Preparing defence for County Court

MA61

Lamilad wrote: »

Have they written to you to advise that the claimant will not attend and will instead send an advocate to represent them?

Well until now I haven't received anything (but I am away from 'home' as I care for my mother during the week and go to work from there). Been really busy with work this week and only just got round to calling the court this afternoon. It seems that they have received two statements from the claimant, on the 24th and 25th. I do not know if I have received anything from them. The woman at the court suggested speaking to the claimant to request it but as they (or rather Gladstones) have ignored all my correspondence I do not want to even bother with those scum (sorry, did I let my frustration boil over there??)

I am going to put together some bullet points over the weekend and I will know only on Monday if I have received anything in the post as I will be staying with my mother until then. Is it okay to post my points up here or do I need to be wary of the so-called solicitors reading it?

Thanks as ever for your help, I cannot convey just how much I appreciate it!

Lamilad

Is it okay to post my points up here or do I need to be wary of the so-called solicitors reading it?

Post anything you need advice on. Don't worry about the solicitors reading it.

It seems that they have received two statements from the claimant, on the 24th and 25th. I do not know if I have received anything from them.

Depending on what you have received we can advise further on the preliminary matters.

Well I'm only doing an introductory module

Not sure what you mean by this. Is it to do with your skeleton argument?

Umkomaas

Not sure what you mean by this. Is it to do with your skeleton argument?

More to do with the following than any skelly!

Funnily enough I'm studying law part time with the OU so this is actually reasonably interesting

MA61

Lamilad wrote: »

Post anything you need advice on. Don't worry about the solicitors reading it.


Depending on what you have received we can advise further on the preliminary matters.


Not sure what you mean by this. Is it to do with your skeleton argument?

unfortunately I won't get to my post (if they have indeed sent me anything) until tomorrow. I am still going to have a crack at putting some points together tonight and will keep you posted, thank you!

MA61

Umkomaas wrote: »

More to do with the following than any skelly!

Yes that's right. Just learning about basics about civil vs criminal law, the common law system, structure of English courts, European Law, Human Rights etc. Very basic stuff at present.

MA61

Due to circumstances beyond my control (my 80 year old mother's ill health the last few days) I have not been able to get home to check my post, when I had intended to do so over the weekend. I intend to go tomorrow afternoon or evening, in time for the hearing on Wednesday morning.

I have emailed the court and stated that the claimant had not filed their witness statement in accordance with the 14 day time limit (as set out in Direction 6 on the Allocation to Small Claims Track (Hearing) and at the time of writing I have had not had sight of their witness statements and have asked this to be taken into account (nice woman at the court when I phoned on Friday said they had received docs from claimant on 24th and 25th).

I have tried searching 'Lamilad preliminary matters' to no avail but I am tired, and it is late. I have been reading Part 27 of the Small Claims Track, in particular 27.9. I know I am flying blind here, but I know that that the document that was filed (and presumably) sent to me on that date has to notify me that the claimant will not be attending else it may be struck out.

(1) If a party who does not attend a final hearing–
(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;
(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and
(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,
the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.
(2) If a claimant does not –
(a) attend the hearing; and
(b) give the notice referred to in paragraph (1),
the court may strike out(GL) the claim.


https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14

I know that the other party's wilful incompetence is alone not enough to win me this (as its the facts that matter, and balance of probabilities), and I am probably up against it, but this is notionally how I intend to approach it:

1) Address the possible lack of compliance with the above Practice Direction

2) That the claimant's failure to file a witness statement within the 14 day limit has hampered my chances of defending the claim (I know the judge won't be interested in the fact that I haven't actually been at home since last Monday 22nd, my mum's 80th, so haven't been able to pick up post - but surely this kind of thing is the whole point of giving fair notice to the other party?)

