Received Claim Form - County Court Business Centre

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Re: Received Claim Form - County Court Business Centre

Hi Mystery 1, I was wondering if you could give me some advice around whether it would be more appropriate to refer my case to Private parking appeals ( a paid service) I only ask because I am away from Friday and wondering if it would be easier to get them to manage my case given the timescales involved? If you can confirm that this is doable via legal beagles advice then I would much rather donate the paid fee to this forum? I not sure what their limitations are and would greatly appreciate your advice around this?

I note form another post that you have asked the author to submit an email to the SRA about Mr Swartz - should I be doing the same?

await your response in anticipation.

[mystery1]

Re: Received Claim Form - County Court Business Centre

It might be easier to do, i'm not sure how that'd work in a court case but you'd certainly need to appear in person as, as far as i'm aware, they are not lawyers (neither am i, for clarity). You should be able to discuss the practicalities with them without paying, i'd assume. I would expect we would manage but it's your call. I would decide before defending though as i think the defences differ although they do the same thing. I like to deal with the case pleaded and 1/2 issues where as the defences i've seen elsewhere tend to be a bit moany about the claimants. Both will probably result in them not turning up eventually but mine, i would say is more in line with the rules ( the rules will normally be more relaxed in small claims though).

I suggest you contact the SRA.

contactcentre@sra.org.uk

Dear Sir/Madam,

I write to you to enquire about Mr Michael David Schwartz #118966 who was/is subject to control of practice as per http://www.sra.org.uk/consumers/soli...ticle?decision

It is my understanding that "Mr Schwartz shall act as a solicitor only in employment, the arrangements for which have been approved by the SRA."

As he is lodging claim forms with the courts, i would like to enquire if any arrangements are in place to allow him to do so ?

Yours Sincerely


Absolutely do this. We know the result but if the court wants to see proof it's better to have your own.

M1

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Re: Received Claim Form - County Court Business Centre

M1 - thank you for the advice. This is what they have sent me (below). Again their advice differs slightly where they have asked me to acknowledge receipt of claim asap even before having received particulars of the claim. I have copied and pasted their email below for guidance. Paying a fee is not really the issue .. its more about adhering to deadlines and having prompt responses like I get from you. Do you think we can manage if we were in email communication whilst I was abroad??

I have already emailed the SRA and have received confirmation of receipt. They say they will get back to me in 5 days or I can ring them.

[mystery1]

Re: Received Claim Form - County Court Business Centre

I can't do off board help. Of course you can email [MENTION=49370]Kati[/MENTION] and [MENTION=6]Amethyst[/MENTION] as per my signature to have them post on your behalf.

The court process is pretty slow. Once the particulars are served we have 14 days to defend or file AOS which gives 14 extra days to defend. From there it takes weeks for the next action on your part and then months to an actual court date.

There are many amateurs who think that you should file AOS upon receipt of a claim. I don't. Practically speaking, it really won't cause much issues but i like to follow the rules.

https://www.justice.gov.uk/courts/pr...l/rules/part09

(2) Where the defendant receives a claim form which states that particulars of claim are to follow, he need not respond to the claim until the particulars of claim have been served on him.

I think the court staff may get confused about dates if we file AOS before we have the particulars, on the off chance CEL tried for a default judgement before they were entitled to do so.

I've seen the PPA details so i'll delete them in case they get upset as i have no desire to enter a pissing competition with them.

M1

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Re: Received Claim Form - County Court Business Centre

M1 - you made me chuckle "
I've seen the PPA details so i'll delete them in case they get upset as i have no desire to enter a pissing competition with them.

Just one clarification if I may - If I do not receive details of particulars for 14 days and have not submitted AOS - would that go against me? From the link you posted it seems that there is no need for an AOS until details of particulars are received?

My only issue is that I leave on Friday however my father in law will be at home to pick up the post so I should hold onto the AOS until I receive the details of particulars?

[mystery1]

Re: Received Claim Form - County Court Business Centre

I would hold off but as i say it's unlikely to be hugely significant.

M1

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Re: Received Claim Form - County Court Business Centre

I would hold off but as i say it's unlikely to be hugely significant.

M1

M1 - just a quick update. The SRA emailed me back with this...

Dear Sir/Madam,

Thank you for your email of 1 March 2016.

We are currently waiting information from another team within the Solicitors Regulation Authority (SRA) before we can fully respond to your enquiry.

I will contact you again once I receive a response. Unfortunately the Solicitors Regulation Authority (SRA) are unable to advise if we have received a request for permission of employment.

If you have concerns about conduct of a solicitor or believe an individual is practising against any of our guidelines then please send your information to report@sra.org.uk.

If you have any further queries in the meantime, please Contact Us.


Thank you for contacting the Solicitors Regulation Authority.

Yours sincerely

Tony Westwood
Contact Centre Officer
Solicitors Regulation Authority
0370 606 2555
contactcentre@sra.org.uk
www.sra.org.uk

Follow the SRA on Twitter

I have since sent an email to the above email address and await a response. I still have not received details of particulars.

regards

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Re: Received Claim Form - County Court Business Centre

Greetings M1 - UPDATE for you..

I received a 4 page Particulars of claim in the post today attached below.

It seems that this was an ANPR camera which I suppose would capture the number plate. I have never parked at this car park and the Mrs does not recall parking here either. I did a quick drive by to see if this car park existed and it seems that its a derelict site with some construction work now going on and no car park.

Please could you advise how best to proceed? I will file AOS tonight.

I look forward to your response.

kind regards

[mystery1]

Re: Received Claim Form - County Court Business Centre

So we now have 28 days to respond. I'm out all day tomorrow but can probably do something Friday night although it is better to wait until the last week if you are back home, giving the SRA time to reply.

M1

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Re: Received Claim Form - County Court Business Centre

okay thanks. so do I have 28 days from today or from 5 days of service of original claim?

[mystery1]

Re: Received Claim Form - County Court Business Centre

Today as it's the 2nd business day since the date of posting (or at least from the date on the letter which is probably the same)

M1

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Re: Received Claim Form - County Court Business Centre

now I am confused M1. date on this latest letter is 25th of February although I only received it today?

[mystery1]

Re: Received Claim Form - County Court Business Centre

That's because i got the day wrong and now i see it's Wednesday today. The particulars were deemed served on Monday. (it's too much hassle to argue they were served today for the sake of 2 days).

So 28 days from Monday.

M1

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Re: Received Claim Form - County Court Business Centre

Okay thanks, so I return on the 26th. Will that be a 'touch and go'? I will have access to my emails abroad so can respond to your template. Is all communication now online with the courts or do i have to physically post via royal mail? sorry mate too many questions! the timing has been so wrong

[mystery1]

Re: Received Claim Form - County Court Business Centre

That'll be fine. We can do it online.

The schedule of information, is it in any way accurate/inaccurate ?

M1