Author Topic: Received a court claim form for overstaying in a supermarket carpark  (Read 1245 times)

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DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #30 on: August 07, 2024, 08:48:11 am »
This is all standard procedure. Nothing out of the ordinary and as expected.

Please confirm you sent the Short defence and the draft order as is.

You are now waiting for your own N180 DQ form. You can download one online and have it ready to send to the CNBC and the claimant once you receive notification on your MCOL history that one has been sent to you. It could be weeks.

What I expect will happen after that is that the claim will either be struck out or the claimant will receive the order from the case management judge and the claimant will either fail to fully comply with the order, claim struck out or they will discontinue.

In the highly unlikely case of the claimant being able to fully comply with the order, you will be given a suitable period to amend your defence. If it ever comes to that, we will cross that bridge as and when.

For now, check your MCOL for notification that your DQ has been sent.

Yes I sent the short defence exactly as instructed.
I just logged in to the MCOL and could only see the AOS unless I'm looking in the wrong place.

b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #31 on: August 07, 2024, 09:24:12 am »
When you emailed the defence/draft order, did you receive an auto-response email from the CNBC? What date did you email the defence?

If you didn’t receive any auto-response email, it means that the defence was not received. If so, do not resend what you sent, there is a slight modification to the defence and draft order which you can download here:

Short defence third person

Draft order for the short defence
« Last Edit: August 07, 2024, 09:30:31 am by b789 »
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DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #32 on: August 08, 2024, 11:27:56 am »
When you emailed the defence/draft order, did you receive an auto-response email from the CNBC? What date did you email the defence?

If you didn’t receive any auto-response email, it means that the defence was not received. If so, do not resend what you sent, there is a slight modification to the defence and draft order which you can download here:

Short defence third person

Draft order for the short defence

Hi,

I sent the defence/draft order on the 24th of July and received an auto reply immediately from ClaimResponses.CNBC which reads as follows:

"Thank you for emailing the Claim Responses Team in the Civil National Business Centre. Please expect a response to your enquiry in 10 days
When sending us documents please ensure you comply with the Practice Direction 5B
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05/pd_part05b
Documents not complying will not be accepted, in particular if it is over 10MB or 25 printed pages in size."


This is what I see in MCO under Claim History:

Your acknowledgment of service was submitted on 24/07/2024 at 10:57:53
Your acknowledgment of service was received on 24/07/2024 at 14:05:08
Your defence was received on 29/07/2024


Am I in the right place or is there an action I should take?

b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #33 on: August 08, 2024, 11:40:35 am »
All is good. You have the acknowledgement email and now your MCOL shows that the defence was received. The CNBC is overwhelmed and responses/actions can take much longer than expected.

There has even been spate of cases where they have simply lost the defence, assigned to a local court and told the defendant to simply resubmit their defence to the local court.

For now, you are waiting on a letter from the CNBC telling you that the claimant has been sent your defence and they will confirm whether they intend to continue. They normally include a copy of there N180 DQ which you just file for reference.

Keep checking your MCOL on a weekly basis to see when they send you your own N180 DQ. You can download one now ad complete it, ready to email to the court and the claimants solicitor when your MCOL says that yours has been sent (by post).

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

Patience is the order of the day.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #34 on: August 19, 2024, 01:47:48 pm »
All is good. You have the acknowledgement email and now your MCOL shows that the defence was received. The CNBC is overwhelmed and responses/actions can take much longer than expected.

There has even been spate of cases where they have simply lost the defence, assigned to a local court and told the defendant to simply resubmit their defence to the local court.

For now, you are waiting on a letter from the CNBC telling you that the claimant has been sent your defence and they will confirm whether they intend to continue. They normally include a copy of there N180 DQ which you just file for reference.

Keep checking your MCOL on a weekly basis to see when they send you your own N180 DQ. You can download one now ad complete it, ready to email to the court and the claimants solicitor when your MCOL says that yours has been sent (by post).

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

Patience is the order of the day.

Hiya,

I must be missing a trick but the page refreshed and now I cant seem to figure out how to get back to that MCOL page/site

When I google MCOL login, I get an option to make a claim. I follow those steps until it says "you can't use this service"
Another route I went was> https://www.moneyclaim.gov.uk/web/mcol/useradmin> Option under Individual is 'Register' but I already registered?

DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #35 on: August 19, 2024, 01:51:05 pm »
When I enter claim number and password under: Respond to claim made against you:

I get the following:

Homepage
The following errors have occurred:

Claim number or password is incorrect.

b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #36 on: August 19, 2024, 01:58:31 pm »
Normally, when you access the MCOL, it goes through your Government ID website. Once into MCOL, you only have to click the link in the lower right corner. I don't have access to it so you'd have to figure it out.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #37 on: August 23, 2024, 09:40:15 am »
Normally, when you access the MCOL, it goes through your Government ID website. Once into MCOL, you only have to click the link in the lower right corner. I don't have access to it so you'd have to figure it out.

