Author Topic: Received a court claim form for overstaying in a supermarket carpark  (Read 1162 times)

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DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #45 on: September 03, 2024, 03:26:35 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.

Cool

These were my answers to the questions I was a bit unsure of. Was I right?


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,

Yes

E2 Are there any dates within the next 3 months when you will not be
able to attend your mediation appointment?

Yes Thursdays and Fridays

F1 At which County Court hearing centre would you prefer the small
claims hearing to take place and why?

Local to my home address

F2 Are you asking for the court’s permission to use the written
evidence of an expert?

No

F3 How many witnesses, including yourself, will give evidence on your
behalf at the hearing?

1 (myself)

F4 Are there any days within the next nine months when you, an expert
or a witness will not be able to attend court for the hearing?

Thursdays and Fridays

G1 Have you been advised of your right to give evidence in either
Welsh or English?

No

DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #46 on: September 03, 2024, 03:43:14 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 couldn't find the claimants solicitor email in the papers but I have through a quick google: sarah@dcblegal.co.uk. Reckon I should use this?

Claimants Legal Representative:
Sarah Ensall
DCB Legal LTD, Greenwood Drive
Runcorn
WA7 1UG

About the point  not being content for the case to be heard 'on the papers' is it:

D1 Do you consider that this claim is suitable for determination
without a hearing, such as; by a judge reading and considering the
case papers, witness statements and other documents filed by the
parties, making a decision, and giving a note of reasons for that
decision?

So I should say no to this question a and explain with the statement:

"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."

Sorry to be asking for so much clarification
« Last Edit: September 03, 2024, 03:48:24 pm by DontStandForNonsense »

b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #47 on: September 03, 2024, 04:07:10 pm »
D1 is "NO". You do not want a hearing 'on the papers'. You want a hearing in person.
Add the following to the text box:

"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."

Just send the copy to info@dcblegal.co.uk, dq.cnbc@justice.gov.uk and CC yourself.
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 #48 on: September 03, 2024, 04:15:07 pm »
D1 is "NO". You do not want a hearing 'on the papers'. You want a hearing in person.
Add the following to the text box:

"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."

Just send the copy to info@dcblegal.co.uk, dq.cnbc@justice.gov.uk and CC yourself.

Ok perfect. I'll do that. SO my other answers were fine. I'll just amend D1 as you outlined :)
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DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #49 on: September 03, 2024, 04:42:15 pm »
Ok so I have done the following:

Emailed: dq.cnbc@justice.gov.uk, info@dcblegal.co.uk, myself

Subject: Claim Number: xxxxxx

Body of email:

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.

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

Attachments:
- My completed DQ
- Draft defence order
- PM v Akande transcript
- CEL v Chan transcript
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DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #50 on: September 19, 2024, 07:43:09 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.

Okay so I just received an email with a date for a mediation telephone call. Only thing that has me worried is the threats in it if you miss the call. Reception at home is awful on our mobile networks so I'll need to get an old corded land phone and update the number with them just in case. It's scheduled just over a month away. By the way, I've been dealing with this on behalf of my wife so I wonder if I should take the call myself or just brief her on what to say (unless it's possible we get someone who wants to delve into things a bit more?)

b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #51 on: September 19, 2024, 07:55:12 pm »
Get the phone sorted. Your wife will have to e the person that takes the call. It is nothing to worry about. I tis not a trial and there are no lawyers or judges involved. It's just a person who has had a days training in mediation. The only requirement is ti "attend" the call.

Your wife says she is only prepared to offer £0 and it will all be over in less than 5 minutes.

The call was "attended" and that's the end of the matter. It has no bearing whatsoever on the proceedings as the progress.
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 #52 on: September 22, 2024, 05:15:18 pm »

Ill invest in a wired handset, test it and have her sit by it from 10 minutes before the call :)

DontStandForNonsense

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #53 on: November 05, 2024, 01:04:33 pm »
Get the phone sorted. Your wife will have to e the person that takes the call. It is nothing to worry about. I tis not a trial and there are no lawyers or judges involved. It's just a person who has had a days training in mediation. The only requirement is ti "attend" the call.

Your wife says she is only prepared to offer £0 and it will all be over in less than 5 minutes.

The call was "attended" and that's the end of the matter. It has no bearing whatsoever on the proceedings as the progress.

Hi,

So my partner attended the phone meeting 2 weeks ago. She said she wouldn't offer to pay anything.

Do you know what happens next and when we should hear back?

b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #54 on: November 05, 2024, 01:51:00 pm »
When the case management judge reads the defence they will either order the claimant to provide detailed PoC or strike the claim out. If they don't, they will order a trial date. At some point just before the claimant has to pay the trial fee, they will discontinue.
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 #55 on: November 05, 2024, 01:55:15 pm »
When the case management judge reads the defence they will either order the claimant to provide detailed PoC or strike the claim out. If they don't, they will order a trial date. At some point just before the claimant has to pay the trial fee, they will discontinue.

Thank you.

Would correspondence be via post and do you have any idea how long they might take before we hear anything? Just that I'm paranoid about not chasing it up at the right time if any of their letters don't arrive.

b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #56 on: November 05, 2024, 02:44:32 pm »
The case management order will arrive by post.
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 #57 on: November 10, 2024, 09:51:21 am »
The case management order will arrive by post.

Any idea who I can call or write to if nothing arrives for a while?

b789

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Re: Received a court claim form for overstaying in a supermarket carpark
« Reply #58 on: November 10, 2024, 10:01:45 am »
It can take months, depending on how busy your local court is. If you need to ask them questions, call the court where the case has been transferred to.
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 #59 on: November 18, 2024, 10:41:17 am »
It can take months, depending on how busy your local court is. If you need to ask them questions, call the court where the case has been transferred to.

We just received a letter titled "Notice of Transfer of Proceedings"

Something about the claim being transferred to the County Court at Reading for allocation.

Does this all sound like the process you'd expect it to follow?