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    • MA61
    • By MA61 15th May 17, 12:09 PM
    • 52Posts
    • 13Thanks
    MA61
    Preparing defence for County Court
    • #1
    • 15th May 17, 12:09 PM
    Preparing defence for County Court 15th May 17 at 12:09 PM
    Hi all


    I have consulted these boards and benefitted greatly from advice up to this stage. My court date is not much more than 2 weeks away. I called the court last week and was told that the claimant had paid the court fee so the hearing would be going ahead and that I should submit any further evidence two weeks in advance.


    Is it okay to start posting here with a view to preparing well for the big day? Is there anything specific which would help please? Or should I just start giving a background, details of correspondence and a copy of my hastily put together written defence, along with what I aim to rely on (which isn't an awful lot, if I am being honest )


    I have winged it up to now and one of the regulars on here kindly said that I should wing it no longer as they were there to help. I am so very grateful for both the practical advice and moral support received until now!


    Thanks as ever
    A
Page 2
    • MA61
    • By MA61 16th May 17, 10:53 PM
    • 52 Posts
    • 13 Thanks
    MA61
    They won't produce evidence on the day, they'll send you their WS & 'evidence' within a few days as they are under the same deadline as you. Then you battle it out at the hearing, on the evidence shown by both sides (you and them). Not about POC.
    Originally posted by Coupon-mad
    Thanks for the clarification. So I am basically !!!!ed then, I don't know what the basis is of their claim so I have to second guess it, and as I have left it too late what with everything else I have going on (dealing with Father's estate, caring for 80 year old Mother - and consequently living away from home where my post goes) I don't have time to construct something which will counter every eventuality. I will go along on the day but after several months of stubbornness I am about to give up. I've spent hours reading forums (and rules and practice directions) and am still none the wiser really - or rather, maybe I am, but just do not have the time to construct everything by the deadline. Feeling very glum now.
    • Coupon-mad
    • By Coupon-mad 16th May 17, 11:06 PM
    • 45,773 Posts
    • 58,742 Thanks
    Coupon-mad
    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 in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • MA61
    • By MA61 16th May 17, 11:13 PM
    • 52 Posts
    • 13 Thanks
    MA61
    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!
    Originally posted by Coupon-mad
    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
    • By Coupon-mad 16th May 17, 11:21 PM
    • 45,773 Posts
    • 58,742 Thanks
    Coupon-mad
    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!
    Last edited by Coupon-mad; 16-05-2017 at 11:24 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • MA61
    • By MA61 19th May 17, 9:44 AM
    • 52 Posts
    • 13 Thanks
    MA61
    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
    • By Coupon-mad 19th May 17, 9:48 PM
    • 45,773 Posts
    • 58,742 Thanks
    Coupon-mad
    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.

    Last edited by Coupon-mad; 21-05-2017 at 5:37 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • MA61
    • By MA61 21st May 17, 10:59 AM
    • 52 Posts
    • 13 Thanks
    MA61
    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
    • By Lamilad 21st May 17, 11:47 AM
    • 575 Posts
    • 1,189 Thanks
    Lamilad
    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
    Originally posted by MA61
    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
    • By Coupon-mad 21st May 17, 5:40 PM
    • 45,773 Posts
    • 58,742 Thanks
    Coupon-mad
    Thanks as ever will do the research. Funnily enough I'm studying law part time with the OU so this is actually reasonably interesting
    Originally posted by MA61
    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.




    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 in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Lamilad
    • By Lamilad 21st May 17, 7:03 PM
    • 575 Posts
    • 1,189 Thanks
    Lamilad
    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?
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