Civil Enforcement Ltd County Court Business Centre Claim

[charitynjw]

When you say directions questionnaire stage, do you mean sending back the form? Because that went back over a week ago. It didn't ask to attach anything, just a tick box whether or not I want to use written expert witness evidence. There was no request or instructions on sending evidence to anybody- the court or claimant. It only said send a copy of the directions questionnaire to the claimants too. I've sent nothing at all other than the questionnaire back to the court.

That's fine.
You should receive directions in due course re allocation to venue (usually your local court) & track (usually Small Claims for private parking issues.)
You will probably be invited to take part in out-of-court mediation (via the court's Mediation Service.)
If it were me I'd say yes to that. (Courts like to see at least an attempt by both parties to settle out of court.)

[Lyat]

When you say directions questionnaire stage, do you mean sending back the form? Because that went back over a week ago. It didn't ask to attach anything, just a tick box whether or not I want to use written expert witness evidence. There was no request or instructions on sending evidence to anybody- the court or claimant. It only said send a copy of the directions questionnaire to the claimants too. I've sent nothing at all other than the questionnaire back to the court.

[charitynjw]

If it was me, I'd hold fire until the other party's defence to counterclaim is filed.
If the nurse's evidence is on paper only (ie not intending to be present at the hearing, it can be added to your witness statement at Direction Questionnaire stage (& in a skeleton argument, should you feel the need of one.)

[Lyat]

Hello there,I hope you're all well. Just a very quick question: I've just received a signed copy of a letter from my nurse who was the expert witness. Do I send that to the court or wait to hear from them. I've heard nothing since sending off the directions questionnaire and sending a copy of it to the claimants. I want asked our directed to send the written witness statement to or by the court but in around 10 days I'm pretty sure the claimants time to defend my counter claim will be up?

[charitynjw]

The nurse won't actually turn up for my hearing, she'll just provide a letter. The other witnesses would be family and friend who can attest for my condition and witnessing my sending off the original posted appeal.

Can I just check if right of audience and McKenzie are two different things? Because I've read that right of audience has something to do with the other side as in I want to see who exactly I had a contract with i.e, the land owner.

They are very different animals.
Right of Audience means that someone is legally representing you. (& has the authority/legal right to do so.)
A McK F just sits beside you & 'hand-holds'....you would be the one presenting your case.

[Lyat]

The nurse won't actually turn up for my hearing, she'll just provide a letter. The other witnesses would be family and friend who can attest for my condition and witnessing my sending off the original posted appeal.

Can I just check if right of audience and McKenzie are two different things? Because I've read that right of audience has something to do with the other side as in I want to see who exactly I had a contract with i.e, the land owner.

[charitynjw]

So I've received the directions questionnaire. Can I get some advice on filling certain parts of this?

A1. Do you agree to this case being referred to the small claims mediation service? - I think that'll be a "no" right?
I'd usually say yes...courts like to see at least that the parties are open to out-of-court negotiations.
Others will disagree.

C1. Do you agree that the small claims track is appropriate for this case? - I think that's "yes"?
Yep

D1. They've allocated it to Horsham on their papers by the look of things although I'm in Crawley, it's not too far so I'm fine with that. Do I stop need to write it in the box here? It asks for a reason why which is what threw me a little as they're the ones who allocated it...
The court does have the final say re venue.

D2. I have asked my m.s nurse to write a letter for me but I don't have it yet. If I tick yes to asking the court to give permission to admit written evidence of an expert witness but it doesn't arrive in time, will I get in trouble? I think if I tick no but I then do have it turn I won't be able to rely on it will I? So I should tick yes?


D3. Again, if I say 3 witnesses but one doesn't arrive, will that mean trouble or will it be worse the other way around?
I'd include the nurse atm, but would advise the court asap if it falls through.
Advise that for that one it will just be a written submission if a 'no show' in person.


Where on this firm can I ask for right of audience or a McKenzie friend?
I'd send a seperate email to the court to ask permission, plus arrive at the hearing in good time & mention it to an usher for judge's permission.
If you do email, in the subject box put the claim number, Defence, permission sought for a McKenzie Friend.

I want to get this off asap if possible and just jump in at the deep end!

####

[Lyat]

So I've received the directions questionnaire. Can I get some advice on filling certain parts of this?

A1. Do you agree to this case being referred to the small claims mediation service? - I think that'll be a "no" right?

