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Messages - DontStandForNonsense

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31
This is all standard procedure. Nothing out of the ordinary and as expected.

Please confirm you sent the Short defence and the draft order as is.

You are now waiting for your own N180 DQ form. You can download one online and have it ready to send to the CNBC and the claimant once you receive notification on your MCOL history that one has been sent to you. It could be weeks.

What I expect will happen after that is that the claim will either be struck out or the claimant will receive the order from the case management judge and the claimant will either fail to fully comply with the order, claim struck out or they will discontinue.

In the highly unlikely case of the claimant being able to fully comply with the order, you will be given a suitable period to amend your defence. If it ever comes to that, we will cross that bridge as and when.

For now, check your MCOL for notification that your DQ has been sent.

Yes I sent the short defence exactly as instructed.
I just logged in to the MCOL and could only see the AOS unless I'm looking in the wrong place.

32
In short, settlement is for those willing to settle. You are, I assume, looking to pay £0. I definitely wouldn't speak to them on the phone, a phone call is worth as much as the paper it isn't written on.

Yes I really don't want to pay these people a thing.

33
Only edit the defence with your name, the claimants name (UK Parking Control Ltd) and the claim number. Do not edit the order. The allocating judge will put the date in. Attach that as is.

You can simply type your name for the signature so no need to actually print it.

Here is a Word version of the defence:

https://www.dropbox.com/scl/fi/7syvvf4oyzhhf8ivpm8l5/Short-defence.docx?rlkey=nt6872tcq0pru7t4y9ofef1x1&st=dp7w77hu&dl=0

Here is a pdf of the order:

https://www.dropbox.com/scl/fi/zgyll28jotx8hx7xv9ln6/short-defence-order-copy.pdf?rlkey=fa6lj4510zf0xk3d8klcmqcnl&st=61n54qfi&dl=0

Okay so a few days ago we received the acknowledgement for our defense (link to letter below), and then this morning received a letter of the claimants intention to proceed with the claim (also linked below). The letter where they inform us of their intent to proceed, is dated 31st of July and they give 7 days if we wish to discuss settlement. Odd that it should have been delivered to us on the last of the 7 days!

Anyway, I'd really appreciate guidance on next steps :)

https://photos.app.goo.gl/M9uPrSm4Yi1aCTWr6

https://photos.app.goo.gl/JLwz6ChQRsuv6kjA7

34
If you’ve been accessing the website in order to try and make payment, then you must have some relevant information such as the PCN number. That can only be from the NtD that was left on your windscreen or from a follow up NtK that was sent by post.

In stead of trying to waste your money trying to pay it, why don’t you log in as though to appeal it and see exactly what evidence they have. Download whatever there is and show us.

What time of day did this event happen? Was it daylight or dark out? Is the address in the V5C logbook up to date and correct?

I did access it before from the ticket itself but I don't think we received anything in the post from them. I'll have another hunt around. Maybe the browser has saved the login details if I attempt to open their site.

35
I've not had any follow-up letters as far as I know.

What do you think I should do?

37
Thank you both,

I sent both documents exactly as instructed to the email with references.

You made it idiot proof for me :) (required)

I just received an auto reply:

Quote
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.

If this gets cancelled, I promise to donate £50 to this site if it accepts donations?

39
Any tips on how to create a pdf file out of this? I'm so not computer literate beyond sending emails, typing documents and browsing emails and the internet.

40
This is total leaglese to me but it looks like you really know what you're on about :)

Forgive my ignorance but do I understand next steps correctly:

1. Edit the defence you posted to include my name, case number, claimant, signed and dated
2. Edit the order with
Save them as pdf files
3. Attached them in an email addressed to claimresponses.cnbc@justice.gov.uk
4. With the claim ref in the subject line and  'Please see attached defence and draft order for claim [claim number]' in the main body of the email
5. Only thing to edit in the order is to put the date of the 14th of August if I send it today (24 July)?

Will I receive any sort of confirmation or expect to receive a reply?

41
We need to see the PCN please.

I've looked everywhere for it and can't seem to find it. Am I screwed?

42
With a claim issue date of 12th July, you have until Wednesday 31st July to acknowledge service (AoS) of the claim. There is no advantage to delaying the AoS. However, by filing the AoS, you then have until 4pm on Wednesday 14th August to submit your defence.

You should have a read of the document in the link below on how to submit your AoS. Do not use the MCOL to submit your defence. That should be done as a PDF attachment to an email which will be advised once you have done the AoS.

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

There is a new "short" defence that should shorten the whole process and see this either discontinued or struck-out because the claimant has failed to follow the rules, namely CPR 16.4(1)(a).

AoS submitted and alarm set to warn before 14th of Aug.

43
Ok I sent the AoS as instructed and chose the option contest all - hope that was correct. Was worried the site might time before I receive further guidance.

44
Unless you accept you owe some of the money, you should be choosing to defend 'all' of the claim.

Well we were parked at the site and almost certainly stayed beyond what we did not know was the limit. I am assuming there would have been signage though we did not see or think to read them. It does seem very unreasonable to charge customers using the site, fines in this way, but I wonder if claiming I shouldn't pay anything would be seen as a weak argument. Or if I would be claiming the escalation of costs should be redacted due to not having sent me fines at any intermediary stages?

45
With a claim issue date of 12th July, you have until Wednesday 31st July to acknowledge service (AoS) of the claim. There is no advantage to delaying the AoS. However, by filing the AoS, you then have until 4pm on Wednesday 14th August to submit your defence.

You should have a read of the document in the link below on how to submit your AoS. Do not use the MCOL to submit your defence. That should be done as a PDF attachment to an email which will be advised once you have done the AoS.

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

There is a new "short" defence that should shorten the whole process and see this either discontinued or struck-out because the claimant has failed to follow the rules, namely CPR 16.4(1)(a).

Thank you for this. Based on my particular case, should I select defend 'all' or 'part' in the AoS?

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