[FONT=&quot]3) The Particulars of Claim provide no information regarding why the charge arose, what the original charge was, what the alleged contract was, whether the claim is brought for breach of contract or trespass, nor anything which could be considered a fair exchange of information. The Claimant’s solicitor has not stated on the claim form that particulars of claim will follow. This action has denied me a fair chance to defend the claim
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4) That the[FONT=&quot] Letter Before Claim did not provide sufficient information with respect to the basis of the claim and therefore does not reasonably facilitate any defence of it, nor was any alternative opportunity for resolution offered. In particular, it does not comply with the Practice Direction on Pre-action Conduct and Protocols specifically:[/FONT]
[FONT=&quot]2.1 [/FONT][FONT=&quot](2); 2.1 (3); 2.1 [/FONT][FONT=&quot](5) and[/FONT]

[FONT=&quot]2.2 [/FONT][FONT=&quot](1); 2.2 [/FONT][FONT=&quot](2)
[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]5) No correspondence with the claimant’s solicitors which sought to establish the basis for the claim, has been acknowledged or replied to

6) [/FONT][FONT=&quot]As no evidence of particulars have been filed, if such details are provided at the Witness Statement stage (if indeed they have been), then I believe this is tantamount to an ‘ambush’ and does not give me fair opportunity to defend the claim.

7) [/FONT][FONT=&quot]No driver would have parked at any location without the authority of the landowner / party in possession.

8) That no evidence has been provided to me (photographic) or otherwise that the vehicle in question was parked at the location at the date and time specified, nor that any appropriate conditions were not adhered to (i.e. absence of parking permit)

9) That the claim is therefore spurious and that I respectfully request that it be struck out, and that costs are awarded to the defendant [this one is a tough one, as even though I will be conduction a 240 mile round journey, and have switched my working days to attend the hearing, and it has taken me several hours to deal with these shysters, I don't feel as if I have much of a case to evidence costs].

I know I probably haven't prepared that well, but as I may have explained before, I'm doing this all while caring, working, studying and dealing with a load of other stuff (including anxiety and depression which paralyses me for whole days at a time). But I'm a stubborn !!!!!!! and the fact that this 'company' enforces parking in an area of social housing (vulnerable people) makes me really angry. The guy I know who lives there (and I was presumably visiting) has serious mental health issues for which he takes medication and would not provide me with a copy of his lease, for example, due to his paranoia.

Thoughts, as ever, appreciated please.

P.S. If I can persuade my friend tomorrow to provide me with a copy of his lease and/or a statement setting out that I was his visitor would that help at this late stage? So far he has been reticent.

P.P.S. Do I need to take proofs of posting for the (ignored) letters I sent to Gladstones with me? Reason I ask is because I have one, but the other will take some serious searching and want to know if its worth investing the time please.
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MA61

I have been trying, in my spare moments over these last few days, to get my head around Right of Audience, to bolster my points above. This post seems to be reasonably helpful, but I confess I do not have absolute clarity. Effectively, the person that is sent to argue on behalf of the claimant has to be a solicitor? http://parking-prankster.blogspot.co.uk/search?q=right+of+audience
Or is it that they have to be in some way registered with a regulatory body?

I have been looking at http://www.legislation.gov.uk/ukpga/2007/29/schedule/3 but I seem to be tying myself in knots. I don't wish to be high maintenance but would appreciate any pointers to help me get my head around the Right of Audience so I can raise this tomorrow morning please. Thanks ever so much!

Just about to drive home so about 8 or 9pm I will be able to see what (if anything) I have been sent by the Claimant.

With thanks
A

MA61

Ok I think I am going to just have to rely on this and see if I can wing it:

http://forums.moneysavingexpert.com/showpost.php?p=72471103&postcount=6

Will update when I get home and I can see what they have sent but time is running out. I guess I just turn up and give it my best shot. I just don't get why the onus should be on me to learn case law, regulations and directions when I am a lay person.

I might as well set up as a company and send spurious small claims to all and sundry with no evidence or justification and rely on their ignorance of the law to make a living, doesn't seem like a very fair system at all.

System

Who is the claimant?

safarmuk

For now try not to get hung up on RoA ... when you get home let us know what is in the post. People are on here late at night who can help you so when you get home get on here and post and bump your thread up to the top asking the pertinent questions you need answered.

When is your court date?