Free Traffic Legal Advice

Sorry so I leave that in?

Thank you I have replied to them now. 

They won't have given up but they have 6 years from the date of the alleged contravention to submit a claim. Just get on with your life and worry about anything when it comes.

Morning,

They have ignored the previous email you advised to send and today we received in the post a claim form from the county court, what are my next steps and do you need me to upload any of the paper work? Also the original letter said £480 and now it is showing as £704.34 pluss court fees £844.34 not sure how they have added 224.34 Thank you

Yes, post the N1SDT form, do not obscure any dates.

If you’re not sure, post it, but no need to post blank forms.

With an issue date of 9th July, you have until 4pm on Monday 28th July to submit your defence. If you submit an Acknowledgement of Service (AoS) before then, you would then have until 4pm on Monday 11th August to submit your defence.

If you want to submit an AoS then follow the instructions in this linked PDF:

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

Otherwise, here is the defence and link to the draft order that goes with it. You only need to edit your name and the claim number. You sign the defence by typing your full name for the signature and date it. There is nothing to edit in the draft order.

When you're ready you combine both documents as a single PDF attachment and send as an attachment in an email to claimresponses.cnbc@justice.gov.uk and CC in yourself. The claim number must be in the email subject field and in the body of the email just put: "Please find attached the defence and draft order in the matter of [claimant] v [your full name] Claim no.: [claim number]."

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

[Claimant]
Claimant

- and -

[Defendant's Full Name]

Defendant

---

DEFENCE

1. The Defendant denies the claim in its entirety. The Defendant asserts that there is no liability to the Claimant and that no debt is owed. The claim is without merit and does not adequately disclose any comprehensible cause of action.

2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4.

3. The Defendant is unable to plead properly to the PoC because:

(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16.7.3(1);

(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;

(c) The PoC do not adequately set out the reason (or reasons) why the claimant asserts the defendant has breached the contract (or contracts)

(d) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;

(e) The PoC do not state precisely how the sum claimed is calculated, including the basis for any statutory interest, damages, or other charges;

(f) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(g) The PoC do not provide clarity on whether the Defendant is sued as the driver or the keeper of the vehicle, as the claimant cannot plead alternative causes of action without specificity.

4. The Defendant attaches to this defence a copy of a draft order approved by a district judge at another court. The court struck out the claim of its own initiative after determining that the Particulars of Claim failed to comply with CPR 16.4. The judge noted that the claimant had failed to:

(i) Set out the exact wording of the clause (or clauses) of the terms and conditions relied upon;

(ii) Adequately explain the reasons why the defendant was allegedly in breach of contract;

(iii) Provide separate, detailed Particulars of Claim as permitted under CPR PD 7C.5.2(2).

(iv) The court further observed that, given the modest sum claimed, requiring further case management steps would be disproportionate and contrary to the overriding objective. Accordingly, the judge struck out the claim outright rather than permitting an amendment.

5. The Defendant submits that the same reasoning applies in this case and invites the court to adopt a similar approach by striking out the claim for the Claimant’s failure to comply with CPR 16.4.

Statement of truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:


Date:

Draft Order for the defence

Only you know what is best for you. Once the defence is submitted, the CNBC will send a copy to the claimant. Once the claimant has received the defence, DCB Legal will write to you confirming that their client intends to proceed and they'll include a copy of their N180 DQ form for your records. You will need to download and complete your own N180 DQ and send it to the CNBC and copy in DCB Legal.

This will take a few weeks most likely. Once the DQs are submitted, you will receive a telephone appointment for mediation. this is not part of the judicial process and no judge is involved but you must 'attend' the call. It's a complete waste of time and all you do is offer £0 and it is over in minutes.

You can check your MCOL history for when your own DQ has been sent and simply complete yours online and email it. You can do that from anywhere in the world as long as you have internet access.

When the time comes for completing the DQ, just follow these instructions:

Having received 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. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.

https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdf

Here are the answers to some of the less obvious questions:


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.

For now just send the defence and draft order as advised.

There is no reason to delay submitting the N180DQ. You do that by email as advised.

Have another read of the instructions for the mediation phone call. I believe it says you can nominate someone to take the call for you. Also, you can put in the N180 that the defendant is not available on any Tuesday or Thursday or whatever.

It's not rocket science. However, for the mediation cal, here is some advice for whoever takes the call:

For the mediation call, the only requirement is for you "attend" the call. It is not part of the judicial process and no judge is involved.

This is what I advise you to say when you receive the call from the mediator:

“Before I set out my position, please confirm from the claimant’s side:

• the full name of the person attending for them;
• their role/position at their legal representative’s firm; and
• whether they hold written authority to negotiate and settle today.

Please relay that back to me before we continue.”

After the mediator calls back...

If identified and authority confirmed:

“Thank you. I’m content to proceed on that basis. My settlement offer is £0, or I invite the claimant to discontinue with no order as to costs.”

If no/unclear authority:

“Please record that the claimant’s attendee has not confirmed settlement authority. My position remains that liability is denied and my offer is £0, subject to prompt approval by an authorised solicitor if they choose to discontinue.”

All you need to know is the name and the position of the person acting for the claimant and report that back to us. It will be over within minutes. Complete waste of time otherwise.