Civil enforcement limited claim form received

The_Deep

Then the obvious question is, how much did you screw out of them?

bluetoffee1878

TD it's in post #19

£201.56 and unlike their claim, these were actual or genuine estimated costs. This was me helping a colleague of Mrs Bluetoffee with the support on here from the usual suspects.

I got a nice bottle of Malbec from the grateful defendant which was more than enough gratitude.

Stuck2017

Thank you guys.
The notice of hearing does give a hearing date but is just a single page document which only states the following:
"TAKE NOTICE that an Allocation Hearing will take place on
(Date and time)
at (court name and address)
When you should attend.
45 minutes has been allowed for the hearing.
The purpose of the hearing is to consider the issues raised in the defence.
please note: this case may be released to another Judge, possibly at a different court"

There were no other details at all. I think I might give the court a call to check the date for submission of paperwork.

Coupon-mad

Oh, an 'Allocation Hearing' sounds like a preliminary one, to run through your defence (sounds like the court think you have a case, and you do, because you are not liable). See what others say, and clarify with the local court, if unsure.

Even if no WS is needed at this stage, take relevant evidence supporting your defence to this initial hearing, like your proof of earnings/travel and proof of the insurance document which names more than one driver (and any proof of you not being the driver, e.g. if you were at work or away that day).

And take a copy of the NTK, and a printout of Schedule 4, to show absolutely that their NTK is NOT a POFA one, and that they cannot hold a keeper liable in law. The Judge may not be familiar with this at all and will need walking through para 8 or 9, if not.

[Deleted User]

It's allocation. It's not the final hearing. It's to do with preliminary points like standing to bring the claim in the first place and disclosure/further questions that are unanswered.

Coupon-mad

As I thought. Wasn't sure how much ground will be covered in 45 mins.

Johnersh, presumably the Judge might ask the OP questions about their defence (how many drivers insured) and could actually strike out the claim on the spot, for poor particulars and no cause of action?

Stuck2017

Thanks for the clarification. I'll get the relevant paperwork together as you suggest. I think I'll check with the court regarding witness statement etc. And will, of course, provide any updates when I know any more!
Do you think that CEL will have been requested to attend too? Or is it more just for me to outline the defence points without the claimant being in attendance?

Coupon-mad

I expect they have been sent a copy too.

[Deleted User]

Prepare and prepare well, the court has wide case management powers.

Prepare as though it was trial. It's possible that the case could be thrown out, if you can convince the court (and they are minded to). But go in expecting a further hearing so you're not disappointed if that happens.

Stuck2017

Update on this case....
CEL did send a representative to the hearing but they were not well prepared and couldn't answer many of the judges questions (such as whether CEL are relying on POFA for this case). The CEL representative pointed out that I'd used a defence template off the internet (as if that isn't allowed). The judge didn't seem impressed with them, and even asked if they'd read my defence!
So the case was tracked to a civil hearing and the court ordered the claimant to provide me with several pieces of information by a set date- which they have not done.
I called the court and explained that the claimant hadn't provided me with the necessary information and asked if the hearing will still be taking place. They said it will.
I submitted my documents and witness statement in time but have received nothing from CEL.
I'm obviously going to point this all out to the judge on the day of the hearing.
Any additional advice?
Should I submit a skeleton argument before the hearing?
Thanks