Parking Eye 2 x ANPR PCNs - two different vehicles - PAPLOC now claimforms - Kenwood House, Tunbridge Wells - one claim discontinued one ongoing

[Nicky Boy]

A CCJ is ONLY issued IF you lose the case and then don't pay up when the court orders you to (I believe it's a month).

 

As to attending court, yes I believe you are able attend as something known as a "litigant friend".

Others will probably advise further on this, but with a defendant who has reading / writing difficulties, I would expect the court to give some leeway on this anyway.

[Hopgarden]

OK thats great about the CCJ. Thanks for advising

I hope someone can clarify if I can attend as a litigate friend?

 

I only ever gave the MCOL our email address and never DCBLegal. I have sent a letter this morning as directed that we will only respond to communication via Royal Mail. But before I could send I received an email advising they are going to pursue the case  " their client intends to proceed and In due course the court will direct both parties to each file a directions questionaire. In prepartion for that, please find attached a copy of the claimants, which we confirm has been filed with the court"

but the attachment is an empty direction questionaire form? Then another settlement offer.

 

Can anyone advise, we want to take this all the way now but I just need clarification that I will definately be able to go into court with the 2 keepers, as I said previously 1 of them has difficulty with reading writing and comprehending stuff and the other is late 70s, therefore a bit daunted by all of this.

Your help is much appreciated as always

 

[dx100uk]

simply keep an eye on mcol status.

it will state if/when dq n180's are sent.

 

as for you being in court,

this can be mentioned much later p'haps in the witness statement that will have to go in.

 

dx

[Hopgarden]

Hi all

annoyingly both keepers have received an envelope each yesterday both containing a "notice of allocation to the small claims track" and also a "DQ - N180 form "...Grrrr......

It seems pretty straight forward to complete and I have read through a few other cases but just want to check a few things with the process and questions.

Does this mean that they would have already paid the court fee?

when do we have to provide witness statements/ a bundle etc? does this come later?

In the top right hand corner of the questionnaire it says "To be completed by, or on behalf of, then there is a blank box and underneath the box it says "who is either Claimant, defendant or part 20 claimant, they have circled the defendant. So do I have to write the name of the keeper in this box?

A1. No to mediation 

B. Contact details - will do this, should I give email address and phone numbers?

C. Yes - agree that small track is the appropriate track for this case

D. No - not suitable for determination without hearing - reason as seen on another thread - "to put the claimant to strict proof under cross-examination"

E1 - Local county court to us

E2 - No to expert evidence#

E3 - would this just be the 1 witness "the defendant"?

E4 - They do both have holidays booked ion next 6 months so will advise of the dates unable to attend

E5 - Do I mention that 1 of the defendants cannot read or write properly and the other is nearly 80 years old and has difficulty understanding situations and gets confused etc.? would this be the time to notify the court that they will need support from a family member in court? or as previously advised would this be something that would need to go within the WS when the time comes?

I have until 24th April to file the N180 with Northampton County Court Business centre.

Also I must serve on all parties, so just to clarify this, would this mean send by post a copy of the completed N180 to both Parking Eye and DBS Legal as well as to Northampton as above? Is there anyone else I should be sending to? and should I send recorded delivery on anything like that?

Many thanks in advance for your help, I want to get this done and dusted as it is causing anxiety.

[dx100uk]

30 minutes ago, Hopgarden said:

Does this mean that they would have already paid the court fee?

 

So when do we have to provide witness statements/ a bundle etc? does this come later?

no

later

 

if its from the court and status says N180 sent to defendant then:

 

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

dx

 

 

[Hopgarden]

Yes it is from court and status on MCOL says 

Claim History

Case Stay Lifted on 05/04/2023

DQ sent to you on 05/04/2023

DQ filed by claimant on 05/04/2023

What does case stay lifted mean?

It is for a private parking so "No" to mediation then

Can you recommend how to send to all parties please, does it have to be registered/recorded or just get a proof of postage?

Thanks again

[dx100uk]

as the guide says! READ IT.

just get free proof of posting of each from any PO counter 1st class is good enough.

 

1 hour ago, Hopgarden said:

What does case stay lifted mean?

exactly what it says...its now not stayed. going fwd as any other claim here you've read.

[lookinforinfo]

I am not sure if you have posted the PCN of your parents car but on your own car you have nothing to worry about if you were not the driver.

 

the reason being that the PCN was not issued until after the 14 day limit. That means that under the protection of Freedoms Act 2012 they cannot transfer the debt from the driver to the keeper. Only the keeper is liable. 

