DCBLegal

Gr1pr

Usually its just your defence, a text document saved as a PDF and attached to the email, nothing else, just the pdf document, typically WORD is used and then saved in pdf format instead of DOCX format, using the Standard defence template or similar 

But 

If the POC are woeful, then the alternative defence to the standard defence is used, adapted, plus any Exhibits that back a strike out ( I believe, having never done either. ), based on the failures by the claimant to issue a proper claim in the first place 

The point here is that none of your WS or Exhibits relating to the actual case are sent to the CNBC in Northampton, because eventually they will transfer it to your local civil court , the one nearest you , for processing.  Its your local civil court that will require all the case documents and pictures and statements etc, your "bundle". That same court is where the claimant or their lawyers send their "bundle" too , plus its where your hearing will be held, if it gets to a hearing, in say 6 to 12 months time, due to being backlogged 

These days there are typically 5 stages, your AOS + defence submission to the CNBC,  your N180 DQ to the CNBC plus to the lawyers or claimant, an interim mediation stage , then  both parties submitting their bundles to the local court due to receipt of a court order, lastly a hearing in that local court 

Assuming that it goes all the way of course, many don't 

LDast

Gr1pr said:
Maybe so , but the CNBC in Northampton differ when it comes to deadlines, especially deadlines that dont get as far as a court hearing , so it definitely matters to the civil service staff there

The civil service staff there do not make decisions on deadlines. Only judges do.

Suffice it to say that a Claimant pressing the button on MCOL to apply for judgment in default will get no satisfaction before 33 days after the claim issue date whether the Defendant submits the AoC before day 5 after the issue date or not.

However, as this is academic, I will leave it there. 

Gr1pr

Not doing the AOS until 5 days or later has been standard Advice on here for many years, so academic or not neither myself or KeithP or any regular on here will change it, it prevents problems and there is no rush, so 5 days, 10 days or even 19 days doesn't change the deadline, as you well know 

To me it's nit-picking at standard advice, advice given on here for nearly a decade, but academic if defendants follow the standard advice, because it gives the maximum 33 days deadline for the defence submission, so I for one will stick to that advice regardless , to do it between day 5 and day 19

Doing the AOS 2 days after issue shortens the deadline to 30 days from the issue date, not 33

LDast

Gr1pr said:

Doing the AOS 2 days after issue shortens the deadline to 30 days from the issue date, not 33

So you and others claim. However, how many of you actually clarified this with anyone or a District Judge when discussing this forum and the advice being provided? I did and still do. Just because it has been "standard advice" based on, from what I can discern, one persons interpretation, for x number of years, does not make it a fact when I have gone to the trouble to try and clarify that interpretation.

As already stated, the only factor affecting an AoS before the deemed date of service is whether MCOL will allow a Claimant to trigger an automatic judgment in default. My reliable source tells me that the system will only consider the deemed date of service based on the date of issue, not the date of the AoS. What is your reliable source?

As this is a discussion of academic interest, perhaps we should be having it on its own separate thread.

Gedukaz

Gr1pr said:

Usually its just your defence, a text document saved as a PDF and attached to the email, nothing else, just the pdf document, typically WORD is used and then saved in pdf format instead of DOCX format, using the Standard defence template or similar 

But 

If the POC are woeful, then the alternative defence to the standard defence is used, adapted, plus any Exhibits that back a strike out ( I believe, having never done either. ), based on the failures by the claimant to issue a prooer claim in the first place 

The point here is that none of your WS or Exhibits relating to the actual case are sent to the CNBC in Northampton, because eventually they will transfer it to your local civil court , the one nearest you , for processing.  Its your local civil court that will require all the case documents and pictures and statements etc, your "bundle". That same court is where the claimant or their lawyers send their "bundle" too , plus its where your hearing will be held, if it gets to a hearing, in say 6 to 12 months time, due to being backlogged 

These days there are typically 5 stages, your AOS + defence submission to the CNBC,  your N180 DQ to the CNBC plus to the lawyers or claimant, an interim mediation stage , then  both parties submitting their bundles to the local court due to receipt of a court order, lastly a hearing in that local court 

Assuming that it goes all the way of course, many don't 

So basically, I need to present my defence for disputing the fine.
Do I need to send any other documentation along with it?
I read in the forum that I should just send the letter without any special delivery. I want to include that I would like to contra-charge them on my time. 

Another question: do I need to fill out the CNBC claim form and send it back with my defence? Some of the questions seem to be not applicable.

Gr1pr

Read it again, because it depends which defence template you are sending to the CNBC , the first 2 paragraphs were crystal clear to me , plus its not a fine, its an invoice from a private parking company 

Read it again, it mentions a word document saved as a pdf, attached to an email , you do not fill in any paperwork and especially not the N1 defence response.  The form and process is more suited to debtors or other disputes such as non payment for a car, not getting the holiday you paid for , not getting your refund for a faulty fridge freezer, but definitely not parking claims

You do not use MCOL to start the defence  , nor do you send any letters by any post either 

The advice on here is not to use the pack at all , and not to post a letter either , just by EMAIL only , so EMAIL, EMAIL, only EMAIL 

Save anything else, including costs etc for later on , which is why I explained it in order to stop the constant questions, just go with what you are told, in the correct order 

Your defence is a defence opposing the particulars of the claim and charges etc listed on the claim form, not your wanting to chastise or threaten the claimant, hence why the templates are there for a bespoke defence, to only put what is necessary to defend a private parking case brought against you 

So only email, no paperwork, no form filling, no post , no using MCOL, KeithP gave you the correct information earlier 

KeithP

Gedukaz said:
So basically, I need to present my defence for disputing the fine.

Correct.

Gedukaz said:
Do I need to send any other documentation along with it?

No.

Gedukaz said:

I read in the forum that I should just send the letter without any special delivery.

I did write earlier...

KeithP said:

To create a Defence, and then file a Defence by email...

See the words 'by email' in there?

Gedukaz said:
I want to include that I would like to contra-charge them on my time.

A counterclaim is probably not a good idea. Others will expand on that if needed.

Gedukaz said:
Another question: do I need to fill out the CNBC claim form and send it back with my defence? Some of the questions seem to be not applicable.

Please read again my post on your thread yesterday at 2:38pm.

Coupon-mad

No counterclaim.

Just do what the Template Defence thread says to do and follow the first 12 steps there please (so that you are prepared for the next bog standard stuff and don't have to come and ask us about the first letters).

Gedukaz

I have completed the acknowledgement and I have drafted the defence letter.

In my understanding, the next step is sending it to ClaimResponses.CNBC@justice.gov.uk 

making sure to get the acknowledgement.

Le_Kirk

Do you want to show us the first few paragraphs of your defence for critique and advice but, if using the template, we do not need to see it all.