have you had an N180 from the court and done mediation yet?

No. Since they confirmed receipt of my Defence on 21/3/18, I've heard nothing from the Court. Do you know what the next step is likely to be?

popup onto mcol website

check the status of the claim.

sounds like the claim is stayed.

go check your credit file

sorry internet is crap here tonight very strong winds.

if you filed your defence on the 21st march

the claimant has 28 days to do 'something'

you should have gotten notification from the court stating that already...

next step is not yours..

dx

They have photos of you parking there?

If you have used moneyclaim online you wait for the time they have to pay the allocation fee to run out and thej you whack in a letter asking for the claim to be struck out of

1. non payment of the court fee and

2 failing to show a cause for action and thus a strike out under CPR 3.4 as they have no realistic chance of success.

This letter may not get read but just put in the file but often the claimant will be asked to put up or shut up.

No. Since they confirmed receipt of my Defence on 21/3/18, I've heard nothing from the Court. Do you know what the next step is likely to be?

They have photos of you parking there?

As I mentioned above, they sent 5 or 6 photos of my car (which takes up most of the space) and, in the background, some neutral wall, window, railings and so on which could be anywhere!

They have sent these photos in connection with a PCN claiming I had parked at some flats which, I am insisting I have NEVER been to.

I am not querying the time or whether it was my vehicle or anything like that.

I have told them that I have NEVER been to that block of flats.

The photos they provided don't indicate any signage or anything else that specifically I.Ds this block.

Of course it's difficult for me to prove I WASN'T there

If you have used moneyclaim online you wait for the time they have to pay the allocation fee to run out and thej you whack in a letter asking for the claim to be struck out of

1. non payment of the court fee and

2 failing to show a cause for action and thus a strike out under CPR 3.4 as they have no realistic chance of success.

This letter may not get read but just put in the file but often the claimant will be asked to put up or shut up.

Oh I see.

So that's what you meant when you said I don't really want them to reply.

I posted my Defence (basically 'I was never there') on the MCOL site.

MCOL confirm receipt of this on 21/03/18.

Presumably I just have to sit and wait until (roughly) 18th April?

They have up until then to "Defend my Defence" (?)

popup onto mcol website

check the status of the claim.

 

sounds like the claim is stayed.

 

go check your credit file

I now have a letter from HM Courts & Tribunals (the Northampton place) explaining what will happen which only confirms what some people on here of said (they've got 28 days, from 21st March). If they don't get back by then, the claim will be stayed. I trawled through my MCOL Defence but nowhere does it confirm that this case has been stayed. too soon, possibly?

do your sums- thye have until the18th april to pay up and even then the courts service will always allow another week before considering staying a claim. They may even remind the claimant to pay up. What you do is wait until the 19th and then ask for the claim to be dismissed.

have you had an N180 from the court and done mediation yet?

I have now. Sorry I can't scan anything as scanner now packed up.

But, the salient points from the solicitor's covering letter are:

1. Their clients are proceeding with the claim

2. The attached N180 is to be filed with the Court

3. ....."we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing"

4. Apparently..."...this is because the matter (is) relatively straightforward ..(and) ...costs incurred in an oral hearing would be disproportionate"

5. ..."Our client has elected not to mediate (my emphasis) because this has rarely proved beneficial in these types of cases....Notwithstanding our client would be happy to listen to any genuine payment proposals"

I would be glad of your comments on this.

Firstly, does this mean a judge sitting alone would decide the case? ie neither party gets to represent their case in person?

Secondly, I imagine I wouldn't gain or lose anything by not having mediation? My case rests solely on the one fact which is that I was not at a particular place they claim I was, so mediation wouldn't be relevant; am I right?

Finally, their 'offer' to hear any genuine payment proposal (?). I don't have one because as far as I'm concerned no contravention occurred so I don't owe them anything.

HOWEVER - if the worst comes to the worse and the judge believes them and not me, I couldn't possibly come up with the £420+ they're demanding.

have you had YOUR N180 from the court

have you had YOUR N180 from the court

No I haven't yet. I got a letter (post not email) from HMCTS dated 21/3/18 saying the claimant wants to proceed and they will contact the court who will then contact me.

I get a feeling from this HMCTS letter they really, really, really want people to mediate. I can see why as it keeps cases like this away from the courts. PCM have refused this.

So I guess I just wait for a letter from the court?

yes your N180

just because they've sent their doesn't mean its going anywhere

and some of your questions above are really basic

you should be reading other claimform threads in this forum!!

They have photos of you parking there?

Sorry for late reply.

No they've sent pictures of my car set against some windows, railings, wall - which could have been taken anywhere

All I can re-iterate is that they could not have taken pictures of my car at the place they claim I was - because I've never been there.

It's frustrating - how can you prove you weren't somewhere?

Unfortunately i don't h ave anything to confirm where I actually was at that time as I was alone at home!

then you take pictures of all of the block where you live to show that it is the same as their piccies and thus they are telling porkies. This is only part of your defence but it really rubbishes their claim and if accepted makes your job a walkover for the rest of it. If it looks nothing like where you live the you will have to get out to where they claimit was and do the same there.

it doesnt matter about confirming where you were at the time although that would be useful. Was it a weekend or a work day? that should focus your mind.

Now shake yourself into action rather than being defeatist over this. tell yourself you are going to win and look for any reason why they are wrong and prove it. they have to prove a damned sight more than that so even the signage at the place they say you were may well kill ther claim if it says something like permit holders only.

You should make a record of your mileage and other costs persuing this and claim it all abck from them when you beat them or they drop the claim.