Direction Questionnaire query

[asd175]

Hello,

having filed a defence to a PCN last month I have recently received a direction questionnaire from the parking company in question.


Am I correct in thinking I should also receive a direction questionnaire form from the court (MCOL) for myself to complete and to return to both the court and parking company?


Would the court not send out the direction questionnaire form to both parties at the same time?

Thank you.

[warwick65]

Re: Direction Questionnaire query

Have you checked MCOL to see what the status is?

[charitynjw]

Re: Direction Questionnaire query

This is sometimes an indication of the Claimant's intention to proceed with the claim.

As [MENTION=98117]warwick65[/MENTION] says, phone the court for an official status update.

[charitynjw]

Re: Direction Questionnaire query

Why not post up details? (suitably redacted, of course).

If you do, do not reveal who was the driver, even by intimation.

[asd175]

Re: Direction Questionnaire query

Hi thank you for responses.

Details are as follows:

Overstay at car park by 1 hr 15 (did pay for 4hrs) . PCN issued via ANPR machine.

Appealed via POPLA, which was rejected. No evidence provided to myself before case went to adjudicator.

Looking over the POPLA paperwork at a later date the contract with the landowner used was out of date.


Court proceedings started via MCOL.

ASOS submitted. (noted on MCOL system)

Defence written (with help) & submitted. (noted on MCOL system)

Direction Questionnaire received last week from parking company

The MCOL system hasn't anything mentioning Direction Questionnaire, sent out or anything along them lines. Which I find strange, Do the parking companies pre empt these and send them out earlier? I will certainly call them next week to ask where my case is upto.

If you need anything particular scanning and attaching let me know which documents you would like to see.

Thank you again.

[charitynjw]

Re: Direction Questionnaire query

Hi pdug175

MCOL is just a method of initiating a claim & managing the case up to allocation via Northampton Bulk Centre.

But the process is governed by Civil Procedure Rules & associated Practice Directions.

The DQ is part of this, & must be complied with in a timely manner. Failure to do so may lead to sanctions.

As previously stated, companies/solicitors often send a copy of the DQ to the other party as well as the court.
But it has been known for them to send it just to the other party, perhaps in the hope that the other party will cave in.
Phone the court; get your info from the engineer, not the oily rag.

[charitynjw]

Re: Direction Questionnaire query

Have you used any other arguments in your submitted defence? Defective signage, poorly lit or badly situated? Defects in the Notice to Keeper? Anything else?

[asd175]

Re: Direction Questionnaire query

Would it be ill advisable to post the defence I put forward even without the incriminating information excluded, given the parking company could identify me?



Also, perhaps a key point. Who would be classed as the landowner, the freeholder... or the leaseholder of said land?

[charitynjw]

Re: Direction Questionnaire query

The landowner is usually whoever is on the Land Registry.
https://www.gov.uk/search-property-i...-land-registry

There could be quite a chain between them & the parking management company.

As regards posting info on a forum, it's always a trade-off between being identified & (hopefully) finding out some info that you were not previously aware of or privy to.
Just be careful not to identify who was driving & make sure all personal identifiers (inc reference no's) are redacted.

[asd175]

Re: Direction Questionnaire query

Hello again,

thanks for your replies to my topic. I hope the information shared here can help others.





After waiting a while, Parking eye replied to my defence which I filed with the court, address my defence point by point. I still never heard anything official from the court, so I was sceptical they would take this any further. After a few emails to MCOL, they informed me the case had 'stayed' and last week I received a letter from the parking company informing me they would be not be proceeding with court.



My understanding of the court procedure is sketchy but I get the feeling their Direction Questionnaire was sent to me and never the court. Their 70 page defence rebuttal addressed my defence points individually, but the remainder was a cut and paste job, with information they presumably send to everyone. Bevis Bevis Bevis...... Again, probably never sent to the court.


Their last two correspondence are perhaps their last throw of the dice that you will cave in and settle out of court, as means to intimidate that they will take it all the way...

spurious nonsense clogging up the court system. Thanks again

[emanresu]

Re: Direction Questionnaire query

spurious nonsense clogging up the court system.

Unusual for PE - but perhaps they have an eye to being in DCLG's good books for a while.