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#Post#: 45050--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: DWMB2
Date: November 11, 2024, 10:04 am
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As noted, DCB Legal aren't the types who tend to follow through
to a hearing, so a lack of response to a Letter of Claim is
unlikely to affect the process in the slightest.
Speaking more broadly about court claims in general... It's
generally advisable to respond to Letters of Claim, and indeed
as the PAP says, courts expect parties to have taken steps to
resolve the dispute before proceedings. If one has already done
this in the form of, for example, an appeal to the parking
operator, POPLA or the IAS, then it could be argued that one has
already sought to resolve the dispute, but there'd be little
harm in reiterating the argument in response to the LoC. If one
had not appealed at all, and then ignored a Letter of Claim, if
it did go through to a hearing, a judge may take a dim view of
this, but even then, it ought not to swing the outcome of the
case overall.
#Post#: 45052--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: November 11, 2024, 10:32 am
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Phew!! Now that's a huge relief. For a moment there, I thought I
might have handed them a technical KO.
#Post#: 45057--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: November 11, 2024, 10:53 am
---------------------------------------------------------
@ DWMB2 - Here's a quote from my 'reboot' post after Pepipoo
went AWOL:
--- Quote ---
> 6. The driver MISLAID the PCN and her POPLA apppeal code with
it.
> 7. The PPC point blank refused to disclose it/issue a copy of
the PCN.
> 8. PCN eventually found, but too late. The appeal period had
elapsed.
--- End Quote ---
My 'client' is at least partly to blame. She's a scatterbrain
who can lose an elephant in a closet. Sorry, but that's the hand
that I (and by extension you too) have been dealt with.
#Post#: 45145--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: DWMB2
Date: November 11, 2024, 5:11 pm
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--- Quote from: Eryobotrya link ---
>
> She's a scatterbrain who can lose an elephant in a closet.
Sorry, but that's the hand that I (and by extension you too)
have been dealt with.
>
--- End Quote ---
You may wish to impress upon her the importance of this matter.
Whilst a discontinuation is very likely if she carries on with
the process, she should continue to meet any and all deadlines
before such time as they do actually discontinue, and deal with
any paperwork promptly.
#Post#: 45149--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: November 11, 2024, 6:38 pm
---------------------------------------------------------
Preaching to the choir mate. You don't think I've tried? I've
given the court my contact details so they can send any comms
directly to me.
Only DCBL are still writing to her. I'm not too fussed about
that. I get their Sabre-rattling missives - eventually, but
since their deadlines are inconsequential, their threats don't
faze me in the least.
Meantime, I'm about to file her Directions Questionnaire online.
I might as well preempt the court's next step.
#Post#: 45152--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: b789
Date: November 11, 2024, 7:48 pm
---------------------------------------------------------
Don’t submit the DQ until your MCOL history shows that they have
issued yours. They don’t like receiving them before they’re
ready for it.
Continue to ignore DCBL. You only need to deal with DCB Legal
correspondence unless it’s an offer to settle, in which case
ignore that too. They’ll discontinue eventually.
#Post#: 45175--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: November 12, 2024, 4:57 am
---------------------------------------------------------
Lucky for me you mentioned that. I had no idea it was all done
thru my MCOL A/c. Just checked it, only to discover that they
ostensibly sent me a DQ on 5th Nov!!:
--- Quote ---
> Claim History
> Your defence was received on 03/10/2024
>
> DQ sent to you on 05/11/2024
>
> DQ filed by claimant on 05/11/2024
--- End Quote ---
I've received nothing - either by post, email or MCOL attachment
for d/load. I'm not taking any chances at this stage of the
proceedings. That DQ is going to be filed online today. Just
hope I haven't already missed the deadline for it.
#Post#: 45184--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: November 12, 2024, 6:07 am
---------------------------------------------------------
Not sure how to answer this question:
--- Quote ---
> D. Suitability for determination without a hearing
> 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?
--- End Quote ---
If I answer NO, I'm required to state why.
#Post#: 45195--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: November 12, 2024, 6:56 am
---------------------------------------------------------
--- Quote ---
> You should note the date by which this questionnaire must be
returned and the name of the court it should be returned to
since this may be different from the court where the proceedings
were issued.
--- End Quote ---
Since I've received no info or instructions about this from the
CNBC, how do I find out where to send it?
#Post#: 45214--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: b789
Date: November 12, 2024, 8:07 am
---------------------------------------------------------
You do not want a claim to be heard on papers. Just put this as
your reason:
--- Quote ---
> 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.
--- End Quote ---
The DQ is expected to be returned within 14 days of service. As
it was issued on 5th November, it is deemed served on Monday
11th November which means you have until Monday 25th November to
submit it. Stop panicking and rushing!
When you've completed your N180DQ, you need to send it as a PDF
attachment in a single email addressed to both
dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in
yourself.
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