3. OLD Unpaid Parking - Post POPLA Appeal - Notice of Debt Recovery - Nov 2020
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Re: OLD Unpaid Parking - Post POPLA Appeal - Notice of Debt Recovery - Nov 2020
« Reply #15 on: »
As expected. You are now waiting for the claimant to confirm that they intend to continue with the claim.
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Re: OLD Unpaid Parking - Post POPLA Appeal - Notice of Debt Recovery - Nov 2020
« Reply #16 on: »
Thanks for your support so far... very much appreciated.

To keep things up to date on this thread, here's a copy of the Acknowledgement of Defense



Cheers

Tim
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Re: OLD Unpaid Parking - Post POPLA Appeal - Notice of Debt Recovery - Nov 2020
« Reply #17 on: »
Hi All,

I've received a response to the defense of the claim as follows:

Quote
Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

They also attached a 'Directions questionnaire' (attached)

Please advise if there is anything I need do at this stage?

Many thanks.

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Re: OLD Unpaid Parking - Post POPLA Appeal - Notice of Debt Recovery - Nov 2020
« Reply #18 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 info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
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Re: OLD Unpaid Parking - Post POPLA Appeal - Notice of Debt Recovery - Nov 2020
« Reply #19 on: »
Many thanks b789. I have completed and emailed the directions questionnaire and received an automated response from DQ.CNBC@justice.gov.uk
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Re: OLD Unpaid Parking - Post POPLA Appeal - Notice of Debt Recovery - Nov 2020
« Reply #20 on: »
Hi All,  a couple of things have happened this week.
  • I received a 'Notice of Proposed Allocation to the Small Claims Track' letter.
  • I received  a Mediation Appointment Confirmation email

I've posted both of these below but only partial amount of the email as it was quite long and a lot of default info, but please let me know if you'd like to see the whole thing.

Looking at other threads in the forum, I gather I should, at the mediation...
Quote
Just say if asked about your defence or position that you have set out the basis of your defence in writing, and the claimant is in receipt of a copy. You stand by it's contents, do not believe you owe the claimant anything, and you are therefore not prepared to offer more than £0 in return for the claim being discontinued.

Notice of Proposed Allocation to the Small Claims Track


Mediation Appointment Confirmation email (Partial)


Many thanks for your continued support!
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Re: OLD Unpaid Parking - Post POPLA Appeal - Notice of Debt Recovery - Nov 2020
« Reply #21 on: »
Please just search for very recent "mediation" posts on the forum. It is not part of the judicial process. You have to "attend" the call and you offer £0. It is a waste of time and is over in 5 minutes.

As for the allocation:

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 info@dcblegal.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: OLD Unpaid Parking - Post POPLA Appeal - Notice of Debt Recovery - Nov 2020
« Reply #22 on: »
Thanks b789, I've already downloaded and emailed my own N180 to DQ.CNBC@justice.gov.uk

...so now just attend the mediation, offer nothing and wait for the claim to be discontinued?
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Re: OLD Unpaid Parking - Post POPLA Appeal - Notice of Debt Recovery - Nov 2020
« Reply #23 on: »
Quick FYI to up date this thread. I've just got off the Mediation call, who was a very nice chap by the way, where I was offered 3 options.

  • Offer nothing and stand my ground
  • Offer to pay the full claim
  • Offer to some of the claim

I chose door number 1 and said I'm willing to see them in court.

I'll now wait for the claim to be discontinued
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Re: OLD Unpaid Parking - Post POPLA Appeal - Notice of Debt Recovery - Nov 2020
« Reply #24 on: »
Before discontinuation, the claim will be allocated to your local county court where further directions will be issued by a procedural judge. Let us know when that happens.
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Re: OLD Unpaid Parking - Post POPLA Appeal - Notice of Debt Recovery - Nov 2020
« Reply #25 on: »
Hey team, This has now been transferred to my local court as expected.



Is there anything I should do at this point?
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Re: OLD Unpaid Parking - Post POPLA Appeal - Notice of Debt Recovery - Nov 2020
« Reply #26 on: »
Wait for the directions order. It will set a court hearing date and deadlines for submission of Witness Statements but also, critically, a deadline for the claimant to pay the court fee which normally precedes these.

You then put a note in your diary to check with the court on the day following the payment deadline whether or not the fee has been paid, if you have not by then been notified of the discontinuance of the case.

DCB Legal normally discontinue before the deadline. It’s their standard tactic to frighten people into paying until they have to spend money on the case.
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  3. OLD Unpaid Parking - Post POPLA Appeal - Notice of Debt Recovery - Nov 2020