PCN & Loan Car From Dealership

Bigmatt0811

IGNORE - JUST READING BARGEPOLES RESPONSE!!! Sorry jumped the gun!!!

:-)

Hi Guys
I submitted the defence on the 9th July and I have now received a further form "Notice of Proposed Allocation to the Small Claims Track"and a "Directions Questionnaire"
This has to be submitted to the court by the 26th July.

Do I agree to the case being referred to the Small Claims Mediation Service?

If I wanted a second person at the hearing (should it still go that far) then do I need to notify under this form as it appears that this is where you document the witnesses - there are no material witnesses apart from the person who was named as the registered keeper at this point. I read in one of the cases where Lamilad supported the forum member - does this have to be highlighted at this point, or is this a case of just filling it in with my local county court for it to be heard at?

Look forward to your replies!

Cheers

Bigmatt0811

Update to this case:
Excel parking had till 4pm yesterday (08/11) to file the papers and pay the £25 trial fee which I have had confirmed this morning that they have done so and the hearing date is 6th December @ 11am, so I am now going to be preparing in a lot of detail the defence.

So any tips where to look initially are very welcome!!!

Quentin

See #2 in the newbies FAQ thread for advice on how to defend and prepare a WS

Put it up here before sending it for comments

Castle

Quentin wrote: »

See #2 in the newbies FAQ thread for advice on how to defend

Put your draft defence up here for comments before sending it

According to post 22 the defence was filed on 9th July; so this is probably the witness statement stage.

nosferatu1001

Indeed

You are LONG past "preparing the defence" - what you submitted before IS your defence, unless you pay to amend it

What you are doing now is preparing witness statement and associated other evidence that you will submit to the court

KeithP

Bigmatt0811 wrote: »

...the hearing date is 6th December @ 11am, so I am now going to be preparing in a lot of detail the defence.

So any tips where to look initially are very welcome!!!

What is the date that your Witness Statement is due?

Bigmatt0811

Witness statement has to be in on Wednesday this week - I am free all day today - have received Excels - so today is writing the statements and posting by SD so it is guaranteed to be there.

Bigmatt0811

In preparing the Witness Statement do I have to confirm who the driver was as this has never been disclosed and on Excel's initial appeal rejection they said they driver had to appeal in their own name

nosferatu1001

When youve read other witness statements, do they give away the drivers identity?

Not usually...

So no, you can state you do not know (if true), or are not require to name the driver and it is the claimants duty to provide evidnece as to the drivers identity.

Bigmatt0811

Thank you - I will word it accordingly

In Excels WS they have stated that they have held the authority to implement a parking scheme since Aug 2014 and there is no notice of termination and remain contracted to enforce parking up to date. They have sent me a copy of a Leaseholder Witness statement dated 14th November 2018 which says they are the Leaseholder till Aug 2020 . Earlier this year the car park closed and I have just been to check and it is now run by Euro Car Parks - should this be highlighted as it will make their witness statement incorrect? I will try and contact Euro Car Parks to see if they can give me a date of when they took over.