UKPC, Court Claim Form

moe123

Took all the key parts out of it.. Anyone have anymore? the court date is in two weeks.. walking in with lets say 5+ court cases similar to my case should that be enough? What else should be taken to court? In the thread it mentions not to mention the person driving.. in court if asked who driving what is the response?
Should the main focus of the defended be on the contract law and how it is a forbidding sign ? No evidence or Part 18 response have been sent

bod1467

moe123 wrote: »

in court if asked who driving what is the response?t

"An interesting question but ultimately irrelevant. The claimant is making their case against myself as vehicle keeper, as such I am defending their claim as vehicle keeper. There is no compulsion within law for the driver to be identified".

Is one way of responding.

Coupon-mad

moe123 wrote: »

Took all the key parts out of it.. Anyone have anymore? the court date is in two weeks.. walking in with lets say 5+ court cases similar to my case should that be enough? What else should be taken to court? In the thread it mentions not to mention the person driving.. in court if asked who driving what is the response?
Should the main focus of the defended be on the contract law and how it is a forbidding sign ? No evidence or Part 18 response have been sent

Make sure you take your 'authorities' in triplicate and have your defence organised in a file so you can find relevant parts and evidence, photos etc. quickly if the Judge doesn't seem impressed with one point in your defence and wants to move on.

Bargepole says this in his summary linked in the NEWBIES thread under 'Small Claim?'

In the event that the PPC proceeds all the way to a contested hearing, you must attend court on the date and time specified. You can bring a friend or relative to speak on your behalf as a Litigation Friend. These hearings are informal affairs, conducted in a side room with the Judge and both parties sitting around a table – no wigs, gowns or jury.

The Judge will (or should) have read the papers beforehand, and will invite both the Claimant and Defendant to summarise their case. It is therefore essential that you have read, and fully understood, your defence statement, and that you are prepared to make the arguments.

After hearing all the arguments, the Judge will either find for the Claimant, in which case you have to pay within 21 days, or find in favour of the Defendant, which means you owe nothing. If this happens, have a statement of your costs ready to hand to the Judge (see CPR 27.14) and he may make an order for the Claimant to pay your costs.

The eventual outcome can be a bit of a lottery, as different Judges in different courts seem to vary widely in their application of the relevant law. This is why preparation, preparation and more preparation are essential.

moe123

The evidence has been sent...

They claim to have contracts and have the peoples names and contact details also the signs are slightly different then stated before the difference being " vehicles parked with a valid parking permit fully displayed within the windscreen when parked wholly within the confinesof a marked bay appropriate for the permit on display"

If someone could advice and please a link to cases or were i can find them!

moe123

Is it still possible to contact the landowners and speak to them directly ?

moe123

When is the skeleton defense given in? on court date?

Coupon-mad

moe123 wrote: »

The evidence has been sent...

They claim to have contracts and have the peoples names and contact details also the signs are slightly different then stated before the difference being " vehicles parked with a valid parking permit fully displayed within the windscreen when parked wholly within the confinesof a marked bay appropriate for the permit on display"

If someone could advice and please a link to cases or were i can find them!

A link to which cases?

Google:

'Parking Prankster case law'

That should help, if you have a case in mind that you have adduced in your defence and want the transcript for.

When is the skeleton defense given in? on court date?

No, you send it with your witness statement to the court and claimant/their solicitor, not less than two weeks before the court hearing date, as Bargepole says in his summary linked in the NEWBIES thread under 'Small Claim?'

You should have looked at that post now, not just read my brief quote from it?

moe123

Its less then 10days before and hasnt been sent! and no witness statement! shoot myself in the foot

Coupon-mad

moe123 wrote: »

Is it still possible to contact the landowners and speak to them directly ?

Yes to vent your anger - but too late to expect any outcome, at this stage.

Coupon-mad

moe123 wrote: »

Its less then 10days before and hasnt been sent! and no witness statement! shoot myself in the foot

Well, send them 1st class to all parties in the morning - and hope the court lets it through. Small claims are a lottery.

That's why I kept saying refer back to Bargepole's summary at each stage. You need to know what to do and who to send stuff to, by when.

Your letter from the court would also have told you this, the fact you were expected to follow the direction to send your witness statement(s) to the court and claimant/solicitor, not later than 14 days before the hearing date they gave you.