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County court claim..defence?

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Comments

  • Inapickle01
    Inapickle01 Posts: 18 Forumite
    So tomorrow is the day!

    Hand delivered to court. Emailed claimants solicitors, CCing the court and myself. (2 weeks ago)

    Have my bundle ready. Have a spare for the judge, not sure why I done this just being super prepared I guess.
    Also have a copy of the lay rep doc to hand to court clerk.

    One thing I forgot to ask. Do I ask the claimants solicitor if they have the rights of audience? Or is it worded differently to that?
  • Coupon-mad
    Coupon-mad Posts: 161,311 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No, if you want to try that first, you hand over the paperwork about RoA to the Usher on arrival and say you wish to raise a preliminary matter with the Judge.

    Then once in the room you ask the Judge to read the Preliminary papers and to question whether the rep has Rights of Audience (regardless of whether the Judge has seen him/her before).

    Lamilad has a pre-prepared link to a Preliminary Matters document about RoA.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Inapickle01
    Inapickle01 Posts: 18 Forumite
    Thank you for all your help.

    We got the date wrong. Hearing was Wednesday. In bold the claim form states 6 June 2018. This is for the trial fee not the hearing.
    My own fault for misreading.
    I assume it's a default loss. Court didn't know the outcome all they said was it's a 10 day wait.
    Absolutely gutted. Thanks for all your time and input guys.
  • Inapickle01
    Inapickle01 Posts: 18 Forumite
    Just out of curiosity; if you inform the parking company of the driver and they admit liability can they still pursue the registered keeper or can they only pursue the driver?
  • Coupon-mad
    Coupon-mad Posts: 161,311 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They can only pursue the driver if they have their name and address.

    Gutted you got the date wrong.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • System
    System Posts: 178,428 Community Admin
    10,000 Posts Photogenic Name Dropper
    I assume it's a default loss.

    No. The judge will look at the facts and judge accordingly. After all this is a Gladstone's pack.

    Let us know when you hear back.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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