MOTO Toddington: PCN & Potential CCJ due to breakdown

orangesun

Car1980 said:

Personally, I'd put a paragraph about Frustration of Contract for breakdowns / heart attacks / loss of a leg.

Google it.

Had it in the initial defence (on first page), this is the paragraph - feels extremely relevant (but poorly written perhaps!)

Any pointers on improvements, much appreciated!

1. The Defendant cannot be held accountable for unforeseen events that meant any attempts to satisfy the obligations of the contract would be of significant detriment to himself and other road users. In short, any attempts to move the vehicle or stop the vehicle on the off ramp may have resulted in the injury or death of himself and other road users. The Defendant is at significant disadvantage within this unfair contract but also able to claim ‘Frustration of Contract’ where an event not reasonably foreseen and outside the control of the Defendant has taken place.

Gr1pr

If paperwork is going to an old address, its partly down to you not updating the V5c on the DVLA database, a legal requirement by an RK, plus email Data Rectification Notices to the DPO at all parties, so they have your correct address for the service of papers 

Ensure that your V5c and driving licence are both current and up to date 

Coupon-mad

orangesun said:

Car1980 said:

Personally, I'd put a paragraph about Frustration of Contract for breakdowns / heart attacks / loss of a leg.

Google it.

Had it in the initial defence (on first page), this is the paragraph - feels extremely relevant (but poorly written perhaps!)

Any pointers on improvements, much appreciated!

1. The Defendant cannot be held accountable for unforeseen events that meant any attempts to satisfy the obligations of the contract would be of significant detriment to himself and other road users. In short, any attempts to move the vehicle or stop the vehicle on the off ramp may have resulted in the injury or death of himself and other road users. The Defendant is at significant disadvantage within this unfair contract but also able to claim ‘Frustration of Contract’ where an event not reasonably foreseen and outside the control of the Defendant has taken place.

Looks like a good addition.

orangesun

Also, address has been updated often, just had lots of moves!

Thanks @Coupon-mad.

I'm going to send it off, everything crossed!

orangesun

I've downloaded the N180 "Directions Questionnaire" to email back - received no posted. I have 2 days to return it.

The steps by bargepole, that are linked to in the newbies thread aren't up to date @Coupon-mad. I've had a bash at outlining the most up to date N180 (as of 4/2/25). There's a question about section D, feels like a trick question but maybe I'm being paranoid? Any thoughts @Car1980 @Gr1pr @Coupon-mad?


A. Mediation: nothing to opt in or out of (now mandatory)
B. Your details: fill in all
C. Track: Do you agree that the small claims track is the appropriate track for this case? YES
D. Suitability for determination without a hearing: Do you consider that this claim is suitable for determination without a hearing, such as; by a judge reading and considering the case papers, witness statements and other documents filed by the parties, making a decision, and giving a note of reasons for that decision? Yes or No. If No, state why. What should we put here?
E. About the mediation appointment: fill in accordingly
F. About the hearing: Chose your court: fill in accordingly
Expert Evidence: Are you asking for the court’s permission to use the written evidence of an expert? NO
How many witnesses: 1 (thats you) (or more if you are going to get another person to provide a statement)
4, 5, & 6: fill in all inc dates of holidays, if interpreter needed and if vulnerable
G: English or Welsh: fill in accordingly.

Sign (full name here) (Check "Defendant")

Download and email to DQ.CNBC@justice.gov.uk

Gr1pr

There are a couple more links there in the newbies sticky thread,  not just the 8 years old thread or post by bargepole,  please look again,  especially the copy and paste reply to D

You seem to have stopped at the first explanation and ignored the 2 links below it, added by coupon mad quite a while ago , below this sub header 

Yes, there are some new Qs in the N180 form; please DON'T post asking about how to answer them

Coupon-mad

I don't know why so many posters are only clicking on one of the links I supply about the N180 (the oldest thread) and not reading about the new questions. It's all covered!

Gr1pr

I agree,  and the problem seems to keep coming up despite previous threads, so perhaps use this thread instead, ?

I have copied and pasted relevant details below , updated where required 

Download the new 2024 N180 DQ document as a pdf file from the gov website instead of using the paper one

Bargepole used to recommend a formal document in Times New Roman font size 12, double line-spaced, formatted with numbered paragraphs and pages, with headings - finally, signed/dated but now posted emailed to the 2024  DQ email address for the CNBC in Northampton, ( not posted as they used to be way back in 2016  !.  )

But in these digital times things have moved on and now you should email the newly completed N180 you downloaded as a PDF attachment to the new 2024 N180 DQ email address as shown in the defence template thread and on the CNBC website 

Section D to be filled in as below after selecting NO

Just a quick question on this, the N180 form will not let me paste any more than this in the box for D, is this sufficient enough? 

"I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all these years of intimidating demands from this aggressive parking firm and their agents, that I need a voice at an attended hearing. I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions

Answer 

YES IT IS SUFFICIENT 

Coupon-mad

Honestly I think I'll delete the link to Bargepole's old thread.  It's only a simple form.

Le_Kirk

Coupon-mad said:

Honestly I think I'll delete the link to Bargepole's old thread.  It's only a simple form.

Go for it!