be very grateful for any advice, please.

Many thanks!

KeithP

boogymb said:

Dear Good People,

I've received the Notice of Allocation to the SCT hearing;

In short, the court decided to determine the case without attending the court - PD 51ZC.
I'm asked to send witness statements. I got an option to object the case to be determined in this way.

The hearing date is set to early March by paper determination;

I assume I should pay the small court fee before 'early' February as per below:

Unless the claimant does by 'early' February pay the court fees...

Not sure what to do, should I object to the paper determination? 

Firstly, you do not have to pay any court fees - certainly not at this time, but maybe later if you actually lose the case.
The court notice says "Unless the Claimant ... pays the court fees".
You are not the Claimant. You are the Defendant.

You should object to the case being determined 'on the papers'. The Claimant and their solicitor do 'papers' for a living. You will lose.