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Help needed with two claims froms

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  • I forgot to mention, shall I also add points 6 and 7 of my draft as well, which is the following:

    6.0      The defendant wishes to bring to the court's attention that they solely serve as the registered keeper of the vehicle in question and have not personally operated the vehicle since assuming keeper status, due to their disability. The vehicle is instead utilised by two authorised family members. 

    7.0      Under POFA Section 4, Paragraph 8(2)(e), the keeper is only "invited" to settle any unpaid claimed parking charges, absolving them of any legal obligation to remit funds to the PPC. 

  • Coupon-mad
    Coupon-mad Posts: 150,979 Forumite
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    6 is good.  

    7 is wrong.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • seaside_pillow
    seaside_pillow Posts: 44 Forumite
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    edited 14 April 2024 at 7:45PM
    Alright cool. Thank you @Coupon-mad and @nopcns

    I will go ahead and file the defence for both claims.
  • seaside_pillow
    seaside_pillow Posts: 44 Forumite
    10 Posts First Anniversary Name Dropper
    edited 27 May 2024 at 10:26PM
    Hi, some updates.

    I have received the DQ from CNBC and I want to note the following:

    • The DQ in question is about claim 2 (one ticket) even though in the appeal I have submitted the "Cause of Action estoppel". 

    • No DQ for claim 1 (2 tickets) yet, is that normal?

    • I have submitted the DQ already with both PCM and Gladstones CCed as well. (PCM did not even have any email on their website but found this in the forum info@pcm-uk.co.uk and used this for Gladstones enquiries@gladstonessolicitors.co.uk)

    • No DQ from the claimant yet as well.

    • I was going to use the online form to submit/email rather than scan the doc, but it seems the format changed on the 22nd of May.
  • Coupon-mad
    Coupon-mad Posts: 150,979 Forumite
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    You aren't meant to be contacting PCM.

    Do not use the new online version of the DQ.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • The claimant is PCM hence why I added them so I thought of adding them as well, but I can see now I only need to CC their solicitors instead of them both.

    Do not use the new online version of the DQ.
    I did not, I used the paper version by scanning it and emailing it.

    Any idea why I have not received a DQ for claim 1 yet but received one for claim 2 even though I have added in claim 2 the "Cause of Action estoppel" ?
  • Coupon-mad
    Coupon-mad Posts: 150,979 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Check on MCOL History if it's been sent yet.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi all, some updates.

    Two points I would like to mention:

    1. Due to some technical errors, I could not log in to MCOL to view the claim 1 (2 tickets) history as I have not received the DQ for that yet. I even emailed them to transfer the claim to a newly created account but even then they were not able to help.

      So I emailed them again, this time to a different email (CaseProgression.CNBC@justice.hov.uk) to ask about claim 1 (2 tickets) and its progress, they replied a few weeks ago with the following: "The claimant hasn’t responded to your defence and the claim’s currently stayed." 

      Is that normal for the claimant to take this long to respond to my defence? 

    2. I just got an email in regards to claim 2 (1 ticket) from the local county court - the one I named in the DQ - asking me the following: "The Court requires a copy of the Defence. Please forward a copy of the Defence by way of reply to this email. Thank you."

      Is this the same defence that I already filed against the claimant through CNBC? Do I need to create another new one, I thought they would already have my defence.
  • Coupon-mad
    Coupon-mad Posts: 150,979 Forumite
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    edited 19 September 2024 at 10:52PM
    1. Let that sleeping dog lie. Yes it happens!

    2. Send the same defence to the local court (they've mislaid it) plus seize the chance! Attach one of the draft orders by @LDast asking for the Claim to be struck out and attaching Chan and Akande transcripts.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • seaside_pillow
    seaside_pillow Posts: 44 Forumite
    10 Posts First Anniversary Name Dropper
    edited 20 September 2024 at 2:16PM
    @Coupon-mad
    So do I add "draft orders by @LDast asking for the Claim to be struck out and attaching Chan and Akande transcripts." to the original defence?

    Or create another separate defence which has @LDast draft order and attach both Chan and Akande transcripts to this Draft order, and then send it along with the original defence, so two defence in total ?
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