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Help reviewing my defence

13

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Remove #5 as you have it covered more fully in #11. Then re-number.

    And change 'I' to 'the Defendant':
    This is further evidenced by the terms being impossible to read even on zoomed in pictures I was subsequently sent!

    Apart from that it looks fine but remember that defence is not the only job and there is a series of paperwork ahead of you to be done later, before the hearing in the Spring. Make sure you have read and re-read bargepole's 'court procedures' thread as linked in the NEWBIES thread under the red heading about knowing what happens when.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Great thank you for your help.

    I'll make the tweaks and send it off.

    I'll definitely read the threads about what to do next and when and I'll post for any advice if I get stuck

    Thanks again
  • I've submitted my defence and it was all accepted by MCOL.

    However, since then, I realised I made one small error in my defence, and I left a COMPANY XXX in my defence instead of the actual company name.

    I have been in touch with Northampton Court Business Centre to ask if I can send them a fixed defence and they told me to fill in form N244. I've found that form but it doesn't seem to apply to my situation at all! Doesn't mention defences at all!

    Does anyone have any advice for me? What should I do?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ignore the typo and wait for WS and evidence stage. Your defence is fine!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • OK I submitted my defence on the 4th November. The MCOL website confirms that. But there's been no response, I've received no letters or emails.

    How long do they have to reply? What happens if they don't?
  • Le_Kirk
    Le_Kirk Posts: 25,169 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Northampton CCBC will send your defence to the claimant who have 28 days to respond with a decision as to whether or not they wish to proceed. However, we do not know when the CCBC sent/will send your defence.
  • If they don't reply within a month, say, 4th December, can I apply to have it struck out or is that automatic?

    If it's 28 days from whenever CBCC sent it out, how will I know when the deadline is?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Lily091213 wrote: »
    If it's 28 days from whenever CBCC sent it out, how will I know when the deadline is?
    You won't. You also don't know about any possible workload issues in the CCBC which might delay them sending you a Directions Questionnaire.

    Wait patiently for a DQ to drop through your letter-box sometime around Christmas.

    If you cannot wait, then read again item 8 on the list in post #4 above.
  • Hi everyone, 

    Quick update on this case. I received an Allocations to Small Claims Track today, to my local court as I'd asked. 

    The dates on the letter is the 18 May, and it says that UKCPM have until the 20 April to pay their fees. It also says I have to issue my witness statement 14 days before. 

    So, my questions are:

    1. Going back to the DQ stage, I've never received their copy of that. I sent my copy to the court and to them, but they've never sent me anything. Were they meant to?

    2. How will I know if they pay by 20 April or not? 

    3. Do I wait until they've paid until I submit my WS? 

    4. I can email my WS to the court but do I also need to email it to UKCPM and Gladstones or is it sufficient to send to the court only? 

    5. I have recently sold the car in question. Does this have any bearing on proceedings at all? 
  • Le_Kirk
    Le_Kirk Posts: 25,169 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    1. Yes, they should send you a copy - complain to the *CCBC that you did not get it, check on MCOL that they actually filed one.
    *CCBC tend to dip out once court is allocated, so maybe complaint to both.
    2. You can check on MCOL
    3. You can compile your WS, evidence and costs schedule and hold on as long as possible in the hope that they don't pay and that you might receive their WS but DON'T miss your own deadline for filing and serving.
    4.  Always advised to take your WS to court in a ring binder along with costs schedule and evidence cross-referred and with a contents page, clearly marked on the front with the case number.
    5. No
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