3. Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
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Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
« Reply #30 on: »
That response is a boilerplate and normal.

You now wait to see what response NTC make through BW Legal. I doubt that the claim would be discontinued at this stage. They will likely acknowledge that their client intends to proceed and then you will receive a Directions Questionnaire (DQ). Once that has been processed, you will be given a date for a telephone mediation which is a waste of time but you are required to "attend" the call. It is not part of the judicial process and there is no judge or solicitor involved. You simply offer £0 and it is over in minutes.

After that, the case is sent to your local county court where a case management judge will review it. At that point the judge will order one of several things... the claim is struck out, the claimant is to submit further PoC (and then give you the option of submitting an amended defence) or will allocate a hearing date with deadlines for Witness Statement (WS) submissions. The claimant can still discontinue at any point up to the hearing date.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
« Reply #31 on: »
Directions Questionnaire now received - I assume that I download the digital copy and email it to the court in the same way as I did my defence.  Given the lack of any email address for BW Legal, I assume I'll have to serve a copy on them by post?

Most of the form seem self-explanatory/fact-based.  For the other bits and pieces I assume the following answers are correct:

Agree with small claims track? Yes
Determination without hearing? No - state factual disputes and procedural errors by claimant as the reasoning?
Hearing venue - local court
Expert evidence - no
Witnesses - 1 (me)

Am I on the right lines here?

Thanks!
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Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
« Reply #32 on: »
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:

• The name of the court is "Civil National Business Centre".

• To be completed by "Your full name" and you are the "Defendant".

• C1: "YES"

• D1: "NO". 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.."

• F1: Whichever is your nearest county court. Use this to find it: https://www.find-court-tribunal.service.gov.uk/search-option

• F3: "1".

• Sign the form by simply typing your full name for the signature.

When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and enquiries@gladstonessolicitors.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
« Reply #33 on: »
Quote from: b789 on February 26, 2025, 01:31:29 pm
When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and enquiries@gladstonessolicitors.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.

Thanks b789.

The solicitors here are BW Legal rather than Gladstones.  I've sent emails before to disputeresolution@bwlegal.co.uk and enquiries@bwlegal.co.uk, and have received stock responses from a no-reply essentially saying "we've got your email, but we won't respond unless you use our portal".  Am I okay to serve to these addresses, or should I make absolutely sure by posting a copy of my responses?
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Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
« Reply #34 on: »
It's up to you. If you can use their portal, then just use that if it allows you to upload documents. It's not really worth getting too bothered about. If you want belt and braces, just send a copy by snail mail first class with a free certificate of posting from any post office and it is deemed delivered two working days later.

THe N180 DQ is only an administrative form for the court and serving on the claimant will not make any difference. In a claim, anything served to the court has to be copied in to the claimant.
« Last Edit: February 26, 2025, 01:42:28 pm by b789 »
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
« Reply #35 on: »
BW Legal's DQ received by post today.  Two observations arising:

At Section F3 they have stated that nobody will be giving evidence for the claimant at the hearing.  This seems a little odd; does it suggest that, even now, they are planning to discontinue or not attend?

Alongside the DQ I received a covering letter containing the usual misrepresentations about CCJs, alongside yet another offer to settle.  Now that the matter has gone legal, and the covering letter was sent alongside court documents, does a deliberate misrepresentation of the process such as this constitute any sort of misconduct on their part?
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Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
« Reply #36 on: »
Quote from: Snudge88 on February 28, 2025, 03:32:33 pm
At Section F3 they have stated that nobody will be giving evidence for the claimant at the hearing.  This seems a little odd; does it suggest that, even now, they are planning to discontinue or not attend?
This just means that Norwich Traffic Control will not be sending a witness to any hearing (if it gets that far) and will be relying on written witness statements and their lawyer on the day.

Quote from: Snudge88 on February 28, 2025, 03:32:33 pm
Alongside the DQ I received a covering letter containing the usual misrepresentations about CCJs, alongside yet another offer to settle.  Now that the matter has gone legal, and the covering letter was sent alongside court documents, does a deliberate misrepresentation of the process such as this constitute any sort of misconduct on their part?
It's impossible to comment on the contents of their letter without seeing it.
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Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
« Reply #37 on: »
Mediation appointment advised for 27th March.  Looking at previous discussions about the approach to take, I'll offer £0, get it wrapped up quickly, and make a formal complaint if the mediator says anything aimed at trying to change my position.

