Small court claim.. needed to defend advice needed on writing the defence.

nosferatu1001

go ONLINE using the details given on the form. Do that NOW, IMMEDIATELY

Follow the instructions however do NOT start your defence. That must be left completely, utterly and totally blnak. You Will NOT be putting your defence to the court online - you will do it via email, printed, signed and scanned to PDF email.

Do not contest jurisdiction. Dont panic that it shows northampton, that gets sorted next.

KeithP

poreilly wrote: »

Hi,
The driver rang the county court yesterday...

Surely the keeper rang?

Remember, it is the keeper who is the defendant.

poreilly

Hi,

is this ok to send off now? via the signed, scanned, send route?

Many thanks

Lamilad

poreilly wrote: »

Hi,

is this ok to send off now? via the signed, scanned, send route?

Many thanks

Well not unless you have completed the edits advised on page 2. You haven't said whether you have or not and you haven't posted a revised draft.

Plus you still have PoFA stuff in there despite the fact you have already outed yourself as the driver

Claimant cannot hold registered keepers liable in law, due to their own choice of non-POFA documentation.

poreilly

yes sorry reposted on page 2,
The driver thought they had got rid of all the POFA stuff.....
The driver received an letter yesterday from the car park agency which was posted on the 11th October it is a particular of claim... why has this taken so long to get to the driver?

Do you think it would help if the driver gets proof of being in the hotel? The hotel was rang earlier on in the claim and they said there was nothing they could do but seems silly all this over a free car park?

poreilly

So after this letter is sent off then The defence part of the letter can be filled in with supporting evidence?

Can witness letters be attached proofing attendance of the wedding fair in the hotel?
With copyies of the emails previously sent addressing the appeal process?
Pictures of the space with evidence of the none avaibilty of the signs in the car park?

Redx

evidence comes much later down the process when a local court and judge have been allocated

witness statements can and should be included, plus anything else like photos etc

have you READ the walkthrough by member BARGEPOLE ?

it would help if the hotel provided a witness statement supporting the defendant , BEFORE the DQ stage

poreilly

How long is the process..??
I just thought you sent that letter of then filled in the form and a decision came from that?

I shall look for that now
Thankyou

Umkomaas

poreilly wrote: »

yes sorry reposted on page 2,
The driver thought they had got rid of all the POFA stuff.....
The driver received an letter yesterday from the car park agency which was posted on the 11th October it is a particular of claim... why has this taken so long to get to the driver?

Do you think it would help if the driver gets proof of being in the hotel? The hotel was rang earlier on in the claim and they said there was nothing they could do but seems silly all this over a free car park?

The driver thought they had got rid of all the POFA stuff.....

Oh dear ..... NO! ‘The appellant thought .....’ :doh:

The driver received an letter yesterday from the car park agency which was posted on the 11th October it is a particular of claim... why has this taken so long to get to the driver?

You need to read and understand this:

https://forums.moneysavingexpert.com/discussion/5735738

Do you think it would help if the driver gets proof of being in the hotel? The hotel was rang earlier on in the claim and they said there was nothing they could do but seems silly all this over a free car park?

Marginal. Get it if you can for potentially later use if it gets to court. But if the hotelier is washing his hands of it, I’m not sure how it really helps.

But get this defence right and it won’t get to court.

Lamilad

The driver received an letter yesterday from the car park agency which was posted on the 11th October it is a particular of claim... why has this taken so long to get to the driver?

You need to write to the court and complain about the late service as per this advice from the thread Umkomaas linked you to. You may be able to get the claim struck out:-

What CEL do next is fail to file the further PoC within the 14 day time limit. (They send them much later - see below).

At this stage it is open to a Defendant to draw this to the court’s attention and ask for the claim to be dismissed unless CEL apply for relief from sanctions under CPR rule 3.9 or an extension of time for service. Technically if PoC are then served without permission they are invalid.

Most Ds do not realise this and mistakenly file their AoS/defence and don’t make any complaint.

Precedent complaint letters are posted on other CEL threads from this week and I will link them in on Monday.

CEL then serve the PoCs which are backdated, and are sent with a backdated letter which gives the impression they are in time (lots served this week dated 11 Oct but not posted until 24/25th).

Look at your envelope - compare the date stamp on it to the date on the PoC. Keep your envelope as evidence of late service.

If there is a discrepancy meaning the PoC have been served out of time you need to write to them and the court to complain and ask for the claim to be struck out in the absence of CEL making an application for relief from sanctions under CPR 3.9. Precedent letters are on other threads from this week. I will try to link them in on Monday.

Add to these letters a complaint that the documents specified in R7.8 have not been served on you.