Author Topic: Actual Court Papers Received  (Read 2605 times)

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dave-o

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Re: Actual Court Papers Received
« Reply #60 on: January 31, 2024, 11:01:36 am »
OK thanks and sorry for any misunderstanding!

Just to confirm, the document above (dated Oct 2022) was definitely received last week, and was definitely sent from the County Court.  So what is going on and how should I proceed please?

Especially considering the recent update on the MCOL timeline:

Case Stay Lifted on 24/01/2024

DQ sent to you on 24/01/2024

DQ filed by claimant on 24/01/2024

Thanks

b789

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Re: Actual Court Papers Received
« Reply #61 on: January 31, 2024, 03:21:27 pm »
I would suggest you call the CNBC at 0830 in the morning and ask them why they have resent a claim form that has already been acknowledged and a defence submitted. It is unusual that they should do this, especially if it is only because the stay has been lifted.

In the meantime, the OP needs to download their own N180 here: https://assets.publishing.service.gov.uk/media/65200dcf244f8e000d8e7183/N180_1023.pdf

Complete it and email it as a PDF attachment to ccbcaq@justice.gov. Importantly, also address it to DCB Legal and cc it to yourself. This way, you have complied with the requirement to include the claimants solicitor and you also receive a copy. No one can later turn around and say it was not received. However, you should receive an auto-acknowledgement from the CNBC almost immediately.

The OP mentioned a "DCP 26.3" request to have it transferred to their local court. I don't know what a "DCP 26.3" is but it is not necessary. Even if the OP does not fill in the section of the N180 for a court location, the CNBC will allocate it to a local court anyway.
« Last Edit: January 31, 2024, 03:24:19 pm by b789 »

b789

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Re: Actual Court Papers Received
« Reply #62 on: January 31, 2024, 03:46:45 pm »
On the form, "In the" can be left blank.

"Claim No." is self explanatory.

"To be completed by" and then your name.

You are the "1st" "Defendant".

A1 should be "No" as you do not want mediation. It is a waste of everyones time in a parking case.

C1 is "Yes".

D1 is "No" and put the following in the box:

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 all these years of 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.

If you are filling in the form using a PDF editor, if you use Arial font at 9pt, it will all fit in the text box.

E1 is your local county court or wherever you prefer to have the claim heard. https://www.find-court-tribunal.service.gov.uk/search-option

E2 "No" unless you do have an "expert witness".

E3 "1" unless you have additional "witnesses".

E4 is self explanatory. If you do have any dates, make sure you block them out with padded days either side.

The rest is self explanatory and you sign the form as "1st" "Defendant".

dave-o

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Re: Actual Court Papers Received
« Reply #63 on: February 02, 2024, 08:44:13 am »
Thank you for your advice, I will follow it.

dave-o

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Re: Actual Court Papers Received
« Reply #64 on: February 05, 2024, 10:27:26 am »
I would suggest you call the CNBC at 0830 in the morning and ask them why they have resent a claim form that has already been acknowledged and a defence submitted. It is unusual that they should do this, especially if it is only because the stay has been lifted.

In the meantime, the OP needs to download their own N180 here: https://assets.publishing.service.gov.uk/media/65200dcf244f8e000d8e7183/N180_1023.pdf

Complete it and email it as a PDF attachment to ccbcaq@justice.gov. Importantly, also address it to DCB Legal and cc it to yourself. This way, you have complied with the requirement to include the claimants solicitor and you also receive a copy. No one can later turn around and say it was not received. However, you should receive an auto-acknowledgement from the CNBC almost immediately.

The OP mentioned a "DCP 26.3" request to have it transferred to their local court. I don't know what a "DCP 26.3" is but it is not necessary. Even if the OP does not fill in the section of the N180 for a court location, the CNBC will allocate it to a local court anyway.

Hi, the email, address you stated gives this error:

The address you sent your message to wasn't found at the destination domain

Was this a typo or is there another way to submit it?  Should it be .gov.uk?

DWMB2

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dave-o

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Re: Actual Court Papers Received
« Reply #66 on: February 05, 2024, 11:30:23 am »
That's submitted (and copied).  Will it show up on the MCOL timeline at some point?

I have tried calling twice (between 8:30 and 9:00) but have been on hold for more than 30 mins, is there a much point in speaking to them now the N180 has been submitted?

b789

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Re: Actual Court Papers Received
« Reply #67 on: February 05, 2024, 11:40:24 am »
Apologies for forgetting to add the .uk to the ccbcaq.gov.uk email address.

Did you get an auto-response from the CNBC? It should come immediately after you send it. Also, did you address it to the claimants solicitor and cc in yourself?

I think you still want to know why the CNBC have resent you an out of date claim form.

dave-o

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Re: Actual Court Papers Received
« Reply #68 on: February 05, 2024, 01:32:16 pm »
I did get an acknowledgement titled "AUTO RESPONSE DO NOT REPLY - CCBC AQ Acknowledgment"

The opening para does state:

Thank you for your email which may be in relation to delays you have experienced with our service. I am sorry to hear you are unhappy with the service provided by us......

So hopefully this is standard and it doesn't think this is a complaint?

b789

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Re: Actual Court Papers Received
« Reply #69 on: February 05, 2024, 01:45:06 pm »
As long as your email triggered an auto-response, it means that the CNBC has received it.

dave-o

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Re: Actual Court Papers Received
« Reply #70 on: February 05, 2024, 03:54:15 pm »
Thanks, and will it show up on MCOL soon?

b789

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Re: Actual Court Papers Received
« Reply #71 on: February 05, 2024, 03:57:37 pm »
It can take quite a while to show up on MCOL. Weeks or more. Your auto-response email from the CNBC together with your CC of the meal you sent are proof that you sent it.