Do I Ignore Or Act On This Letter?

donkeydave

donkeydave said:

I'm filling out theN180 form online. I'm following bargepoles "what happens when" post, but I can't see any mention about part D, "suitability for determination without a hearing". Do I tick "yes"? 
Also at the start of the N180 form I presume I put my name in the "To be completed by, or on behalf of"  (I know it's  probably obvious, but just want to check) also what do I put in the "in the" box which is next to the claim no. box?
I have not yet  received the Directions Questionnaire from the CCBC, but in point 8 of the 12 first steps it says wait for my own form or download it. So I'm doing it now, is this ok, or should I wait to receive one?
Many thanks.

Do you really want the claim determined without a hearing? an almost 100% guarantee that you will lose. For D1 just tick "no" and there is already guidance in the Newbies/FAQ thread, second post, on what to put in the box.

Is it really too difficult to understand which bit you need to circle and whose name goes in that box? Have a look at the copy the claimant sent you of theirs and please look at what they have entered. That should give you an idea what should be going in yours.

"who is [1st][2nd][3rd][ ][Claimant][Defendant][Part 20 claimant] in this claim" is the big clue.

What do you think your "claim number" is? Go have another look at the claim form you received.

You should not send the N180 DQ until your MCOL says that you have been sent one. No harm in completing it for now but don't send it too early.

You really need to be using a bit of initiative as you cannot be hand-held the whole way

I didn’t ask what I should put in the claim no. box, please read my post properly. Also I did update my post saying that I looked at dcb legals copy and that I should put Civil National Business Centre next to the claim no. box. Sorry that you think I’m expected to be hand held the whole way, but I answered nearly all the questions myself in the post, I just wanted clarification.  Also I did look in the newbies thread as to what to put in the “suitability for determination without a hearing” I couldn’t find anything, obviously i must have missed that, also curious as to why that question isn’t in dcb legals copy, that they sent me.Thanks for the advice as to when to send it off, though.

Regards, David.

Coupon-mad

It is in the NEWBIES thread, just not in bargepole's link because that pre-dates the new question.

Look again at what I say in the NEWBIES thread.

donkeydave

I got a letter yesterday from Northampton reminding me to send them the Direct Questions N180 form, I'm sure I've done it previously, anyhow I've emailed them and DCB a copy. Does this mean it will be definately  going to court?

Umkomaas

donkeydave said:

I got a letter yesterday from Northampton reminding me to send them the Direct Questions N180 form, I'm sure I've done it previously, anyhow I've emailed them and DCB a copy. Does this mean it will be definately  going to court?

Not necessarily, it's just the next step in the process. Given that you're dealing with DCB Legal, it's more likely not going to court. Their record of discontinuations climbs every day. It's around the Witness Statement stage they throw their cards in. 

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

Keep playing the game!

donkeydave

Umkomaas said:

donkeydave said:

I got a letter yesterday from Northampton reminding me to send them the Direct Questions N180 form, I'm sure I've done it previously, anyhow I've emailed them and DCB a copy. Does this mean it will be definately  going to court?

Not necessarily, it's just the next step in the process. Given that you're dealing with DCB Legal, it's more likely not going to court. Their record of discontinuations climbs every day. It's around the Witness Statement stage they throw their cards in. 

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

Keep playing the game!

Thanks for that.

Coupon-mad

It won't go to a hearing.

donkeydave

Received a Notice Of Allocation to the Small Claims Track (Hearing) letter a few days ago. The hearing takes place in late May.
The letter states that "unless the claimant does by ?/May/2024 pay to the court the trial fee of £27.00 or file a properly completed application for help with fees, then the claim will be struck out with effect from ?/May/2024 without further order and, unless the court orders otherwise, you will also be liable for costs which the defendant has incurred.

So according to Umkomass I'm at stage three of the following?
So do I just sit tight and do nothing for time being?
Thanks, everyone.

• Court claim issued
• Defence completed
• Hearing date given
• Witness Statement deadline dictated by the court
• Phone call from DCB Legal to defendant
• Email to defendant from DCB Legal with 'Without Prejudice Offer to Settle'
• If no response from/refusal by defendant, email from DCB Legal - 'Notification of Discontinuation' 
• Confirmation of discontinuation from the court follows

Le_Kirk

Always best to start compiling your witness statement and gathering your evidence so that the deadline (when it is given) does not sneak up on you.  Use the exemplars in the Newbie sticky

donkeydave

Think I've messed up here. The County Court Case is not many days away and I have totally forgotten to submit the witness statement. Is it still worth submitting? If so is it this dropbox file from August 2023 from Coupon-mad that I amend accordingly?
dropbox.com/scl/fi/i1u2vudfmb4xgyksxf6fd/Aug2023WS.rtf?rlkey=bfedahtd4lw4pqth2cncrrpli&dl=0
Also I've just read through the newbies thread and noticed that some examples from other members are linked on there, so I guess I read through them for ideas what to put?
Also I'm getting proof from work that I was at work a the time that my car was supposedly still parked in the car park. Could DCB though allege that someone else was using the car at the time? Also do I just hand this proof over to the judge on the day, if it goes to court?
Thanks.

Le_Kirk

Put together the best witness statement that you can compile based on one of those linked in the NEWBIE sticky, provided it backs up and supports your defence.  Evidence goes with the WS.  If you cannot obtain the proof immediately you can mention it in your WS and submit a supplementary WS as soon as you have it, providing you also send that to the claimant.  Do NOT mention lateness at all.  It is up to you on the day to convince the judge that you are a fine upstanding citizen and would never lie in court.