 

I understood from an earlier post that even with your parents car, the keeper was not the driver, so the keeper is not liable in that case either. so as long as you have not appealed or let them know who was driving they cannot win in Court.

[FTMDave]

If you read through this short thread you'll see all the stages of the court process and be genned up on what to expect next  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments

 

Edited April 13, 2023 by FTMDave
Typo

[Hopgarden]

Hi all

Im just about to post the questionaires but wanted to clarify when it says serve on all parties, thats obviously the court and do I have to send a copy to both parking eye and dcblegal or just dcblegal.

Also the deadline is 24th which is monday so if I get these posted later 1st class would it matter if there were a delay in them getting there by monday? Ive had a lot on, Im off to a funeral in a minute so wont be back for a good few hours but would appreciate any input to my questions

Many thanks

[Nicky Boy]

Just send to claimants solicitors, dcblegal.

 

As a litigant in person, you're given a little leeway, so you'll be ok with a day late.

 

Hopefully 1st class should make it anyway...

[dx100uk]

will you please go BACK a few posts and read the guide i posted....

 

that tells you everything to do.

 

dx

 

[dx100uk]

On 12/04/2023 at 18:47, dx100uk said:

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

 

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

 

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

 

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

dx

 

 

 

[Hopgarden]

Hi

Sorry @dx100ukI seem to have frustrated you. I HAVE read everything you sent but I was still unsure as to whether I need to also send to parking eye.

 

As with many others who have never dealt with anything like this before need some clarity sometimes.

 

Sorry if Ive upset you but I dont want to get to the point where Im anxious to post up in case you have a "pop" at me for not helping myself.

 

I have and will continue to help myself with CAGS help and have donated to CAG previously when you helped. But its never gone to court before.

 

I along with probably many others find all this very confusing and a lot to take in.

 

Please have a little more patience with people

Thank you kindly

[Hopgarden]

Thank you @Nicky Boy for the clarification

[Nicky Boy]

Take DX with a pinch of salt.

He's extremely active on a large number of threads and spreads himself pretty thin.

He tries to keep everything as succinct as possible and not bother you with stuff you don't need.

You won't go far wrong if you do EXACTLY as he says

Anyone who loves sheep as much as he does can't be all bad...

Hmm, that doesn't read the way it was intended

[dx100uk]

On 20/04/2023 at 15:54, Hopgarden said:

Hi

Sorry @dx100ukI seem to have frustrated you.

I HAVE read everything you sent but I was still unsure as to whether I need to also send to parking eye.

On 20/04/2023 at 12:59, dx100uk said:

1 to their sols (omit phone/sig/email) if no sols send to claimant

 

DCB(legal) (the same ones you sent the cpr 31.14 too remember??)

if you had to send one to the claimant the guide would tell you.

[honeybee13]

Thread reopened.

HB

[Hopgarden]

Thank you for re-opening this thread. 

I wanted to share some great news with you all....

The rats have retreated and sent a notice of discontinuation in respect of this claim against my husband.

You may remember there were 2 more or less identical claims brought against us at the same place.

This one has been dropped but doesnt seem the other against my parents has unless the letter got lost in the post. I shall check with the courts tomorrow. Otherwise we will see them in court for the other in August next year...

 

Thank you to all you guys out there for all your help.

I am honestly not in the financial position to donate again atm but as soon as my luck changes I will.

Honestly these people are relentless and Im sure i would have just paid up if it were not for your help and guidance.

Sods law,

I  just received a claim form yesterday from another fleecer Group Nexus which I have just opened a new thread for so hoping you will be able to assist me on this also as I didnt receive a Letter before claim.

Many thanks much appreciated

[honeybee13]

That's great news, well done.   Thank you for letting us know.

HB

[FTMDave]

That's superb news - well done.

Just thinking about your parents' case.  Presumably on the Notice of Discontinuance there is the name of the court.  Was the case still with Northampton Bulk or had it been allocated to your local court?

[Nicky Boy]

Congratulations!

[Hopgarden]

 

sorry I have only just seen this question you asked me.

No both of the cases had already been allocated to a local court.

I double checked with MCOL online and they said that my husbands is showing as discontinued and my parents one is still active

a bit confused as circumstances were almost identical for the 2 incidents, why they would discontinue one and not the other is a mystery.

But the case is set for August 2024 fingers crossed they drop it before then.

[FTMDave]

OK, understood.

Thread title updated.

[dx100uk]

any news on your case?

dx