Small Claims Court - Defence Question

whenisayjump

Hello,

I was wondering if anyone could help me with some advice.

Do you know if I am able to submit further evidence after my initial defence when dealing with a parking fine?

I'm at the point where I have an N180, having already acknowledged a claim.

Regards,

bargepole

whenisayjump wrote: »

Hello,

I was wondering if anyone could help me with some advice.

Do you know if I am able to submit further evidence after my initial defence when dealing with a parking fine?

I'm at the point where I have an N180, having already acknowledged a claim.

Regards,

You haven't got a parking fine. Only councils or police can issue those. You have a speculative invoice from a private parking company, different thing altogether.

The N180 is simply a mechanism to get the case on to the small claims track, and to get it transferred to your local court. You don't provide any additional defence info at this stage.

Once your local court has allocated a hearing date, they will also specify a date by which Witness Statements must be served. You then provide a fully detailed witness statement, together with your skeleton argument outlining all the main points of defence, together with any transcripts or other documents you wish to rely on.

whenisayjump

I must remember these aren't fines, helps with the mindset!
Will the judge have my 'initial defence' in front of him? I presume if I elected to submit no further arguments that is all he would have to go on.

bargepole

whenisayjump wrote: »

I must remember these aren't fines, helps with the mindset!
Will the judge have my 'initial defence' in front of him? I presume if I elected to submit no further arguments that is all he would have to go on.

Correct. But don't do that.

whenisayjump

Am I able to attach a cover letter to my DQ asking the court to recommend POPLA as an alternative to court action as I think it would be more appropriate?

Thanks :beer:

bargepole

whenisayjump wrote: »

Am I able to attach a cover letter to my DQ asking the court to recommend POPLA as an alternative to court action as I think it would be more appropriate?

The DQ goes back to Northampton, which is simply an admin centre for dealing with court claims. The staff there aren't in a position to make such a ruling.

Any covering letter will simply be forwarded with the case file to your local court, and it's unlikely that a Judge will look at it until just before the hearing.

whenisayjump

bargepole wrote: »

The DQ goes back to Northampton, which is simply an admin centre for dealing with court claims. The staff there aren't in a position to make such a ruling.

Any covering letter will simply be forwarded with the case file to your local court, and it's unlikely that a Judge will look at it until just before the hearing.

Would you recommend ticking the mediation box on the DQ? Everyone seems to think it makes you 'look good',

kirkbyinfurnesslad_2

whenisayjump wrote: »

Would you recommend ticking the mediation box on the DQ? Everyone seems to think it makes you 'look good',

Whos everyone?

The_Deep

Indeed tick the box, but insist on Popla.

Popla is not really mediation however, mediators try to strike compromises between parties, Popla fall on one side or the other, depending on the argument.

However, if the court accepts that Popla is mediation, do not argue with them, you will win at Popla if you go for one or more of the usual suspects.

salmosalaris

personally I would tick no to mediation because there is nothing to negotiate .
I would though send a letter with your DQ asking the court to consider referring the matter to POPLA as has been done in other cases. POPLA is the industry's own ADR process and the most suitable vehicle to resolve any dispute

whenisayjump

salmosalaris wrote: »

personally I would tick no to mediation because there is nothing to negotiate .
I would though send a letter with your DQ asking the court to consider referring the matter to POPLA as has been done in other cases. POPLA is the industry's own ADR process and the most suitable vehicle to resolve any dispute

That's what I was thinking, but the poster above said:

Any covering letter will simply be forwarded with the case file to your local court, and it's unlikely that a Judge will look at it until just before the hearing.

I'm just a bit confused, really. I appreciate all help!