I'll report back once directions are received, or the matter is discontinued.
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Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
« Reply #38 on: »
Update on mediation...

Made the offer of £0 - mediator initially wasn't even going to put the offer to NTC ("What I'll do now is mark the mediation as failed...").  When I pressed her to put the offer to NTC, she tried to offer her opinion on it ("I can, but I can tell you now that I don't think they'll accept it...").

What's the process for complaining about the conduct of the mediator, please?
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Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
« Reply #39 on: »
I wouldn't worry about it. Anything the mediator says, such as "What I'll do now is mark the mediation as failed..." is irrelevant. It is for their own internal audit process and is confidential. The court will not know anything about the mediation.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
« Reply #40 on: »
Hi all

Following the failed mediation, I've received the following letter from BWLegal in response to my defence.  Am I correct in thinking that, at this stage, I need do nothing else until directions are issued?





First two pages only.  Pages 3 onwards are some guff about instalment plans, copies of correspondence to date, and photographs of the vehicle.
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Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
« Reply #41 on: »
It’s a tactical letter, often used:

• To appear authoritative, reasserting their narrative.
• To intimidate or pressure you into settling.
• To pre-emptively neutralise your defence points before formal evidence exchange.
• To try to fill in the gaps of their defective PoC without formally amending it (which they cannot do without permission after DQ stage).

It also helps them later say, “We tried to resolve this reasonably,” even if the content is largely boilerplate and evasive. It may be useful later to show the court that they failed to engage properly with your PoFA arguments pre-litigation, reinforcing a CPR 27.14(2)(g) unreasonable conduct costs argument.

You do not need to respond to it now. If they try to rely on points in this letter at trial without having included them in their WS, you can object on the basis of ambush and procedural unfairness.

Let us know when this has been allocated to your local court and show us any orders made by the allocation judge.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
« Reply #42 on: »
I've received a short letter from CNBC today., dated 3rd April:

"This claim has been transferred to the County Court at St Helens for allocation.  On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions.  Details of the judge's decision will be sent to you in a notice of allocation."

Is this just a stage in the process that will result in the claim ending up at my local court, as per my N180 request, or does this now need input from me?  St Helens seems a strange choice if this is where it is to be heard, given that it is nether local to me nor the claimant.
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Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
« Reply #43 on: »
This is an administrative error by the CNBC. You now have to send two urgent email/letters to both the CNBC and the other court.

Send the following to CaseProgression.CNBC@justice.gov.uk and CC in yourself and include a copy of your completed DQ:

Quote
Dear Sir/Madam,

Re: Norwich Traffic Control Ltd v [Defendant] – Claim No. [XXXXXXXX]

I am the Defendant in this matter. I have received a Notice stating that the claim has been transferred to St Helens County Court for allocation. However, this is not my local court, and I did not request it.

In my Directions Questionnaire (N180), I specified that my preferred hearing venue was [insert name of local county court], which is nearest to my home.

This appears to be an administrative error. I respectfully request that the case be re-allocated to [Local County Court], in accordance with CPR 26.2A(2) and the overriding objective.

Please confirm the correction and confirm that no allocation or directions will proceed from St Helens in the meantime.

Yours faithfully, 

[Full Name] 
[Address] 
[Email / Phone]

And send the following to civil.sthelens.countycourt@justice.gov.uk (or you can try enquiries.sthelens.countycourt@justice.gov.uk) and also CC yourself:

Quote
Subject: Incorrect Transfer – Claim No. XXXXXXXX

Dear Court Manager,

I am the Defendant in this matter. I have been informed that the case has been transferred to St Helens County Court. However, this appears to be an administrative error, as my N180 Directions Questionnaire clearly requested my local court: [insert local court].

I have written to the Civil National Business Centre (CNCB) to request correction. Kindly place a note on the file and suspend any further action until the CNCB has confirmed the appropriate court venue.

Yours faithfully,

[Defendant's Name]
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Norwich Traffic Control PCN - Unauthorised Parking - St Anne's Quarter, Norwich
« Reply #44 on: »
Thanks b789 - both emails sent.
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