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#Post#: 45802--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: November 16, 2024, 4:38 am
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Well, that's a bit of a bummer:
--- Quote ---
> Dear Sir/Madam,
>
> Thank you for your email which is being returned as we are
unable to accept submission for this claim from you as a third
party. After further investigation I note that you also
completed the defence received for this claim which is also
invalid.
>
> The court service is only able to accept submissions from the
named defendant or a solicitor acting on their behalf. Please
ensure that any further submission is signed by the named party.
>
> Please be advised that to become a litigation friend you need
to obtain authorisation from a Local Court and this
authorisation must be enclosed with your response. You are
advised to seek legal advice regarding this matter.
>
> Please return your Defence and Directions Questionnaire signed
by the correct party by22nd November 2024 or your Defence could
be struck out. The Claimant would then be at liberty to enter
Judgment against you.
>
> Kind Regards
>
> M. Cuteanu
>
> N9’s and Direction Questionnaires
>
> Civil National Business Centre
> St Katherine's House
> 21-27 St Katherine's Street
> Northampton
> NN1 2LH
--- End Quote ---
So if the defendant resubmits everything in her name and with
her details, we avoid losing on a technicality, right?
Alternatively, is that enough time to obtain the necessary
authorisation from my local court? I've tried 'phoning them
before, and after around half an hr of hanging on, finally gave
up. Doesn't bode well for a quick response from them.
#Post#: 45803--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: DWMB2
Date: November 16, 2024, 4:46 am
---------------------------------------------------------
Yes - she's the person being sued so she's the one who needs to
be signing paperwork etc.
I had been working on the assumption that things were being
submitted in the defendant's name already. There is no "we" in
these matters.
#Post#: 45804--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: November 16, 2024, 5:04 am
---------------------------------------------------------
And I was working on the assumption that I was allowed to sign
on her behalf as her 'McKenzie Friend'. This issue did not arise
when I signed on her behalf in her fight against PPL-PRS Ltd -
which she won, btw.
#Post#: 45811--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: b789
Date: November 16, 2024, 6:26 am
---------------------------------------------------------
You are dealing with the court. A McKenzie Friend has no right
to act on behalf of a Litigant in Person (LiP). He may not act
as the LIP’s agent in relation to the proceedings nor manage the
case outside court, for example, by signing court documents.
A McKenzie Friend is not entitled to address the court, nor
examine any witnesses. However, in exceptional circumstances, a
judge may grant a McKenzie Friend what is termed “right of
audience” in a particular case. The McKenzie Friend would then
be allowed to address the court and conduct the litigant’s case
for him, as a solicitor or barrister would normally do. Do you
have this permission from the court?
You cannot act as the litigants’ agent in relation to the
proceedings. You cannot manage litigants’ cases outside court,
for example by signing court documents. You cannot address the
court, make oral submissions or examine witnesses.
Whatever happened when you dealt with a previous PCN, it is
irrelevant to this case. You did not inform us that you were
acting on behalf of someone else. You can do all the work but
everything must be in the defendants name. You obviously have
not done that.
Because of this, the claim now stands undefended and the defence
MUST be re-submitted immediately in the defendants name. There
is a huge risk of the defendant getting CCJ by default because
of this error. Simply edit the defence to reflect the defendants
name and signature and resubmit it by email as previously
advised. The CNBC have thrown a lifeline by giving the defendant
until the 22nd November to re-submit the defence and the DQ.
I suggest this is done immediately.
#Post#: 51462--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: December 31, 2024, 5:50 am
---------------------------------------------------------
All done.
OK, you've told me what I cannot do as the defendant's McKenzie
friend. Now tell me what I can do. The defendant has received
notification from SCMS of her appt for their mediation tel/call.
Included in the notification is an attachment of form EX750 -
Delegation of Authority to Mediate.
Quite simply, can she delegate that authority to me?
#Post#: 51468--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: H C Andersen
Date: December 31, 2024, 6:25 am
---------------------------------------------------------
May we see this form pl.
#Post#: 51496--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: b789
Date: December 31, 2024, 9:39 am
---------------------------------------------------------
I don’t know what an X750 form is. Did you mean X740? Either
way, it is not really that important.
The mediation is not part of the judicial process. There is no
judge or solicitors involved. The only requirement is to
“attend” the call. Our advice is that whoever “attends” the call
offers £0 and it will be over within minutes.
It is a complete waste of time but as long as the call was
“attended” nothing else matters. You could “attend” the call as
your wife’s lay rep and offer £0.
Whilst it is extremely unlikely that this will ever get to a
hearing in front of a judge because it will be discontinued
before the trial fee has to be paid by the claimant, if it were
to get that far, then you could act as your partners lay rep.
Both of you would have to attend the hearing but you can act on
their behalf as long as you seee the usher before you go in and
tell them to let the judge know. Any resistance and you flash a
copy of The Lay Representatives (Rights of Audience) Order 1999
HTML https://www.legislation.gov.uk/uksi/1999/1225/made
at them.
My money is on a discontinuation some time next year after the
case has been transferred to your local court.
#Post#: 51506--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: December 31, 2024, 11:03 am
---------------------------------------------------------
No, definitely X750 (05.24), and completion is compulsory. I'll
#Post#: 51509--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: December 31, 2024, 11:05 am
---------------------------------------------------------
... post up later today.
To be clear, the defendant is my daughter.
#Post#: 51512--------------------------------------------------
Re: Civil Enforcement Ltd - N1SDT Claim form recieved for PCN
isssued for Swanley Park parking in New Barn Rd
DIR By: Eryobotrya
Date: December 31, 2024, 11:09 am
---------------------------------------------------------
BTW, the whole process may not be as speedy as you might think.
For example, we are required to give a brief outline of her
defence.
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