I have a parking fine but not my vehicle

OingoBoingo

6pm yesterday i got a withheld anonymous phone call which turned out to be dcblegal automated robot caller, i hung up.

Coupon-mad

OingoBoingo said:

6pm yesterday i got a withheld anonymous phone call which turned out to be dcblegal automated robot caller, i hung up.

You should answer and record the conversation (on a second phone, with the first phone on loudspeaker) telling them your facts and recording what they say please.

We could do with that as evidence for the DLUHC's final Public Consultation, due soon.

OingoBoingo

Today dcblegal sent an email agreeing to 30-days for dvla to process the vehicle correction.

Today also received a letter from Civil National Business Centre (CNBC) - Notice of Proposed Allocation to the Small Claims Track.

Take Note That:

1. This is now a defended claim.

The defendant has filed a defence, a copy of which is enclosed.

2. It appears that this case is suitable for allocation to the small claims track.

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the small Claims Directions Questionnaire (Form N180) and explain why.

3. You must by 4 March 2024 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties.

Then it includes a 2-page Directions Questionnaire (Small Claims Track).

Please can someone help me make sense of this, what it means, where I stand, and what is the best course of action?

Fruitcake

You now need to fill in and send the N180, selecting a court location of your choice by following the twelve step guide in the defence template sticky Announcement.

Say no to mediation, and look up the advice in the thread by Grizebeck about a new question on the N180 form.

troublemaker22

It means you should fill in the directions questionnaire (DQ) and email it to the court office and DCB Legal.  You can download a DQ form to fil in electronically and save as a PDF here https://assets.publishing.service.gov.uk/media/65200dcf244f8e000d8e7183/N180_1023.pdf

Filling out the form

A1 = Say NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you). Mediation is run by a commercial company on behalf of the courts and their success is measured by how many cases are kept out of court. They are not interested in the merits of the case, only whether you will pay or not. So say No.

B = fill in all the details, your name, your address, etc. This is the address that all the paperwork will be sent to. If you are moving home within 6 months make sure you have mail redirection in place. You will get a default CCJ if the paperwork doesn't get to you as the Courts see it as your responsibility to give a correct address.

C1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in value

D1 = NO - this claim is not suitable for determination without a hearing because you wish to present oral arguments and cross examine any witnesses appearing for the plaintiff. It's really important to get this one right because DCB Legal usually bottles out when faced with the prospect of a hearing.  They want it to be decided without a hearing.  Don't fall for it.

E1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there. The other side will ask for theirs but protocol dictates it is your court. For example, MIL Collections always asks for Truro and Devere Parking always ask for Bournemouth. You, literally, do not want to go there.

E2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

E3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)

E4 = Put down the dates of any pre-booked holidays or other absences, NO to interpreter (unless you need one)

OingoBoingo

Thanks @troublemaker22

OingoBoingo

Contacted dvla this morning asking for an update via dvla webchat.

DVLA:
"Agent (2024/02/23 11:19:25): The case is still being dealt with."

OingoBoingo

Hello, I am submitting the defence questionnaire right now, but I need to ask a couple of questions:

1) I am selecting as my court choice as Burnley combined court centre which says it handles money claims. Am I correct that this location is suitable to use for the hearing.

2) As per the template defence 12-point sticky on MSE, I have completed and i'm ready to email the document to both DQ.CNBC@justice.gov.uk and info@dcblegal.co.uk - Do I submit just the N180 defese document, or do I also need to attach the actual defence based on the defence template #2 post by @Coupon-mad

Thanks for clearing up any confusion.

troublemaker22

1. It's suitable in terms of ability to hear the case.  Up to you to decide whether it's suitable in terms of convenience.  The address is:

The Law Courts
Hammerton Street
Burnley
BB11 1XD

2. You are submitting a N180 Directions Questionnaire not a Defence Questionnaire.  Just fill in the N180 form that you can download here https://assets.publishing.service.gov.uk/media/65200dcf244f8e000d8e7183/N180_1023.pdf or use the paper one the court sent you.  You have already filed a Defence. You don't file another one.

Not_A_Hope

I have used Burnley to successfully defend a PCN previously