I'll much around with it to try and figure it out :)

I just received by post a letter titled: Notice of Proposed Allocation to the Small Claims Court


It says that it is now a defended claim and that the defendant has filed a claim,  but the bit where it says 'a copy of which is enclosed' is crossed out and I can't seem to see anywhere they have included their defence. Just seems to be a few pages I need to fill in and then sign.

b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #38 on: August 23, 2024, 11:32:27 am »
You are the defendant. The claim is defended. Unless you filed a counterclaim (did you?) then there is nothing more to do for now. The claimant does not have a “defence” unless you counterclaimed.

If the claimant has accepted that they intend to proceed with the claim, they will have told the CNBC so but they should have also sent you a letter stating the fact that they intend to proceed with the claim. Have you had anything from the claimant solicitor?

The next thing will be your N180 DQ. It will arrive in the post but you can download one and fill it in already and save as a pdf, ready to attach to an email which is send to both the claimants solicitor and to the CNBC at DQ.cnbc@justice.gov.uk and you also CC in yourself.

If you can get access to your MCOL history, it will show when the CNBC has sent your DQ at which point you can simply email the one you have prepared.

Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #39 on: August 23, 2024, 12:03:37 pm »
You are the defendant. The claim is defended. Unless you filed a counterclaim (did you?) then there is nothing more to do for now. The claimant does not have a “defence” unless you counterclaimed.

If the claimant has accepted that they intend to proceed with the claim, they will have told the CNBC so but they should have also sent you a letter stating the fact that they intend to proceed with the claim. Have you had anything from the claimant solicitor?

The next thing will be your N180 DQ. It will arrive in the post but you can download one and fill it in already and save as a pdf, ready to attach to an email which is send to both the claimants solicitor and to the CNBC at DQ.cnbc@justice.gov.uk and you also CC in yourself.

If you can get access to your MCOL history, it will show when the CNBC has sent your DQ at which point you can simply email the one you have prepared.

Right totally make sense now. So this is to just confirm that I will be defending the claim made against me.

I haven't received a letter from their solicitors yet but in the MCO site shows the following under history:

Your defence was received on 29/07/2024

DQ sent to you on 19/08/2024

DQ filed by claimant on 21/08/2024

b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #40 on: August 23, 2024, 12:18:45 pm »
In which case go to:

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

Download your DQ and complete it and send off as advised. You should also have received a copy of the claimants DQ in the next day or so. If you don’t, let us know.

Your DQ is emailed with the following message as a pdf and attached another copy of the draft order and copies of two persuasive appeal cases, CEL v Chan and CPM v Akande:

Quote
“Bearing in mind the contents of the defence I would strongly suggest that the judge makes the attached order in support of which I also attach transcripts of two cases which support the proposition that the judge should make the order I suggest”.

Draft defence order

CPM v Akande transcript

CEL v Chan transcript
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #41 on: September 02, 2024, 10:15:47 pm »
In which case go to:

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

Download your DQ and complete it and send off as advised. You should also have received a copy of the claimants DQ in the next day or so. If you don’t, let us know.

Your DQ is emailed with the following message as a pdf and attached another copy of the draft order and copies of two persuasive appeal cases, CEL v Chan and CPM v Akande:

Quote
“Bearing in mind the contents of the defence I would strongly suggest that the judge makes the attached order in support of which I also attach transcripts of two cases which support the proposition that the judge should make the order I suggest”.

Draft defence order

CPM v Akande transcript

CEL v Chan transcript

Hi,

I haven't received the claimants DQ still.

To confirm I have understood what I should be doing now.

1. Complete the DQ, upload and save as a PDF
2. Attach the completed PDF, draft order, 2 example case transcripts in my email to them
3. Ensure your quote is added to the main body of the same email

Am I correct?


b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #42 on: September 03, 2024, 01:41:32 am »
You need to get a move on. You don’t need to “upload” anything. Just download the your DQ from the link, complete it on your computer, sign it by just typing your name in the signature box and then get it sent as a PDF attachment to an email to DQ.cnbc@justice.gov.uk and also the claimants solicitor and also CC in yourself in a single email.

Add in the body of the email that MCOL states that the claimants DQ was received in 21st August but you have not received a copy of it.

In your DQ you do not want a hearing on the papers and just put the following in the text 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 the intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #43 on: September 03, 2024, 03:15:54 pm »
You need to get a move on. You don’t need to “upload” anything. Just download the your DQ from the link, complete it on your computer, sign it by just typing your name in the signature box and then get it sent as a PDF attachment to an email to DQ.cnbc@justice.gov.uk and also the claimants solicitor and also CC in yourself in a single email.

Add in the body of the email that MCOL states that the claimants DQ was received in 21st August but you have not received a copy of it.

In your DQ you do not want a hearing on the papers and just put the following in the text 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 the intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.

I am filling in the form but there's a load of stuff about mediation?

b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #44 on: September 03, 2024, 03:18:18 pm »
Mediation is now compulsory. Nothing to worry about. It is not a trial and is simply someone with 10 minutes training trying to mediate between the parties. It is only compulsory to attend the phone call. You offer £0 and it is over in less than 5 minutes.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain