Author Topic: New court claim issued - 28th Aug  (Read 311 times)

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DWMB2

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Re: New court claim issued - 28th Aug
« Reply #15 on: September 06, 2024, 03:29:03 pm »
I used our friend ChatGPT
I say this in the spirit of helping you... I think you need to be careful how much you rely on ChatGPT. I just asked it how many times the letter 'r' appears in 'strawberry':



If it can't count how many times a letter appears in a word, I'm not sure I'd trust it to offer me legal advice when I was being sued.

b789

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Re: New court claim issued - 28th Aug
« Reply #16 on: September 06, 2024, 03:32:23 pm »
Do you know the date interest is calculated from? Interest isn't calculated from the date of the issue of the PCN. Interest is calculated from the "past due" date of the PCN. Do you know when that date was? Have you calculated the interest on the principal sum or on the total sum which includes debt recovery fees and or damages.

Based solely on the information in the PoC, how on earth can you calculate anything? The PoC state that the PCN was issued on x/x/xx. No it wasn't. The PCN was issued after they applied for the Keeper data from the DVLA.

What does PoFA 9(4)(5) say about the charge?

Stop using ChatGPT as though it is infallible. It is very error prone when it comes to doing a simple comparison to things, especially when it cones to UK law.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

cm790

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Re: New court claim issued - 28th Aug
« Reply #17 on: September 06, 2024, 03:57:28 pm »
OP, have the PoC disappeared?

Sorry, I redacted the bits I had missed and couldn't update the link.

Here it is:


cm790

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Re: New court claim issued - 28th Aug
« Reply #18 on: September 11, 2024, 06:40:53 pm »
Do you know the date interest is calculated from? Interest isn't calculated from the date of the issue of the PCN. Interest is calculated from the "past due" date of the PCN. Do you know when that date was? Have you calculated the interest on the principal sum or on the total sum which includes debt recovery fees and or damages.

Based solely on the information in the PoC, how on earth can you calculate anything? The PoC state that the PCN was issued on x/x/xx. No it wasn't. The PCN was issued after they applied for the Keeper data from the DVLA.

What does PoFA 9(4)(5) say about the charge?

Stop using ChatGPT as though it is infallible. It is very error prone when it comes to doing a simple comparison to things, especially when it cones to UK law.

Having read what you've attached and what you've written here, I understand what you're explaining now. Thank you for taking the time to provide the advice.

I will get the defence signed.

I'm going away from 19th - 29th Sept so I won't have access to emails during that time.

Based on that, what would be the ideal date to send the defence?

b789

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Re: New court claim issued - 28th Aug
« Reply #19 on: September 11, 2024, 06:49:00 pm »
As long as you don't miss the deadline to email the defence, it doesn't really matter. The next step after submitting the defence is the N180 DQ which doesn't happen for several weeks at least.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

cm790

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Re: New court claim issued - 28th Aug
« Reply #20 on: September 15, 2024, 05:56:35 pm »
I have submitted the defence and draft order. I'll come back to this when there is a response, thanks again.

cm790

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Re: New court claim issued - 28th Aug
« Reply #21 on: October 01, 2024, 06:38:40 pm »
I received a response dated 24th September stating that the client wishes to proceed with the claim.

b789

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Re: New court claim issued - 28th Aug
« Reply #22 on: October 01, 2024, 06:45:23 pm »
Perfectly normal and to be expected. Wait for your own N180 DQ to be sent. You can check on the MCOL history when yours is being sent. In the meantime download your own from here:

https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf

You can complete is and when you see yours has been sent by the CNBC in your MCOL history, send your already completed form (signed electronically by simply typing you name for the signature) as a PDF attachment in an email addressed to dq.cnbd@justice.gov.uk AND info@dcblegal.co.uk AND CC in yourself. Make sure that your claim number is in the  email subject line.

Don't sent it before you see that your's has been notified as sent by the CNBC in MCOL. The version they send you is a paper form by post.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

cm790

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Re: New court claim issued - 28th Aug
« Reply #23 on: October 04, 2024, 11:23:55 am »
Perfectly normal and to be expected. Wait for your own N180 DQ to be sent. You can check on the MCOL history when yours is being sent. In the meantime download your own from here:

https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf

You can complete is and when you see yours has been sent by the CNBC in your MCOL history, send your already completed form (signed electronically by simply typing you name for the signature) as a PDF attachment in an email addressed to dq.cnbd@justice.gov.uk AND info@dcblegal.co.uk AND CC in yourself. Make sure that your claim number is in the  email subject line.

Don't sent it before you see that your's has been notified as sent by the CNBC in MCOL. The version they send you is a paper form by post.

Thanks for this, is there guidance to complete the N180?

DWMB2

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Re: New court claim issued - 28th Aug
« Reply #24 on: October 04, 2024, 11:39:36 am »
Most of it is your personal details/preferences, so we can't provide any guidance on that, but some common ones:

  • 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? Generally advice is to say 'no' - I've included below some suggested wording that @b789 has recommended in the past for answering the 'why'
  • F1 - At which County Court hearing centre would you prefer the small claims hearing to take place and why? - People usually select their nearest court, but you can choose any you want
  • F3 - How many witnesses, including yourself, will give evidence on your behalf at the hearing? - 1, unless anyone other than yourself will be giving evidence

Quote
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 intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.  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.
« Last Edit: October 04, 2024, 11:42:43 am by DWMB2 »
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b789

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Re: New court claim issued - 28th Aug
« Reply #25 on: October 04, 2024, 12:39:57 pm »

Quote
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 intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.  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.

You can cut it down even further by leaving out the last bit.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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cm790

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Re: New court claim issued - 28th Aug
« Reply #26 on: October 06, 2024, 04:44:52 pm »
Perfectly normal and to be expected. Wait for your own N180 DQ to be sent. You can check on the MCOL history when yours is being sent. In the meantime download your own from here:

https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf

You can complete is and when you see yours has been sent by the CNBC in your MCOL history, send your already completed form (signed electronically by simply typing you name for the signature) as a PDF attachment in an email addressed to dq.cnbd@justice.gov.uk AND info@dcblegal.co.uk AND CC in yourself. Make sure that your claim number is in the  email subject line.

Don't sent it before you see that your's has been notified as sent by the CNBC in MCOL. The version they send you is a paper form by post.

Do you know how long it takes for them to send the N180 DQ? I have checked today and there's no new update since 19/09.

b789

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Re: New court claim issued - 28th Aug
« Reply #27 on: October 06, 2024, 04:48:41 pm »
It can take many weeks. just keep checking once a week on MCOL to see if it's been updated with the date your DQ was sent. As soon as you see that it has, fire yours off.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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cm790

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Re: New court claim issued - 28th Aug
« Reply #28 on: October 06, 2024, 04:49:30 pm »
Perfectly normal and to be expected. Wait for your own N180 DQ to be sent. You can check on the MCOL history when yours is being sent. In the meantime download your own from here:

https://assets.publishing.service.gov.uk/media/66a8b019ce1fd0da7b592f43/N180_0724.pdf

You can complete is and when you see yours has been sent by the CNBC in your MCOL history, send your already completed form (signed electronically by simply typing you name for the signature) as a PDF attachment in an email addressed to dq.cnbd@justice.gov.uk AND info@dcblegal.co.uk AND CC in yourself. Make sure that your claim number is in the  email subject line.

Don't sent it before you see that your's has been notified as sent by the CNBC in MCOL. The version they send you is a paper form by post.

Do you know how long it takes for them to send the N180 DQ? I have checked today and there's no new update since 19/09.

Will do, thanks for your help again.