£860 Private Parking County Claim - Urgent Help!

nosferatu1001

!) witnessses. Not really. Id expect no actual witness to turn up regardless of what they say on the DQ.
2) Assume a hearing is going ahead and prepare for it. .Thats the most straightforward answer. Any thing else is a gamble.
3) DQ being signed by an individula - utterly and completely irrelevant.

Jonathon365

Thanks everyone. I can't even begin to tell you how much I appreciate the help from this forum.

I have submitted the directions questionnaire.

I will now wait for their response and for them to respond to my request for data via the data protection act.

Thank you again!

Jonathon365

Today the keeper received a 'Notice of Transfer of Proceedings' document, where the claim has been transferred to the County Court Hearing Centre.

@RedX does mean the claimant has paid the fee and the case will now 100% be allocated?

Thanks

Jonathon365

Secondly, I have still not heard back from my request for data letter under the data protection act. I used a template online and included £10 (I heard they try and avoid giving you the info if you haven't included the £10).

Do you know if I should follow up and contact the claimant? The data would be very useful before any hearing.

Castle

jordan365 wrote: »

Secondly, I have still not heard back from my request for data letter under the data protection act. I used a template online and included £10 (I heard they try and avoid giving you the info if you haven't included the £10).

Do you know if I should follow up and contact the claimant? The data would be very useful before any hearing.

Have they cashed the cheque and are the 40 days up?

Jonathon365

No on both counts. It's the former that worries me. I'd expect them to cash the cheque long before the 40 days are up. Do you how long it is into the 40 days that it usually gets done?

Again, according to BMPA the claimant has never taken anyone to a hearing before, so I am concerned their lack of experience may mean they fail to comply.

Redx

jordan365 wrote: »

Today the keeper received a 'Notice of Transfer of Proceedings' document, where the claim has been transferred to the County Court Hearing Centre.

@RedX does mean the claimant has paid the fee and the case will now 100% be allocated?

Thanks

no , clearly you are not reading up on the procedures

so read this

http://www.howtotakesomeonetocourt.info/joomla/explaining-the-small-claims-process.html

Jonathon365

Hi Redx,

I appreciate your help and have offered my gratitude throughout.

Please be assured - I have thoroughly researched the proceedings and feel well informed of each stage. - I am aware the claimant has to pay a fee at 'Notice of Allocation' stage.

From both the link you shared and my own reading, I was unsure whether the fee mentioned above is paid and then the transfer of proceedings is initiated. From what you have said, I now believe this not to be the case.

Redx

both of you have received court letters telling each of you what needs to be done next

in their case, they will be told to pay the hearing fee as well as submit documents etc (if they wish to proceed)

YOU should be assuming that they will , but more to the point YOU should concentrate on your own paperwork and deadlines , not worry about theirs or if they have paid the hearing fee or not

Castle

jordan365 wrote: »

No on both counts. It's the former that worries me. I'd expect them to cash the cheque long before the 40 days are up. Do you how long it is into the 40 days that it usually gets done?

Again, according to BMPA the claimant has never taken anyone to a hearing before, so I am concerned their lack of experience may mean they fail to comply.

The reason they haven't cash the cheque is deliberate; so that when challenged, they can simply say the SAR was never received. Send another copy by email and remind them when the 40 days period is up.