C1. Do you agree that the small claims track is appropriate for this case? - I think that's "yes"?

D1. They've allocated it to Horsham on their papers by the look of things although I'm in Crawley, it's not too far so I'm fine with that. Do I stop need to write it in the box here? It asks for a reason why which is what threw me a little as they're the ones who allocated it...

D2. I have asked my m.s nurse to write a letter for me but I don't have it yet. If I tick yes to asking the court to give permission to admit written evidence of an expert witness but it doesn't arrive in time, will I get in trouble? I think if I tick no but I then do have it turn I won't be able to rely on it will I? So I should tick yes?

D3. Again, if I say 3 witnesses but one doesn't arrive, will that mean trouble or will it be worse the other way around?

Where on this firm can I ask for right of audience or a McKenzie friend?

I want to get this off asap if possible and just jump in at the deep end!

[charitynjw]

Well, it was a bit of a bother to put it mildly, but I think I got there in the end! I think it went through via the MCOL but I sent it via email as well just as I mentioned in 3 pdf pages, manually signed. Figured it can't really be helped at this point and I just really need to try and get on with my life.

Just thought I'd let you know that the email add the court sent me when I asked re the tech issues was ccbcaq@justice.gov.uk which is specifically for acknowledgements and defences etc rather than the ccbc (perhaps it's been recently updated or something )

Anyway, as CharityNJW said, "Belt & brace" for impact now! Thank you charitynjw, & rob for all your help. I developed anxiety late in life but really suffer with it and this would have been a thousand times worse if there weren't people like you taking your time and energy to actually make a difference. Whatever happens next for me, you guys are awesome.
Keep fighting the good fight!

I'll keep you updated...

XXX

Don't forget that you can have a McKenzie Friend with you in court (with the court's permission, but afaIk it is rarely refused.)

[Lyat]

Well, it was a bit of a bother to put it mildly, but I think I got there in the end! I think it went through via the MCOL but I sent it via email as well just as I mentioned in 3 pdf pages, manually signed. Figured it can't really be helped at this point and I just really need to try and get on with my life.

Just thought I'd let you know that the email add the court sent me when I asked re the tech issues was ccbcaq@justice.gov.uk which is specifically for acknowledgements and defences etc rather than the ccbc (perhaps it's been recently updated or something )

Anyway, as CharityNJW said, "Belt & brace" for impact now! Thank you charitynjw, & rob for all your help. I developed anxiety late in life but really suffer with it and this would have been a thousand times worse if there weren't people like you taking your time and energy to actually make a difference. Whatever happens next for me, you guys are awesome.
Keep fighting the good fight!

I'll keep you updated...

XXX

[Lyat]

The site is a nightmare and not letting me do it via the MCOL portal but is it ok that as a scanned document it's 3 separate pages? I.e. Defence & Counterclaim page 1, Defence & Counterclaim page 2 and so on (3 pages in total) as pdfs?

[charitynjw]

So just one last thing before this goes off, is the very worst that can happen in terms of my counter claim that they will defend it and the judge will basically throw it out and I'll just lose the £25 and it'll just all be over after that?
The counterclaim would be.

Of course I understand the very worst case scenario is that the judge rules in their favour on both counts and I get slapped with the bogus amount they put on their claim form + £25 court fee for my counter claim right?
Correct.
Unless you behave unreasonably, but it would need to be a pretty serious 'unreasonableness'.

####

[Lyat]

So just one last thing before this goes off, is the very worst that can happen in terms of my counter claim that they will defend it and the judge will basically throw it out and I'll just lose the £25 and it'll just all be over after that?

Of course I understand the very worst case scenario is that the judge rules in their favour on both counts and I get slapped with the bogus amount they put on their claim form + £25 court fee for my counter claim right?

[charitynjw]

If this is al good, what do I do next? Do I print it out, sign and then upload it somehow to the MCOL service or do I just copy-paste it without signing but just type my name etc?

If it's too big for MCOL, print it, sign & add as an attachment to email
ccbc@justice.gov.uk

Use the format per
https://legalbeagles.info/library/gu...-court-claims/

In the email subject box, put 'Defence & counterclaim, claim ref no [the no. shown on the claim form]'.

Email a copy to yourself (Belt & braces)

[charitynjw]

Defence & counterclaim (Top of the Defence statement)