16
Private parking tickets / Re: PCM UK LTD issued ticket while broken down on private land
« on: October 23, 2024, 12:39:03 pm »
Not heard anything from them still
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17
Speeding and other criminal offences / Alleged Offence: Use a handheld mobile phone / device while driving a motor vehicle on a road
« on: October 23, 2024, 12:34:38 pm »
Just over 10 days ago while driving my vehicle, I was stopped by a police car and told it was for using a handheld mobile phone.
He didn't share any evidence with me and I'm not sure where exactly he had seen me to be using my phone. I did not admit or deny using the phone and he didn't ask to see my phone either. I got me to confirm my details and sign a digital copy of some sort of declaration which I think was more to do with confirming he stopped me than an admission of any guilt.
Now I never even send/read texts or browse my phone while driving. Calls I take via bluetooth which is hardwired into my vehicle with the relevant buttons on my steering wheel. I may have looked down and fumble with my phone for a brief moment to turn of a reminder alarm that is a huge distracting while driving. Of course It would be silly to not have waited for a safe place to pull over somewhere.
My work is totally dependent on me being able to drive and I fear this one alleged offence will render me uninsurable or unable to pay the inflated insurance costs in the following years which I am told 6 points will certainly inflate.
From the letter, it seems they are tell me I can accept 6 points with a £200 fine, or contest it in court.
I would really appreciate any advice that could help avoid me getting points.
Thank you in advance.
PS, In almost 30 years of driving, I have never cut a red light or gone over the speed limits.
He didn't share any evidence with me and I'm not sure where exactly he had seen me to be using my phone. I did not admit or deny using the phone and he didn't ask to see my phone either. I got me to confirm my details and sign a digital copy of some sort of declaration which I think was more to do with confirming he stopped me than an admission of any guilt.
Now I never even send/read texts or browse my phone while driving. Calls I take via bluetooth which is hardwired into my vehicle with the relevant buttons on my steering wheel. I may have looked down and fumble with my phone for a brief moment to turn of a reminder alarm that is a huge distracting while driving. Of course It would be silly to not have waited for a safe place to pull over somewhere.
My work is totally dependent on me being able to drive and I fear this one alleged offence will render me uninsurable or unable to pay the inflated insurance costs in the following years which I am told 6 points will certainly inflate.
From the letter, it seems they are tell me I can accept 6 points with a £200 fine, or contest it in court.
I would really appreciate any advice that could help avoid me getting points.
Thank you in advance.
PS, In almost 30 years of driving, I have never cut a red light or gone over the speed limits.
18
Private parking tickets / Re: Received a court claim form for overstaying in a supermarket carpark
« on: September 22, 2024, 05:15:18 pm »Ill invest in a wired handset, test it and have her sit by it from 10 minutes before the call
19
Private parking tickets / Re: Received a court claim form for overstaying in a supermarket carpark
« on: September 19, 2024, 07:43:09 pm »Mediation is now compulsory. Nothing to worry about. It is not a trial and is simply someone with 10 minutes training trying to mediate between the parties. It is only compulsory to attend the phone call. You offer £0 and it is over in less than 5 minutes.
Okay so I just received an email with a date for a mediation telephone call. Only thing that has me worried is the threats in it if you miss the call. Reception at home is awful on our mobile networks so I'll need to get an old corded land phone and update the number with them just in case. It's scheduled just over a month away. By the way, I've been dealing with this on behalf of my wife so I wonder if I should take the call myself or just brief her on what to say (unless it's possible we get someone who wants to delve into things a bit more?)
20
Private parking tickets / Re: Received a court claim form for overstaying in a supermarket carpark
« on: September 03, 2024, 04:42:15 pm »
Ok so I have done the following:
Emailed: dq.cnbc@justice.gov.uk, info@dcblegal.co.uk, myself
Subject: Claim Number: xxxxxx
Body of email:
Bearing in mind the contents of the defence, I would strongly suggest that the judge makes the attached order in support of which I also attach transcripts of two cases which support the proposition that the judge should make the order I suggest.
MCOL states that the claimants DQ was received in 21st August but I have not received a copy of it.
Attachments:
- My completed DQ
- Draft defence order
- PM v Akande transcript
- CEL v Chan transcript
Emailed: dq.cnbc@justice.gov.uk, info@dcblegal.co.uk, myself
Subject: Claim Number: xxxxxx
Body of email:
Bearing in mind the contents of the defence, I would strongly suggest that the judge makes the attached order in support of which I also attach transcripts of two cases which support the proposition that the judge should make the order I suggest.
MCOL states that the claimants DQ was received in 21st August but I have not received a copy of it.
