Free Traffic Legal Advice

Phew!! Now that's a huge relief. For a moment there, I thought I might have handed them a technical KO.

She's a scatterbrain who can lose an elephant in a closet. Sorry, but that's the hand that I (and by extension you too) have been dealt with.

You may wish to impress upon her the importance of this matter. Whilst a discontinuation is very likely if she carries on with the process, she should continue to meet any and all deadlines before such time as they do actually discontinue, and deal with any paperwork promptly.

Don’t submit the DQ until your MCOL history shows that they have issued yours. They don’t like receiving them before they’re ready for it.

Continue to ignore DCBL. You only need to deal with DCB Legal correspondence unless it’s an offer to settle, in which case ignore that too. They’ll discontinue eventually.

Not sure how to answer this question:

D. Suitability for determination without a hearing
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?

If I answer NO, I'm required to state why.

You do not want a claim to be heard on papers. Just put this as your reason:

I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.

Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.

The DQ is expected to be returned within 14 days of service. As it was issued on 5th November, it is deemed served on Monday 11th November which means you have until Monday 25th November to submit it. Stop panicking and rushing!

When you've completed your N180DQ, you need to send it as a PDF attachment in a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself.

Yes - she's the person being sued so she's the one who needs to be signing paperwork etc.

I had been working on the assumption that things were being submitted in the defendant's name already. There is no "we" in these matters.

You are dealing with the court. A McKenzie Friend has no right to act on behalf of a Litigant in Person (LiP). He may not act as the LIP’s agent in relation to the proceedings nor manage the case outside court, for example, by signing court documents.
 
A McKenzie Friend is not entitled to address the court, nor examine any witnesses. However, in exceptional circumstances, a judge may grant a McKenzie Friend what is termed “right of audience” in a particular case. The McKenzie Friend would then be allowed to address the court and conduct the litigant’s case for him, as a solicitor or barrister would normally do. Do you have this permission from the court?

You cannot act as the litigants’ agent in relation to the proceedings. You cannot manage litigants’ cases outside court, for example by signing court documents. You cannot address the court, make oral submissions or examine witnesses.

Whatever happened when you dealt with a previous PCN, it is irrelevant to this case. You did not inform us that you were acting on behalf of someone else. You can do all the work but everything must be in the defendants name. You obviously have not done that.

Because of this, the claim now stands undefended and the defence MUST be re-submitted immediately in the defendants name. There is a huge risk of the defendant getting CCJ by default because of this error. Simply edit the defence to reflect the defendants name and signature and resubmit it by email as previously advised. The CNBC have thrown a lifeline by giving the defendant until the 22nd November to re-submit the defence and the DQ.

I suggest this is done immediately.