Court Claim Form received - advice please.

Quentin

cosmic4z wrote: »

Can you please refer me where I can point her to to get help? I did try some other site a month or so back, but they wouldn't help because there was an active thread on the matter here......

Interesting


Can you tell us where this was

Coupon-mad

It was the BMPA, Quentin; I am a founder member (but I don't run it or reply to people on the website, nor can I take the credit for writing the very useful pages of info - the author knows who they are and how much the resource is appreciated, I hope).

The BMPA emailed me a while back about this case and checked we were OK to keep it here where the OP was getting lots of good advice the BMPA was happy with. Saves duplication of work.

cosmic4z

Just to update. We got witness statement from other side this morning. Is it automatic case lost if we haven't filed one? Can we request to pay amount owed (if we lose) in instalments?

Quentin

1) No - but why didn't you??


2) You can ask, but bear in mind that if you do lose and don't pay it off in full within a month from the judgement then the CCJ remains on the record (and your credit files) for 6 years irrespective of when you finally clear it off

Coupon-mad

cosmic4z wrote: »

Just to update. We got witness statement from other side this morning. Is it automatic case lost if we haven't filed one? Can we request to pay amount owed (if we lose) in instalments?

Obviously you file one this week, even if late, and don't draw attention to it.

You been here MONTHS, you know a WS is needed and it's only the simple story of what happened and your defence in your own words...really EASY stage but vital because it's when you get to file your evidence, transcripts of cases, photos, etc.

Right now, you have no evidence filed. You have dropped the ball so kick it back in!

nosferatu1001

Indeed, and why havent you filed one? You knew of the date well in advance. It could not have been a surprise.

Just get one written TODAY and file post hast e- one to court, one to claimant. Do it. Dont prevariacte and ask if you really can, yes, you can, just GET ON WITH IT

cosmic4z

I very much want to file one.


I apprecieate it seems easy to you guys; to me though, it just looks like a big pile of mush that I can't make any coherent sense of. It's like my brain has just gone in to meltdown, brain-freeze, nervous breakdown kind of thing, over this. It's not a simple task like laying a brick wall; it's more like being asked to write a story, only, in a language that you don't understand; you can't 'just GET ON WITH IT'. I think when you're overwhelemend, and you don't know how to do a thing, people shouting at you doesn't really help; what actually helps is patience, an appreciation that someone is struggling (finding incredibly hard something you yourself consider incredibly easy), and a willingness to break things down for that person in such a way they can comprehend and achieve: i.e. bite sized, digestable chunks.



Anyhow, right now, I have a witness statement template; just the header bit.

I'm intending to populate it with what happened on the day, from the perspective of my mom.


I'm going to add items of evidence after that. I can't think right now what they might be, other than copy paste webpage relating to the Norwich City Council case against Blue Badge Holder.

Quentin

cosmic4z wrote: »

I very much want to file one.

. ......It's not a simple task like laying a brick wall; it's more like being asked to write a story, only, in a language that you don't understand; you can't 'just GET ON WITH IT'.....

But you do write it in your own language (not in legal speak!) - see the examples linked in the FAQ (#2)

nosferatu1001

You hadnt explained any of that before, so how could we guess? We cannot mind read. We know the info you put here, nothing more.

Youre not writing in legal language. You are writing a simple, concise account of the events around this case. Set it out logically - the defendant is the keeper of vehicle X on the date in question, then what happened on the day if you know, what happened after etc.

You need eivdnce to support your defence.

Coupon-mad

All you are writing is ''I am xxxx and I ... (story of what letters were received and what you did, if you appealed...'' then explain the disability situation and how the Equality At applies, which has already been fully explained to you 2 months ago.