Free Traffic Legal Advice

Quote from: ChromeX1 on February 23, 2025, 11:41:25 am

Quote from: b789 on February 22, 2025, 03:26:59 am

Please show us the N279.

Will do once received

The email you shared suggested one was enclosed, was it not?

If you can share once you have one (and chase if one isn't forthcoming) that would be appreciated. Our friendly neighbours on the MoneySavingExpert forum are keeping a track of DCB Legal's continuing pattern of late discontinuations.

Quote from: ChromeX1 on February 10, 2025, 06:17:43 pm

I assume I should still go ahead and submit that letter and complaint as you've advised above and ignore the WS requirement until I receive further letters?

Yes

Send the following to the court manager at Nottingham County Court:

Quote

[Your Name]
[Your Address]
[City, Postcode]
[Your Email]
[Your Phone Number]

[Date]

Court Manager
Nottingham County Court
60 Canal Street
Nottingham
NG1 7EJ

URGENT: Request for Permission to Amend Defence – Procedural Oversight in Court Order

Dear Court Manager,

Re: Case No. L0KF4D2J – Euro Car Parks Ltd v [Defendant Name]

I write in relation to the above case, following the order dated 5th February 2025 issued by Deputy District Judge Griffiths.

The order required the claimant to file further Particulars of Claim (PoC) by 26th February due to the inadequacy of their original PoC to comply with CPR 16.4. However, it does not permit me, the defendant, to file an amended defence in response to the new PoC, despite the fundamental changes this will introduce to the case.

This omission appears to be a procedural oversight because:

• The court has already found that the original PoC lacked the required detail under CPR 16.4.
• My existing defence was drafted in response to the previous defective PoC, meaning I have not had the opportunity to respond to the new case against me.
• Requiring me to submit only a witness statement and evidence by 26th February (without an amended defence) is procedurally unfair and does not comply with the Overriding Objective (CPR 1.1).
• It is standard practice that when a claimant is ordered to file further PoC, the defendant should be given an opportunity to respond by way of an amended defence.

I respectfully request that the court confirms:

1. That I am permitted to file an amended defence within 14 days of service of the further PoC.
2. If the court considers that an N244 application is required for this procedural correction, please confirm whether:

• The court fee applies given that this arises from the court’s own order.
• The matter will be considered on paper rather than requiring a hearing.

Given the imminent deadline of 26th February, I would be grateful for an expedited response so that I may prepare accordingly.

I would appreciate a written confirmation of the court’s position at your earliest convenience.

Yours faithfully,

[Your Full Name]
Defendant

If possible, you can hand the letter in to the court personally but make sure that they give you a receipt for it. Otherwise, you send it as a PDF attachment in an email to enquiries.nottingham.countycourt@justice.gov.uk AND by first class post using free "Certificate of Posting" from any post office.

You can also send it using the online complaints form here: https://hmcts-complaint-form-eng.form.service.justice.gov.uk

Just make sure that you copy and paste the following in the appropriate boxes and then also upload the copy of the order:

Q. Your complaint:

Quote

I received a copy of an order dated 5th February 2025 issued by Deputy District Judge Griffiths. The order required the claimant to file further Particulars of Claim (PoC) by 26th February due to the inadequacy of their original PoC to comply with CPR 16.4. However, it does not permit me, the defendant, to file an amended defence in response to the new PoC, despite the fundamental changes this will introduce to the case. This omission appears to be a procedural oversight because:

• The court has already found that the original PoC lacked the required detail under CPR 16.4.
• My existing defence was drafted in response to the previous defective PoC, meaning I have not had the opportunity to respond to the new case against me.
• Requiring me to submit only a witness statement and evidence by 26th February (without an amended defence) is procedurally unfair and does not comply with the Overriding Objective (CPR 1.1).
• It is standard practice that when a claimant is ordered to file further PoC, the defendant should be given an opportunity to respond by way of an amended defence.

Q: How has this affected you?:

Quote

This has caused confusion and distress.

Q. What can we do to put this right?:

Quote

I respectfully request that the court confirms:
1. That I am permitted to file an amended defence within 14 days of service of the further PoC.
2. If the court considers that an N244 application is required for this procedural correction, please confirm whether:

• The court fee applies given that this arises from the court’s own order.
• The matter will be considered on paper rather than requiring a hearing.

Given the imminent deadline of 26th February, I would be grateful for an expedited response so that I may prepare accordingly. I would appreciate a written confirmation of the court’s position at your earliest convenience.

All the other questions are self explanatory.

2pm on 3 April 2025 is the date for your diary, when DCBL won’t pay the court fee and the case will be struck out.

Ignore everything from DCBL. And DCB Legal’s offers to settle.

Yes. All going to plan. Is Nottingham your local county court?

For any claim issued since May this year, it is now mandatory to "attend" a mediation phone call. This is not part of the actual judicial process. There is no judge or lawyers involved. The only requirement is to "attend" the call.

So, you offer £0 and it is over in minutes. Do not agree to settle anything. If the mediator tries to persuade you that you should consider any offer or that if you don't you may not win, you must report that person in a complaint. They are not legally trained and must not be giving any legal advice or suggestion.

So, offer £0 and carry on with your life.

Yes, all part of their standard procedure. Just keep going - I wouldn't bother calling them to discuss settling, you're not interested in paying anything.

You can just send the defence from your email address. As long as the autoresponse is received, that’s all that matters.

If your brother completed the AoS and did it all in your name, is what is important. Did he use his Government Gateway ID or yours to access MCOL?