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Preparing defence for County Court

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  • Coupon-mad
    Coupon-mad Posts: 130,572
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    No you are not stuffed, my Goodness how many times on here do we have to reinsert backbones! This is NORMAL for these cases and we win them 99% of the time.

    Just do your WS and then when you see theirs, show us a link to their drivel next week. Your WS is really SIMPLE, nothing to construct.

    Get a grip, everyone manages this and it's well worth the fight.

    Of course your WS can point out you have no idea of the basis of the claim!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • MA61
    MA61 Posts: 111
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    Coupon-mad wrote: »
    No you are not stuffed, my Goodness how many times on here do we have to reinsert backbones! This is NORMAL for these cases and we win them 99% of the time.

    Just do your WS and then when you see theirs, show us a link to their drivel next week. Your WS is really SIMPLE, nothing to construct.

    Get a grip, everyone manages this and it's well worth the fight.

    Of course your WS can point out you have no idea of the basis of the claim!

    Sorry, I seem to spend hours of my life dealing with absurd bureaucracies and corporate bullies (or at least, incompetents) on behalf of my family as well as myself, My life seems like a Kafka novel sometimes. ;-)

    I'm a stubborn !!!!!!! but all this !!!!!!!! takes up inordinate amounts of time and sometimes I have a strop :-D. Thanks for your advice and support.
  • Coupon-mad
    Coupon-mad Posts: 130,572
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    edited 16 May 2017 at 10:24PM
    Yep, I agree! What we do here takes up inordinate amounts of time and sometimes I have a strop too!

    But it IS worth the fight.

    Your WS is just that, a basic statement from you, as witness, about your position re what was/wasn't received, in this case, telling the Judge you have no clear idea of the basis of the claim, due to the lack of full particulars, so if and when you see a Statement and any evidence (at last) from this Claimant, you may need to respond again and intend to file a skeleton argument once you are aware what the claim is about.

    And that you would expect their 'witness' to attend court to be questioned on the handling of the claim and why no evidence of particulars were filed until the WS stage (if they do) which will smack of an ambush. You could add in general terms that you were not the only driver of the car at the material time but can vouch that no driver would have parked at any location without authority of the landowner/party in possession but you await the basis of the case, to know how to answer fully and in order to assess what evidence may be relevant to assist your defence.

    You could always finish by inviting the Judge to vacate the hearing and strike the claim out due to the failure of the claimant to file any basis of the claim. You never know!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • MA61
    MA61 Posts: 111
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    Thanks for your guidance, I submitted my WS. It was a bit half-!!!!!d and focussed more on the fact that the claim was spurious and had no basis and no evidence had been produced and that I would only be able to prepare a defence once I had received a compliant PoC and knew whether it was breach of contract, trespass etc, however it is better than nothing!

    Part of me hopes that they don't bother making the 230 mile journey (naively assuming their solicitors are in fact actually based in Cheshire) and the claim gets struck out.
  • Coupon-mad
    Coupon-mad Posts: 130,572
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    edited 21 May 2017 at 4:37PM
    The solicitors don't turn up, they send a local hired gun (often a legal rep with no Right of Audience, like here):

    http://forums.pepipoo.com/index.php?showtopic=113246

    and here (one of two wins reported here today, along with the win by NtG):

    http://forums.moneysavingexpert.com/showthread.php?t=5645061

    You need to know how to challenge RoA by reading threads & the Parking Prankster's Blog, which gives you the Law Gazette link & case law.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • MA61
    MA61 Posts: 111
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    Thanks as ever will do the research. Funnily enough I'm studying law part time with the OU so this is actually reasonably interesting

    No WS or any other papers have been sent to me, I am not sure whethr I understand the significance of that though.

    Regards
    A
  • Lamilad
    Lamilad Posts: 1,412
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    MA61 wrote: »
    Thanks as ever will do the research. Funnily enough I'm studying law part time with the OU so this is actually reasonably interesting

    No WS or any other papers have been sent to me, I am not sure whethr I understand the significance of that though.

    Regards
    A

    Depends how close you are too your hearing. If they're only a few days late the court won't care. If they're very late (less than 7 days before the hearing) that's different and you can request the claim is struck out.

    However it's more likely the judge will adjourn and reschedule. If that happens you claim you wasted costs for travel, parking and taking a day off work

    Ring the court and ask if they've received the claimants bundle. If not tell them you want this failure recorded on your case notes. Do the same every couple of days
  • Coupon-mad
    Coupon-mad Posts: 130,572
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    MA61 wrote: »
    Thanks as ever will do the research. Funnily enough I'm studying law part time with the OU so this is actually reasonably interesting

    Great - now we know that, we will expect you at the hearing to nail the rep on ROA, and get him/her excluded, and then to press the Judge for the claim to be struck out due to the non-appearance of the claimant.

    :D


    Lamilad has a 'Preliminary Matters' sheet you can use as prep, I think (I've been too busy at work to do more than advise on forums recently).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
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  • Lamilad
    Lamilad Posts: 1,412
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    press the Judge for the claim to be struck out due to the non-appearance of the claimant.
    Have they written to you to advise that the claimant will not attend and will instead send an advocate to represent them?
  • MA61
    MA61 Posts: 111
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    Coupon-mad wrote: »
    Great - now we know that, we will expect you at the hearing to nail the rep on ROA, and get him/her excluded, and then to press the Judge for the claim to be struck out due to the non-appearance of the claimant.

    :D


    Lamilad has a 'Preliminary Matters' sheet you can use as prep, I think (I've been too busy at work to do more than advise on forums recently).

    Well I'm only doing an introductory module, I'm not quite Rumpole of the Bailey, at least not yet :D

    Preliminary matters sheet I will search for, thanks.
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