CCPC / DCB Legal claim, residential, WS stage, 2025

FUDbyDesign

Coupon-mad said:

But this is already explained in the second post of the NEWBIES thread section under a RED CAPITALS heading.

... and yet muggins here somehow totally missed it   Thank you. 

FUDbyDesign

In the 12 steps, when sending my completed DQ to the CNBC, it mentions that I should also "cc in the info@ address for the legals acting for the Claimant".  My concern is that if I provide my phone number in the DQ, it means they (CCPC and/or DCB Legal) will be able to call me - which is something I definitely do not want.  On the other hand, I imagine the phone number is essential for mediation so I can't exactly omit it either.  What should I do?  

ChirpyChicken

Tbh sending the DQ to the other side is irrelevant.  I never bother.
So just send it to the courts.

Coupon-mad

Or send them a copy with no phone number.

FUDbyDesign

Just a small update on this otherwise gorgeous Sunday evening🌞.  I've received a telephone mediation appointment for later this month.  From reading other threads, I gather this is where the PPC try to haggle via a mediator and my MO should be to refuse all their "offers" unless it's a fiver or tenner or whatever I'm comfortable with paying. Anything else I should be mindful of?  Otherwise, will update this thread after the call.

kryten3000

Don't believe the mediator if they try and suggest that the amount owed will go up considerably if it goes to a hearing.  Their job is to prevent cases reaching court, but the Small Claims Track caps costs unless one party can show "unreasonable behaviour".  Following the process to defend yourself, filing all documents and meeting all deadlines is not unreasonable behaviour.

FUDbyDesign

So there was much less to-and-fro involved in the mediation call than I'd been expecting.

PPC: £615 (reduced from £680)
Me: £5
PPC: £470
Me: £10
Mediator: PPC are not willing to accept.

So this will be going to court, which is both disappointing and annoying but not entirely unexpected. 

FUDbyDesign

The letters always seem to arrive on a Friday.  Anyway, brief update: just received "Notice of Transfer of Proceedings" to my local county court.  

How long, roughly, should I expect to wait until I hear back with the judge's decision about the claim allocation? 

Coupon-mad

Dunno. Every court delay differs.

FUDbyDesign

Hi all,

Well, the powers-that-be know something about timing. Just returned from our family holiday yesterday to find a lovely General Form of Judgment or Order waiting form me. Guess I will press on with the Witness Statement then. 

For the record, I've pasted the contents of the letter here with appropriate redactions. Is it all fairly generic or is there something that jumps out?

Also not sure why the date of the letter is more than 2 months ago.
--------------------------------------------------------------------------------------------

General Form of Judgment or Order

In the County Court at xxxxxxxxxxxxx
Claim Number xxxxxxxxxxxxx 
Date 18 June 2025

CAPITAL CAR PARK CONTROL LTD
1st Claimant

xxxxxxxxxxxxx (me)
1st Defendant

WARNING

If you do not follow the instructions in this Court Order, the judge may decide that your case should be struck out, which means that you will not be able to continue to bring or defend this claim, and the other side may be able to ask the court to make a judgment against you. If you cannot comply, you should make a formal application to the Court before the deadline expires, using the right form and paying the court fee (or applying for and being given Help With Fees).

Deputy District Judge xxxxxxxxxxxxx sitting at the County Court at xxxxxxxxxxxxx has considered the papers in this case and

ORDERED THAT

1. Your case is allocated to the small claims track.

2. Your case will be heard at Court on a date which will be sent to you separately by the Court. Your case may be one of several scheduled at the same time. It might not start until later in the day, but you must be available from 10.00am.
a. It is estimated that the hearing will take 1 hour.
b. The hearing will be a face to face hearing at the Court, which you will need to attend.

3. No later than 4pm on 29 September 2025, you must send to all other parties and to the Court:

a. witness statements written by each person whose evidence you want to use, including you, if you want to give evidence (instructions about statements below)
b. any other documents you would like to rely on.

4. The judge may refuse to take into account anything not sent to the other parties and Court by the date above.

5. A witness statement must:
a. start with the name of the case and the claim number;
b. state the full name and address of the witness;
c. be in a witness's own language and words;
d. set out the witness's evidence clearly in numbered paragraphs on numbered pages (and if possible it should be typed and use double line spacing);
e. end with this paragraph, in the witness's own language:
‘I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.'; and be signed by the witness and dated.

6. If a witness statement is in a foreign language the party wishing to rely on it must have it translated, file the foreign language statement with the court and the translator must sign the original statement and certify the translation is accurate. If a witness who has made a statement is to give evidence or be cross-examined and is unable to do so in spoken English (or Welsh if the hearing is in Wales), the party relying on that witness must ensure that a suitable independent interpreter is available.

7. If a witness is unable to read the statement in the form produced to the court, other than by reason of language alone, the statement must include a certificate that it has been read or interpreted to the witness by a suitably qualified person.

8. No expert evidence is permitted. Any party seeking to rely on expert evidence must make a formal application to the Court identifying the name, expertise and cost of the expert being sought.

Decision made without a hearing

9. A judge issued this order without a hearing. If you want it to be cancelled, changed or put on hold, you must apply by sending the Court a completed form N244 so we get it within 7 days of service of the order. You must also pay the application fee or obtain Help With Fees by then.

Dated 18 June 2025