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Court Claim Form N1 Received for PCN 18 months ago

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13468913

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  • tonkasdog
    tonkasdog Posts: 72 Forumite
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    Hi guys, I have now received the Directions Questionnaire and have a couple of questions:

    1. Is bargepoles advice on this from 2016 still relevant? link here

    https://forums.moneysavingexpert.com/showthread.php?t=5546325

    2. The form states that copies must be served on all other parties as well as filed with the court, I'm guessing I can email this to the court as I did with the defence? The only address I have for CEL is on the original claim form so I guess this will need posting? I'm remember reading something on here about just sending first class and not record etc.. and something about a proof of postage receipt?

    3. Bargepole has the following for question D3 on the form:

    D3 = 1 witness (thats you) (or more if you are going to get another person to provide a statement)

    Would it be wise to see if the driver would provide a statement of some kind?

    4. Where the form is asking for "Your contact details" should I enter the company name under "Your full name" as it is the company that is the defendant or should I enter mine as the director?

    Was hoping I'd heard the last of this pantomime until this arrived

    Thanks in advance
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    1) It isnt from 2016, thats when the thread is from. yes it is still correct.
    2) Yes, first class free proof of posting. Email to court is fine.
    3) WOuldnt that out the driver? Do you want to do that?
    4) Enter full name, so it ges to you, would be my sugestion.
  • tonkasdog
    tonkasdog Posts: 72 Forumite
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    Thanks, yes good point about revealing the driver, second thoughts I'll sack that. Cheers
  • tonkasdog
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    Hi guys,
    I have now received a Notice of Allocation to the small claims track (hearing)
    The notice states that the judge considers the case suitable for mediation.

    The hearing is on the 12 Sept at 10am
    The parties shall by 4pm on the 15 Aug file at court and serve on each other any written evidence upon which the propose to rely.

    Could anyone offer any advice on this?

    Many thanks
  • KeithP
    KeithP Posts: 37,693 Forumite
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    tonkasdog wrote: »
    Could anyone offer any advice on this?

    Keep following Bargepole's advice that you mentioned in post #52.


    The NEWBIES thread really should be your first port of call - even before asking a question here.
  • tonkasdog
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    Thanks Keith, I have been reading that this morning, when I put my defence together I stated I didn't understand most of it, I was told "It doesn't matter as it won't get that far"
    Bargepoles last piece of advice is:
    "As with most things, good preparation is the key - make sure you know your arguments back to front and inside out, and can articulate them well on the day"
    This is concerning
  • KeithP
    KeithP Posts: 37,693 Forumite
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    tonkasdog wrote: »
    Hi guys,
    I have now received a Notice of Allocation to the small claims track (hearing)
    The notice states that the judge considers the case suitable for mediation.

    The hearing is on the 12 Sept at 10am
    The parties shall by 4pm on the 15 Aug file at court and serve on each other any written evidence upon which the propose to rely.

    Could anyone offer any advice on this?

    Many thanks
    When exactly did you receive that Notice?
    What is the Date on that Notice?

    You seem to be saying that they have given you three days notice to produce your evidence and Witness Statement.

    Is that right?
  • tonkasdog
    tonkasdog Posts: 72 Forumite
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    I received the notice on the 6th Aug, it's dated the 2nd Aug. I only have the defence I submitted and nothing more to add, would I resubmit this?

    I noticed on the Notice of Allocation I received that the claimant must by the 15 Aug pay the court a £25 fee or the case will be struck off. Is it common for them to not pay this and it be struck off?
  • KeithP
    KeithP Posts: 37,693 Forumite
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    No, you do not just re-submit your Defence.

    You need to produce a Witness Statement and gather together supporting evidence.

    I would be phoning the court and asking why you have been given such short notice to produce this, although you should have been aware of the need to produce this stuff at some time.
  • tonkasdog
    tonkasdog Posts: 72 Forumite
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    There where no witnesses, I have no evidence. I wasn't driving the vehicle at the time
This discussion has been closed.
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