Euro Car Parks: Notice of Proposed Allocation to the small Claims Track questionnaire to fill out

VictimOfEuroCarParks

Hi everyone, 

So I had the mediation call, where they said I could pay £285 instead of £314. I politely declined and offered £50. They came back and offered £275. 

A week or so later, ECP contacted me and offered to let me settle for £100, but I know I have a good case here, so I refused. 

I'd submitted my directions questionnaire which clearly states I was out of the country from 13 March to 1 April. Low and behold, I get home on 1 April to 2 letters. 

First letter dated 25 February, but the envelope showed it wasn't posted until 18 March, from the courts, a 'Notice of Transfer of Proceedings' letter. 

The second letter, dated 18 March (when I was out of the country) a 'General Form of Judgement or Order' asking me to file a defence by 27 March (when I was still out of the country, as outlined in my directions questionnaire). The envelope has the 28 March stamped on it. The latter arrived on 1 April, the day I arrived back in the country (but past the deadline anyway!) 

I tried calling them but was on hold for an hour with 282 people ahead of me. I tried again the following day and managed to speak to someone, who advised me to email the court. I emailed and had no reply. I followed it up and was told: 

"I can see that you did file a directions questionnaire with the Court on 21 January 2025 but for whatever reason this was not on the Court file when it was sent here. Please can you email a copy of your directions questionnaire to me so that it can be referred to the Judge with the file" 

I sent the directions questionnaire back and asked if this means I could now file a defence, and received the following response: 

"Apologies, the email was recalled so should be disregarded. The order of the District Judge Mitchell of 17 March 2025 stands so you may wish to obtain some legal advice on how to proceed." 

I can't afford to pay for legal advice! What on earth should I do now? I've heard nothing at all since. 

Thank you in advance! 

Coupon-mad

Instead of phoning, why didn't you just email the local court a copy of your original defence three weeks ago when you were back (you had already done your defence to the claim, so it was presumably just DJ Mitchell saying that they had lost a document and wanted a copy?).

I'd have just forwarded it weeks ago. You must have a copy of what was submitted to the CNBC.

Or were they just saying they'd lost the DQ (not the defence)? Show us DJ Mitchell's order. Doesn't sound like he was asking for anything new or difficult to supply?  Whatever they have lost, email it to the local court today.

VictimOfEuroCarParks

Thanks @Coupon-mad
I rang and emailed them because I received letters which stated I could no longer file a defence because I'd missed the deadline (because they notified me via letters while I was abroad, and the deadline was while I was abroad, dates which I notified them of in my DQ). 

The letter asked for me to file a letter of defence, but I don't think I've written a letter of defence, only completed a directions questionnaire. I did forward this to them on 1 April as soon as I returned and saw the letter. I received no contact back, despite chasing twice, until 17 April when they asked me to forward the DQ, which I did straight away.  No further contact from them until yesterday. Which is why I'm seeking advice now. 

I can file a defence, but someone put on my thread that my defence wasn't written properly, so I'll need to work out how to improve this now. I don't understand why they would ask me when I'm unavailable, and the only 3 weeks I was unavailable, they decide to contact me. 

VictimOfEuroCarParks

Also, nothing in the letter says how to file a defence! It just says "Unless the Defendant files a copy of their defence with the Court on or before 4pm on the 27 March 2025 the defence and any counterclaim shall be struck out without further Order of the Court." 

It doesn't give any other information. 

Coupon-mad

I'm sorry but you defended the claim form when you first got it. Whatever you put in the Defence box is your defence.

It doesn't matter that a deadline had passed. You must comply with a Court Order anyway, even a bit late - just do what the judge asked .. now!

You cannot 'improve' or change your defence unless DJ Mitchell's order says you can.

You haven't shown us the order yet, so you know more than we do.

VictimOfEuroCarParks

I'm really sorry, I've never been in this position. What is the order and how do I find it? 

Coupon-mad

Errr... I'm sorry, what? You quoted from it!

VictimOfEuroCarParks

Sorry, why are you asking to see the order then when what I quoted is literally all the order says? I haven't done this before, I have a learning disability, and I'm trying my best. It's not an easy process to follow, it's not accessible to everyone, and you obviously know all of this inside out, but for someone who's never been in this position before, it's very scary and doesn't make sense. 

VictimOfEuroCarParks

The order document. This is the only page and didn't have any further details. The letter is dated 18 March but I received it 1 April (after the deadline). 

Coupon-mad

OK so email a copy of your defence TOMORROW FIRST THING, explaining that you were away (as was noted in your N180) and have a learning disability, so didn't understand the order which someone helping you has now explained.