Claim Form - Gladstones on behalf of National Parking Management

awlyy89

Coupon-mad said:

But the place where the AA left the car wasn't where it ended up parked by the garage.  So you were not steering or 'in control of' the car at that time.  Nor were you even the 'keeper' at the time ( POFA definition).

I was replying regarding signage when I entered the site with the AA, so in this case should I remove bold text Le_Kirk quoted?

Coupon-mad

No.             

awlyy89

Just wondering if they've missed the DQ deadline? They received the defence on 16/04 and only just sent the DQ yesterday 20/05 some 34 days later, as the letter states 28 days before "the claim will be stayed".

Le_Kirk

But you don't know when CNBC sent your defence to the claimant.

awlyy89

Did I do something wrong?

Received these 2 letters together this week and assumed the defence I sent to ClaimResponses.CNBC@justice.gov.uk back in April is forwarded to the transferred court. So now do I have to just forward my defence email to county court Manchester? Not quite sure which email it is, thanks 

Grizebeck

No this is a common issue with court centre at the moment across every sector. Think since they merged.

LDast

The CNBC lost your defence. Just resend it to your local court.

Coupon-mad

LDast said:

The CNBC lost your defence. Just resend it to your local court.

And attach something else too (two transcripts and a Draft Order) for the allocating Judge, as well as the mossing defence.

As recommended here on a thread today with exactly the same order:
https://forums.moneysavingexpert.com/discussion/comment/80923622/#Comment_80923622

Put this paragraph (below) - thanks to @LDast - in the covering email under where you firstly state 'please find my defence attached because the originating centre have received but subsequently lost this document, as ordered by DJ Etherington at the CNBC.'

Bearing in mind the contents of the defence I would strongly suggest that the judge makes the attached order, in support of which I also attach transcripts of two cases which support this proposition.

awlyy89

Apologies forgot to hit send on reply, I received a letter back in October advising the claimant to re-submit a correct POC. I was under the assumption they had failed to do this by the deadline, but last week curiously I called the court (2 hour wait) and was advised this was submitted by the deadline. 

They suggested that the court was waiting on my defence (I sent to them— manchestercivil@justice.gov.uk on the 21st August, receiving an auto reply) and they have been waiting for my response since. Yet I’ve received no letter or update since October regarding the claimants POC.

Coupon-mad

awlyy89 said:

Apologies forgot to hit send on reply, I received a letter back in October advising the claimant to re-submit a correct POC. I was under the assumption they had failed to do this by the deadline, but last week curiously I called the court (2 hour wait) and was advised this was submitted by the deadline. 

They suggested that the court was waiting on my defence (I sent to them— manchestercivil@justice.gov.uk on the 21st August, receiving an auto reply) and they have been waiting for my response since. Yet I’ve received no letter or update since October regarding the claimants POC.

Probably because the Order in October said you could amend your defence.

You should have emailed to state that you have not been served with full / better Particulars so you cannot amend your defence without seeing the new POC.

Send that email to court & the solicitor now.