I paid on Pay by Phone app but have received Court Papers

B789

Perhaps you need to refresh yourself with a re-read of the Newbies/FAQ thread and the 12-point checklist you are supposed to be following from the template defence thread.

Jillski

Thanks.  N180 now completed.

Jillski

I've just had a call from DCB who wanted to offer me a settlement figure. I said , 'no thanks, I want to go to Court as I'm confident my Defence is strong'.  🤞

Jillski

I have now received a Notice of Transfer of Proceedings.   Am I right to assume that this means there will definitely be a Court Hearing? 

Le_Kirk

No, but you must proceed as if there will be; you should receive a court date with further instructions (always worth reading the NEWBIE sticky if you have forgotten parts of the process) and that is when you write and submit your witness statement and evidence.
Also check out this thread: - 
https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations#latest

Coupon-mad

Jillski said:

I have now received a Notice of Transfer of Proceedings.   Am I right to assume that this means there will definitely be a Court Hearing? 

Of course not.

Again, perhaps you need to refresh yourself with a re-read of the Newbies/FAQ thread because it covers all stages. This stage is normal and has nothing to do with a hearing. 

BUT please please please find time to do this new Call for Evidence this month:

https://forums.moneysavingexpert.com/discussion/comment/80375249/#Comment_80375249

The Committee invites evidence on:

• What the current level of delay in the County Court is

• The ways in which the County Court engages with litigants in person, and how this could be improved

• The causes of action giving rise to claims in the County Court

• What future reforms to the County Court should be considered.

Please also state that private parking firms and their bulk litigators are the main problem as far as small claims delays are concerned, as the dominate and clog up court lists.

Parking claim numbers are rising every year and will make up about a third of all small claims in 2023, based on the 2022 figures that the MoJ divulged in the DLUHC's recent Parking Code of Practice Call for Evidence:
https://www.gov.uk/government/calls-for-evidence/private-parking-code-of-practice-call-for-evidence#:~:text=The%20call%20for%20evidence%20is,help%20the%20decision%2Dmaking%20process.

About half a million parking claims are made every year and all this MUST STOP.

The MoJ must separate parking cases with a new pre-action protocol requiring use of ADR instead of inflated debt demands.

These generic roboclaims churn through the system, clogging up court time over meritless rip-off PCNs where the POC are boilerplate and lack even the most basic details of the alleged breach (please show your own Claim Form as evidence, plus pics of the aggressive debt demands before that, if you kept those).

They are inviting evidence (not rants or opinion) so we need people like you to respond, who are currently caught up in a PPC claim and can attach the above evidence.

You want to change things?

This Committee is your voice.

The Government is already regulating the private parking industry, so they are listening and are aware of the scourge of unfair PCNs from rogues and bulk litigators.

Interested parties have until 14 December to make a submission to the committee.

Jillski

I've now received a Notice of Allocation to the Small Claims Track (Hearing).  Is this usual and is it now too late to hope that Parking UK do not pursue any further?  

The Hearing is on 10th April.
'Unless the Claimant does by 2 pm on 13 March 2024 pay to the court the Trial fee of £27.00 or file a properly completed application (i.e.one of which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with the effect from 13 March 2024 without further order and, unless the Court orders otherwise, you will be liable for the cost which the Defendant has incurred.'.

Le_Kirk

All perfectly normal and as advised in NEWBIE sticky second post.  In that Notice of Allocation are there instructions to you about the deadline for submitting your witness statement?  

Coupon-mad

Jillski said:

I've now received a Notice of Allocation to the Small Claims Track (Hearing).  Is this usual and is it now too late to hope that Parking UK do not pursue any further?  

The Hearing is on 10th April.

Please read the NEWBIES thread again.  You're obviously at the usual WS & evidence stage.

Jillski

Le_Kirk said:

All perfectly normal and as advised in NEWBIE sticky second post.  In that Notice of Allocation are there instructions to you about the deadline for submitting your witness statement?  

Thank you for your reply..
It says 'Unless the Claimant does by 2 pm on the 13 March 2024 pay to the court the Trial fee of £27 or file a properly completed application (i.e. one of which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with the effect from 13 March 2024 without further order and, unless the Court orders otherwise, you will also be liable for the cost which the Defendant has incurred.