Defence review requested following Claim Form - Was delivering meal to resident at assisted living

Coupon-mad

"The solution given by most on the internet is to print, sign and scan."

And if you did that, you'd get a CCJ.

bagold

Regarding setting judgement aside I received the following regarding our complaint. I don't need to do anything further about this do I? I have submitted the N180 back to CNBC and Civil Enforcement (using the email they give on their N180).

Thank you for your complaint dated 6 January. I'm very sorry that I have not been able to respond to your complaint until today and that our response falls outside of our service line agreements.

I'm sorry you've had cause to complain.

Having investigated

Looking at the case and the evidence you have provided, I can see that your defence was received in time and we missed this which led to judgment being entered against you.

I'm sorry that your defence was missed and that this has resulted in judgment being entered against you.

I can see that the claim, was referred to the District Judge on the 9 January as we had the evidence to see that your defence was received in time. The claim was reviewed as a priority and the judgment was set aside and your defence was processed.

A notification was then received on the 2 February from the claimant stating that they wish to proceed with the claim. As the claimant wishes to proceed with the claim, Directions Questionnaires were sent out to all parties. All parties are now required to complete and return their Directions Questionnaire.

Further information about your claim

The complaints investigation team is a centralised team who investigate the root cause of complaints, we're not involved in the processing of any cases or providing updates.

This email address is for the stand-alone complaints system only. If you've any questions about your case, or if you need to submit any documents relating to your case, please contact the Civil National Business Centre (CNBC) directly. You can find their contact details available on Court Finder - https://www.find-court-tribunal.service.gov.uk/courts/civil-national-business-centre-cnbc

Once again, I'm sorry for the upset and inconvenience this may have caused you.

If you're unhappy with my response

HMCTS operates a three stage Complaints Handling Procedure and if you're unhappy with the way I've handled your complaint please write to the Complaints Manager by replying to this email, requesting a review of your complaint with details of why you're not happy.

Yours sincerely,
Miss E Crossthwaite
Complaints Investigator
Civil National Business Centre (CNBC), HM Courts and Tribunals Service | HMCTS |

bagold

We have mediation next week. If I recall the advice correctly I should offer nothing or £5 maximum. Please feel free to correct me.

Just a quick recap below….

"My wife parked her car in the car park (but not in a bay) of an assisted living residence for a short time (she believes 10 to 15 minutes). This is to deliver a meal to one of the residence (in a personal capacity not as delivery driver)."

"28 minutes but what you describe is covered by the Equality Act 2010 because the person bringing the food to the assisted living resident was a carer when acting in this capacity.As you say, they were not just a delivery driver. Carers are protected too.Mention the Equality Act and explain the above in the defence. And cite Jopson v Homeguard. This was not parking.A person who lives at an assisted living site needs far, far more time to answer the door and manage to move around and engage enough to safely receive the food than an able bodied person would and the Defendant was doing more than more drop off…."

Car1980

Just offer zero. Can be a 10 second conversation and then you hang up.

Coupon-mad

And no need to describe the event to the Mediator (they will start by asking you to set out your case). Say "no, I'll put my case before a judge thankyou".

bagold

Just had mediation. They offered £135 down from something like £270. I said we are not prepared to offer anything. Mediator came back saying they are not changing their position any further. So now we wait for court date.