Multiple FCNs from Napier Parking

imulsion

That sounds so much better than what I wrote - you can tell I'm not a lawyer!

Thank you so much for all the help. I think those paragraphs will complete my defence

Just one thing: do I need to print off and physically sign the defence or is it OK to use the "fill and sign" feature in Acrobat to include a digital signature? I'm worried the filesize will be over 10MB

Gr1pr

A digital signature is fine 

Even if you sign a piece of white paper using black ink, then scan it or take a picture of it and add to the file, which is a common method by solicitors etc

Ideally keep the file size as low as possible, its not usual to print a defence or a witness statement bundle, paperwork is gradually disappearing in favour of the trees, so should normally be avoided wherever possible, pdf submissions by email are usually recommended 

Email tends to be used, not post 

imulsion

Thanks Gr1pr, glad to know that's the case. I will convert to PDF, sign and email now
Thanks everyone for all your help. I'll keep you all updated with any further developments

imulsion

Hi guys, quick update. Shortly after I submitted my defence to the CNBC email address given in the newbies thread, I received an automated response which told me to expect a response within 10 business days. As of right now (evening of Friday 10th) I haven't had a proper response telling me my defence has been filed. My deadline for filing the defence is 4pm on Monday the 13th. Do I need to take any action on Monday to ensure my defence is received before the deadline, or is this normal and nothing to worry about? Thanks

KeithP

imulsion said:

Hi guys, quick update. Shortly after I submitted my defence to the CNBC email address given in the newbies thread, I received an automated response which told me to expect a response within 10 business days. As of right now (evening of Friday 10th) I haven't had a proper response telling me my defence has been filed. My deadline for filing the defence is 4pm on Monday the 13th. Do I need to take any action on Monday to ensure my defence is received before the deadline, or is this normal and nothing to worry about? Thanks

You had an 'automated response'. That conforms that something was received.

Does your MCOL Claim History confirm that your Defence has been received?

Give the CNBC a ring on Monday. Their number is on your Claim Form.

imulsion

Hi KeithP, thanks for your advice. I called the CNBC just now and the guy said that as long as I have my automated response everything is OK, it just takes them a week to process the defence. Nothing's changed on my MCOL yet. Seems like everything is fine, which I thought it would be but it's nice to be reassured. 

imulsion

Hi guys, another update for you. I've now received the Directions Questionnaire. Nothing interesting there (except that it's the new version that doesn't let you opt-out of mediation, another nonsense hoop to jump through but who cares). I do have a few questions at this stage:

- Does the fact I've received the DQ mean an allocating Judge has looked at my Defence and decided that there aren't sufficient grounds to strike out the case based on the CEL v Chan judgement argument I made, or is the possibility of a strike out on those grounds something that is decided at a later stage?

- I'm moving house soon. I don't have a moving date yet (I'm buying) but is there anything I need to be aware of other than to make sure I redirect my post, and write to the data protection officer for the claimant and BWLegal to erase my old address? Once I've moved am I able to write to the court to change the address they send letters to?

- When serving my response of the DQ to BWLegal, how can I make sure they receive it? I've searched the forum extensively for updated email addresses, and have a couple I can use, but I'm increasingly seeing that people using their email addresses get auto-replies to the effect of "not received, use our portal to contact us". Should I send a paper copy in the post as well as CC'ing those addresses? What does the court consider "reasonable effort" as it were to contact them?

Many thanks

LDast

An allocating judge will look at your defence after your DQ is received. An allocating judge is just one who has been assigned administrative duties and may or may not read the defence in detail. If they don't read it in detail, you can still bring up the preliminary matters at a hearing should it ever get that far.

Just make sure that you have a mail redirect set up before the actual move date. It can take a week for them to process it. On the move date, send your data rectification notice to the PPC and their solicitors and notify the CNBC if it has not yet been allocated to a court local to you or your local court if it has.

When you send your DQ  you address the email to dq.cnbc@justice.gov.uk AND BW Legal, using enquiries@bwlegal.co.uk AND also CC in yourself, attach your DQ as a PDF and put in the email that whoever reads it, should pass it on to their legal department and they can consider themselves served with your DQ. Put the claim number in the email subject.

imulsion

Thanks @LDast, that all makes sense. Much appreciated!

imulsion

One other thing comes to mind as I fill out the N180. Right now my local court is in Newbury, but by the time I will go to a hearing I will have moved, and Southampton will be closer. Can I put down Southampton and explain that I will have moved, or do I need to put down Newbury as that's my local court right now?