Attachments:
- My completed DQ
- Draft defence order
- PM v Akande transcript
- CEL v Chan transcript
21
Private parking tickets / Re: Received a court claim form for overstaying in a supermarket carpark
« on: September 03, 2024, 04:15:07 pm »D1 is "NO". You do not want a hearing 'on the papers'. You want a hearing in person.
Add the following to the text box:
"I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all the intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing."
Just send the copy to info@dcblegal.co.uk, dq.cnbc@justice.gov.uk and CC yourself.
Ok perfect. I'll do that. SO my other answers were fine. I'll just amend D1 as you outlined
22
Private parking tickets / Re: Received a court claim form for overstaying in a supermarket carpark
« on: September 03, 2024, 03:43:14 pm »You need to get a move on. You don’t need to “upload” anything. Just download the your DQ from the link, complete it on your computer, sign it by just typing your name in the signature box and then get it sent as a PDF attachment to an email to DQ.cnbc@justice.gov.uk and also the claimants solicitor and also CC in yourself in a single email.
Add in the body of the email that MCOL states that the claimants DQ was received in 21st August but you have not received a copy of it.
In your DQ you do not want a hearing on the papers and just put the following in the text box:QuoteI am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all the intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.
I couldn't find the claimants solicitor email in the papers but I have through a quick google: sarah@dcblegal.co.uk. Reckon I should use this?
Claimants Legal Representative:
Sarah Ensall
DCB Legal LTD, Greenwood Drive
Runcorn
WA7 1UG
About the point not being content for the case to be heard 'on the papers' is it:
D1 Do you consider that this claim is suitable for determination
without a hearing, such as; by a judge reading and considering the
case papers, witness statements and other documents filed by the
parties, making a decision, and giving a note of reasons for that
decision?
So I should say no to this question a and explain with the statement:
"I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all the intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing."
Sorry to be asking for so much clarification
23
Private parking tickets / Re: Received a court claim form for overstaying in a supermarket carpark
« on: September 03, 2024, 03:26:35 pm »Mediation is now compulsory. Nothing to worry about. It is not a trial and is simply someone with 10 minutes training trying to mediate between the parties. It is only compulsory to attend the phone call. You offer £0 and it is over in less than 5 minutes.
Cool
These were my answers to the questions I was a bit unsure of. Was I right?
C1 Do you agree that the small claims track is the appropriate track for
this case?
Yes
D1 Do you consider that this claim is suitable for determination
without a hearing,
Yes
E2 Are there any dates within the next 3 months when you will not be
able to attend your mediation appointment?
Yes Thursdays and Fridays
F1 At which County Court hearing centre would you prefer the small
claims hearing to take place and why?
Local to my home address
F2 Are you asking for the court’s permission to use the written
evidence of an expert?
No
F3 How many witnesses, including yourself, will give evidence on your
behalf at the hearing?
1 (myself)
F4 Are there any days within the next nine months when you, an expert
or a witness will not be able to attend court for the hearing?
Thursdays and Fridays
G1 Have you been advised of your right to give evidence in either
Welsh or English?
No
24
Private parking tickets / Re: Received a court claim form for overstaying in a supermarket carpark
« on: September 03, 2024, 03:15:54 pm »You need to get a move on. You don’t need to “upload” anything. Just download the your DQ from the link, complete it on your computer, sign it by just typing your name in the signature box and then get it sent as a PDF attachment to an email to DQ.cnbc@justice.gov.uk and also the claimants solicitor and also CC in yourself in a single email.
Add in the body of the email that MCOL states that the claimants DQ was received in 21st August but you have not received a copy of it.
In your DQ you do not want a hearing on the papers and just put the following in the text box:QuoteI am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all the intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.
I am filling in the form but there's a load of stuff about mediation?
25
Private parking tickets / Re: Received a court claim form for overstaying in a supermarket carpark
« on: September 02, 2024, 10:15:47 pm »In which case go to:
https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf
Download your DQ and complete it and send off as advised. You should also have received a copy of the claimants DQ in the next day or so. If you don’t, let us know.
Your DQ is emailed with the following message as a pdf and attached another copy of the draft order and copies of two persuasive appeal cases, CEL v Chan and CPM v Akande:
Quote
“Bearing in mind the contents of the defence I would strongly suggest that the judge makes the attached order in support of which I also attach transcripts of two cases which support the proposition that the judge should make the order I suggest”.
Draft defence order
CPM v Akande transcript
CEL v Chan transcript
Hi,
I haven't received the claimants DQ still.
To confirm I have understood what I should be doing now.
