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You must make sure you have provided us with, or confirmed, the name and number of the person who will be conducting the mediation appointment. If you have not done this, or need to update your telephone number, you should contact us using the details at the end of this letter no less than 5 working days before your mediation appointment. Failure to do so may result in your mediation appointment not taking place and may result in a Judge issuing a penalty where the mediation was mandatory.
Explaining your position. You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points.
If you've given a good reason (which you have) I imagine they will accommodate your request.
You will receive your own DQ and you will have to complete it and send it to both the court and DCB Legal. After that you will receive a date for a mediation phone call. You are required to "attend" the call but it is not part of the actual judicial process and does not involve any judge or solicitor. It is a complete waste of time in cases like this and you simply offer £0 and I tis over in minutes and has no bearing on the process.
Eventually the case will be allocated to your local county court and you'll receive a date for a hearing if the claim hasn't already been struck out. The claimant has to pay the £27 trial fee around a month before the hearing. They will discontinue before having to pay that fee.
If they don't and you are the only one out of thousands I will have seen that has to go all the way to a hearing, you'd have to make your Witness Statement and send it to the court no later than (usually) 14 days before the hearing.
When you receive your own N180 (make sure it is not simply a copy of the claimants N180), do not use the paper form. Ignore all the other forms that came with it. you can discard those.
If your MCOL says it has been sent but you haven’t received it yet, just download your DQ own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.
• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-optionThanks for the help with the form @b789, I have done exactly as you said and put down: “Central London County Court Thomas More Building Strand London WC2A 2LL I am in London so much that it's much easier for me than in Bristol.”
When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.As soon as you confirm regarding the court address I will do that. Do I need to send them anything else? Like my defence etc? or just the DQ form?
PN76007402: You say that you made representations both online and by post, do you have a screenshot of the confirmation page or an acknowledgment email confirming that you made representations?
Also I note you made a Subject Access Request for this PCN, correct me if I'm wrong but this is still outstanding so for all we know, it might be that the council did receive your representation and it's the Notice of Rejection that got lost in the post?Correct as per your suggestion I have asked them for a copy of the rejection. They said they would get back to me by 30th of January but nothing since. Even though they have provided the copies of the other request already. They did send me a letter saying to get in touch if I am struggling financially to repay it as they could help. I have posted a copy of that letter too.
PN62628875, PN62645400 & PN62647643: for these you really have nothing at all to worry about as the council is guilty of a gross delay in progressing the case, have a read of Paul Richard Davis v The Royal Borough of Kensington and Chelsea (1970198981, 30 March 1998)Understood, so I should complain to the council to have this registered with TEC. Once this is done I can appeal. Only way to really get this closed off?
Are you satisfied that the address they are using is the one you will use for service of documents? If not, you will need to respond and inform them that they need to use your other address for service. If not, then you can just wait for the actual N1SDT Claim Form to arrive.Yes it’s fine, I don’t mind if they go to London or Bristol one as long as they do get delivered... I am at both pretty much every other day so it’s no difference.
Additionally, the claimant’s bulk litigator, Moorside Legal, is known to issue claims that breach CPR 16.4(1)(a) by failing to include a clear statement of facts in the Particulars of Claim (PoC). Based on persuasive appeal case law, including CEL v Chan [2023] and CPMS v Akande [2024], it is highly likely that the first claim will be struck out at the allocation stage for failing to comply with CPR 16.4(1)(a). Therefore, it is expected that the first claim will not proceed to a hearing due to these procedural errors.I am happy and want to go with option 2 but I have to be honest, I would need a bit more hand holding throughout the process as I struggled to follow the detail. I understood that this could have been combined into 1 claim as they are basically the same allegation happening on 2 different dates. That alone will be my defence to struck the 2nd claim correct?
I note that the Ack receipt for your reps doesn't actually quote the PCN number, just an enquiry number. Is that true of the online Ack emails for the other PCNs?Yes this is true for the other 2. I submitted my defence for PN75748188, PN75748213 & PN76007402. These were then posted to them too. I have 3 different references for that and none of them refers to the actual PCN.
The V5c for your car was last updated 07/09/2021. So I would suggest that the Registered Keeper address was likely incorrect prior to Sept 2021 and this is why you did not receive any of the notices for these three PCNs.I requested a copy of these PCNs as per advice from @cp8759 and the address they had on file was indeed incorrect. I am not sure how this happened as I have been there since 2012 and because everything else is correct (first line, city and postcode) except the house number. It should be 39 but it’s 33. So, they sent this to a wrong address.
PN76007402The post office receipt suggests you sent three separate letters in three separate envelopes. Royal Mail used to be 99.97% reliable back in the day, but that all stopped with Covid and they never really recovered, see https://www.bbc.co.uk/news/articles/cp8nkj2k237o and https://www.thecomet.net/news/24098443.anger-rogue-postman-dumped-peoples-letters/ and https://forums.moneysavingexpert.com/discussion/6513571/postman-sacked (I'm sure there's many more).
Why wouldn’t the council get my representations? I posted all 3 together and they responded to the first two.
So, we'll never know why but for whatever reason one of the three envelopes was never received, it is what it is.
As for the Order for Recovery, you could just rely on the Royal Mail delivering it, but if the postie throws it in a hedge you then have a real problem.
You don't need to call TEC, just check the amount on the council website every couple of weeks, once the penalty goes up from £195 to £205 you know that the debt has been registered.
For PN62628875, PN62645400 & PN62647643 you could raise a formal complaint on the grounds of undue delay using the complaint form here: https://www.newham.gov.uk/contact-information/make-complaint/2
If you go down the complaint route you need to make it very clear that you're not complaining about the PCNs or asking them to cancel them, you're only complaining about the undue delay in the council following the statutory process, and make it clear that all you want them to do is carry on with the next statutory step i.e. register the debt with TEC. Maybe post a draft on here first.
@correcthaunt for PN76007402 obviously the council never received your representations. You send a representation by post, that was obviously a mistake: anything you send by post gets scanned into the computer and the paper copy is immediately shredded, so it's a massive waste of time. If you make a representation online it goes directly into the council computer, so as well as being immediate, cheaper and more environmentally friendly you avoid the risk of postal issue. You now for next time. For now, all you can do is wait for the debt to be registered.
For this PCN, follows the process outlined here: https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-l-1805/
For PN62628875, PN62645400, PN62647643, there's nothing you can do aside from waiting for the debt to be registered with TEC. Follow the process outlined here: https://www.ftla.uk/announcements/charge-certificates-london-local-authorities-and-tfl-act-2003-london-local-autho/
By law statutory declarations can be done at either the County Court or the Magistrates' Court, but the County Court will be easier because they do it all the time, the staff at the Magistrates' Court might have no idea how the process works so it's not really worth the hassle of having to deal with them. As an alternative, any high street solicitor will normally do this for around £10 / £15.
Once you've made the statutory declarations let me know, but do not submit them before the debt is registered with TEC or they'll just get rejected.