Notice of Proposed Allocation to the small Claims Track" questionnaire to fill out.

jsn_love

Hello All,

I have received a 'Notice of Proposed Allocation to the small Claims Track" questionnaire to fill out. I am so confused as to what steps I should take now.

Before coming across this forum, I had already filed a 'defence' instead of 'acknowledgment'. 

Do I fill out this questionnaire? If so, how do I fill this out? What should be my next steps? 

I previously received a letter from debt recovery for a parking fine (my details had been passed on by Premier Park limited), however I never received a parking fine letter from Premier Park limited prior to this / or ever. I ignored all of these letters. I later received a letter from Gladstone which I also ignore. I then recently received a court letter to which I filed 'defence' with the intention of defending myself. After coming across this forum, I realised I was not meant to do this. What actions can I take at this stage?

Any help will be greatly appreciated.

Grizebeck

Erm what defence did you log ( word for word)
Don't tell me you used the word defence only

Le_Kirk

Have you found and read the NEWBIE sticky? 
What have you received? Is it a N180?
Does the PPC have your up-to-date address?
Is your V5C also up-to-date? 
As @Grizebeck asks, show us your exact defence; seems like you might have some serious work to do to pull this one out of the fire.

Coupon-mad

jsn_love said:

Hello All,

I have received a 'Notice of Proposed Allocation to the small Claims Track" questionnaire to fill out. I am so confused as to what steps I should take now.

Before coming across this forum, I had already filed a 'defence' instead of 'acknowledgment'. 

Do I fill out this questionnaire? If so, how do I fill this out? What should be my next steps? 

I previously received a letter from debt recovery for a parking fine (my details had been passed on by Premier Park limited), however I never received a parking fine letter from Premier Park limited prior to this / or ever. I ignored all of these letters. I later received a letter from Gladstone which I also ignore. I then recently received a court letter to which I filed 'defence' with the intention of defending myself. After coming across this forum, I realised I was not meant to do this. What actions can I take at this stage?.

If you only entered just the word 'defence' then it will be struck out soon.  That isn't a valid defence.  Surely you didn't just put one word?

You must immediately send a N244 (with your DQ) asking for permission to amend your defence if it was only one word.  It will cost you £119 fee. And you must attach a proper defence

Or if you did enter a defence please show us, verbatim, what it said.  Not a summary.  Actual verbatim wording please.

jsn_love

This is the exact wording I used:

'I would like to dispute this claim as I never received the 

original parking ticket letter. I was never given the opportunity to make 

payment or see any evidence before my information was sold to an 

external debt recovery team that has been harassing me ever since. 

All I ask is that premier park limited send me the original ticket and 

give me a chance to make payment instead of selling my information 

to external debt recovery companies. I was and still am more than 

happy to make payment once I have seen the evidence of this parking 

offence and received a letter.'

jsn_love

:-/ Yes it's a N180 form and my address is up to date! I no longer own that care anymore, but when I did, everything was up to date.

Gr1pr

Very poor, it may get struck out when a judge sees it 

Not receiving paperwork is no defence 

Private parking companies cannot "sell on" the alleged debt, or the information either , so a few of those sentences are incorrect and misleading  There was no offence either, just an alleged breach of the parking contract on that private property.

Parking companies obtain keeper details from the DVLA database and post the letters to that address. ( Even if its incorrect, even if the subject has moved address, makes no difference. ). Moving addresses and not informing the DVLA promptly is the most common reason for the missing paperwork 

Premier Park are still the data controller, they have not sold anything on, they are the Claimant in this case and retain all the details and paperwork. A SAR emailed to the DPO requesting all the paperwork etc will yield the missing paperwork 

The current total being claimed is on the claim form 

jsn_love

Thank you for all your responses! What should I do about the N180 form that is due soon? What should be my next steps? would it be easier to just pay off the current total?

Grizebeck

Awful defence but all is not lost
Fill the n180 as directed by the court 
What you may well find is that when it's allocated to your local and a judge allocates it to track they will then give an order that a full defence is filed etc.
So get the n180 form filled in and emailed today. It's all described how to do in this forum
@Coupon-mad I would say a good chance no fee needed as a judge will see a full defence is needed.

Le_Kirk

If the above, as suggested by @Grizebeck, does not happen, you will have to write a cracking witness statement to recover your situation.

Coupon-mad

Grizebeck said:

Awful defence but all is not lost
Fill the n180 as directed by the court 
What you may well find is that when it's allocated to your local and a judge allocates it to track they will then give an order that a full defence is filed etc.
So get the n180 form filled in and emailed today. It's all described how to do in this forum
@Coupon-mad I would say a good chance no fee needed as a judge will see a full defence is needed.

Agreed.

The OP should carry on as normal despite the weak defence. At least it wasn't one word!