1. Complete the DQ, upload and save as a PDF
2. Attach the completed PDF, draft order, 2 example case transcripts in my email to them
3. Ensure your quote is added to the main body of the same email
Am I correct?
26
Private parking tickets / Re: Received a court claim form for overstaying in a supermarket carpark
« on: August 23, 2024, 12:03:37 pm »You are the defendant. The claim is defended. Unless you filed a counterclaim (did you?) then there is nothing more to do for now. The claimant does not have a “defence” unless you counterclaimed.
If the claimant has accepted that they intend to proceed with the claim, they will have told the CNBC so but they should have also sent you a letter stating the fact that they intend to proceed with the claim. Have you had anything from the claimant solicitor?
The next thing will be your N180 DQ. It will arrive in the post but you can download one and fill it in already and save as a pdf, ready to attach to an email which is send to both the claimants solicitor and to the CNBC at DQ.cnbc@justice.gov.uk and you also CC in yourself.
If you can get access to your MCOL history, it will show when the CNBC has sent your DQ at which point you can simply email the one you have prepared.
Right totally make sense now. So this is to just confirm that I will be defending the claim made against me.
I haven't received a letter from their solicitors yet but in the MCO site shows the following under history:
Your defence was received on 29/07/2024
DQ sent to you on 19/08/2024
DQ filed by claimant on 21/08/2024
27
Private parking tickets / Re: Received a court claim form for overstaying in a supermarket carpark
« on: August 23, 2024, 09:40:15 am »Normally, when you access the MCOL, it goes through your Government ID website. Once into MCOL, you only have to click the link in the lower right corner. I don't have access to it so you'd have to figure it out.
I'll much around with it to try and figure it out
I just received by post a letter titled: Notice of Proposed Allocation to the Small Claims Court
It says that it is now a defended claim and that the defendant has filed a claim, but the bit where it says 'a copy of which is enclosed' is crossed out and I can't seem to see anywhere they have included their defence. Just seems to be a few pages I need to fill in and then sign.
28
Private parking tickets / Re: Received a court claim form for overstaying in a supermarket carpark
« on: August 19, 2024, 01:51:05 pm »
When I enter claim number and password under: Respond to claim made against you:
I get the following:
Homepage
The following errors have occurred:
Claim number or password is incorrect.
I get the following:
Homepage
The following errors have occurred:
Claim number or password is incorrect.
29
Private parking tickets / Re: Received a court claim form for overstaying in a supermarket carpark
« on: August 19, 2024, 01:47:48 pm »All is good. You have the acknowledgement email and now your MCOL shows that the defence was received. The CNBC is overwhelmed and responses/actions can take much longer than expected.
There has even been spate of cases where they have simply lost the defence, assigned to a local court and told the defendant to simply resubmit their defence to the local court.
For now, you are waiting on a letter from the CNBC telling you that the claimant has been sent your defence and they will confirm whether they intend to continue. They normally include a copy of there N180 DQ which you just file for reference.
Keep checking your MCOL on a weekly basis to see when they send you your own N180 DQ. You can download one now ad complete it, ready to email to the court and the claimants solicitor when your MCOL says that yours has been sent (by post).
https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf
Patience is the order of the day.
Hiya,
I must be missing a trick but the page refreshed and now I cant seem to figure out how to get back to that MCOL page/site
When I google MCOL login, I get an option to make a claim. I follow those steps until it says "you can't use this service"
Another route I went was> https://www.moneyclaim.gov.uk/web/mcol/useradmin> Option under Individual is 'Register' but I already registered?
30
Private parking tickets / Re: Received a court claim form for overstaying in a supermarket carpark
« on: August 08, 2024, 11:27:56 am »When you emailed the defence/draft order, did you receive an auto-response email from the CNBC? What date did you email the defence?
If you didn’t receive any auto-response email, it means that the defence was not received. If so, do not resend what you sent, there is a slight modification to the defence and draft order which you can download here:
Short defence third person
Draft order for the short defence
Hi,
I sent the defence/draft order on the 24th of July and received an auto reply immediately from ClaimResponses.CNBC which reads as follows:
"Thank you for emailing the Claim Responses Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days
When sending us documents please ensure you comply with the Practice Direction 5B
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05/pd_part05b
Documents not complying will not be accepted, in particular if it is over 10MB or 25 printed pages in size."
This is what I see in MCO under Claim History:
Your acknowledgment of service was submitted on 24/07/2024 at 10:57:53
Your acknowledgment of service was received on 24/07/2024 at 14:05:08
Your defence was received on 29/07/2024
Am I in the right place or is there an action I should take?