Defending a Private PCN in County Court

bohomark

Coupon-mad said:

Coupon-mad said:

The DLUHC's announcement about the new Code of Practice is due later this month "before Summer Recess" so it's imminent.

Don't forget or miss this (above), though!

Read this as if I wrote it for you:
https://forums.moneysavingexpert.com/discussion/comment/80160565#Comment_80160565

See you at the end of the month, when the Government's final private parking Code Consultation will be open, we understand.

We need EVERYONE to push the new law over the line. 

Will do. You can absolutely count on my support.

Umkomaas

I'm in the process of defending a PCN in Northampton County Court.

Not sure whether anyone has covered this with you (I've scanned the thread and didn't spot anything), but unless you live in that area, your hearing will be at your local court, not one in Northampton. 

But, keep playing the game as it comes and you might soon have your name in lights in the following thread:

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

B789

bohomark said:

I appear to have hit something of an obstacle. The MCOL website, only allows 122 lines for the defence. That is less than half of the five pages I have, courtesy of Johny. Is there another way of submitting, if the website was used for the Acknowledgement of Service. The website specifically says, do not post your defence in, if you are using this website, and I'm currently working in Paris, so post wouldn't be an option, anyway.

@KeithP Can I still send the defence by email, even if I started on the MCOL website. If so, should I put an explanation of my actions in the Defence box, on the website?

Just to clarify... did you send ANYTHING, even a comma or a full stop when you tried to use the MCOL for your defence?

bohomark

Umkomaas said:

I'm in the process of defending a PCN in Northampton County Court.

Not sure whether anyone has covered this with you (I've scanned the thread and didn't spot anything), but unless you live in that area, your hearing will be at your local court, not one in Northampton. 

But, keep playing the game as it comes and you might soon have your name in lights in the following thread:

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

I had read that in one of the other threads I read, but thanks. It's good to know.

bohomark

B789 said:

bohomark said:

I appear to have hit something of an obstacle. The MCOL website, only allows 122 lines for the defence. That is less than half of the five pages I have, courtesy of Johny. Is there another way of submitting, if the website was used for the Acknowledgement of Service. The website specifically says, do not post your defence in, if you are using this website, and I'm currently working in Paris, so post wouldn't be an option, anyway.

@KeithP Can I still send the defence by email, even if I started on the MCOL website. If so, should I put an explanation of my actions in the Defence box, on the website?

Just to clarify... did you send ANYTHING, even a comma or a full stop when you tried to use the MCOL for your defence?

No, I closed the page, after reading another thread (probably your post )

bohomark

I received this last Friday. Do I need to do anything?

Good morning,

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim. In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court. Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence. If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

KeithP

bohomark said:

I received this last Friday. Do I need to do anything?

Good morning,

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

 

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

 etc., etc..

You were expecting that weren't you?

Item 7 on that checklist you were following when you filed a Defence says...

Items 8, 9 and 10 on that list might be worth another read too.

bohomark

KeithP said:

bohomark said:

I received this last Friday. Do I need to do anything?

Good morning,

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

 

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

 etc., etc..

You were expecting that weren't you?

Item 7 on that checklist you were following when you filed a Defence says...

Items 8, 9 and 10 on that list might be worth another read too.

Thanks, will do. Apologies for the rehash, just read so much since I started this little journey. Hopefully I've remembered more than I've forgotten. I'll have another read, to make sure.

bohomark

So, was just sent this by son, as I'm away. It was a bit of a shock, as once again, I have received nothing from CNBC/CCBC.

I think it's about the Proposed Allocation to Track questionnaire, which I filled weeks ago.

Can anyone advise, urgently, please?
 

JerryJ64

You are urgently advised to file your N180 DQ. If you believe that you have already filed your DQ, do you have evidence of such? If you sent it as a pdf attachment by email, did you receive an automatic acknowledgement by email from the CNBC? If not, your DQ was never received by them.

Resend your completed DQ now and you must receive an auto-acknowledgement email from them. A copy must also be sent to the claimant or their solicitor, if they're using one.

I suggest you send the DQ addressed to both the court and the claimant and also include yourself in the "CC" address line of the email. At least then you have proof of having sent it to both the court and the claimant.

Failure to follow the above advice is likely to lead to you getting a default judgment against you.