Small Claim Received & Acknowledged.

big_dan_ldn

Hi All,

I have received a small claim form relating to an invoice received from Gemini.

I appealed late at the time which isn't ideal, however have fairly comprehensive photo evidence that their signage was insignificant.

I have been on and acknowledged the claim, however I didn't request a SAR and the court documents don't mention Gemini sending particulars.

Before I start getting too deep though, the address of the offense they provided on the particulars of the claim is actually completely incorrect and different to the other paperwork I have saved regarding this case!

In fact, the address on the particulars of their claim, I have never ever been to, so arguably they won't be able to provide any evidence of this. I think this may put me in good stead but want to know the suggested course I should take!

The last SCC I received simply took me acknowledging, and stating I was going to defend in full to get a case discontinuance letter. I acknowledged this latest one on Christmas day (don't ask why) and I haven't heard anything since!

I know it's the same claim, as the amounts they are claiming for and the date of the incident are correct.

Thanks as always in advance for your assistance!

big_dan_ldn

Oh no, I have read further and see that it was on my to get a defense in with 28 days of the claim issue date which was 12/12/2018!!

nosferatu1001

Send a sAR
Today

You never do anything with a SAR using MCOL. Its a request directly to the DPO of the paking company.

Well your defence obviously starts with - the vehicle was never at the location specifed in teh PoC

YIKES - you havd THIRTY THREE days because you STILL havent read your own damned claim form correctly - so bang in a defence TODAY

big_dan_ldn

Will it be enough of a defense that my vehicle was never at the location specified in the POC?

big_dan_ldn

Have just submitted a defense:

My Vehicle was never and has never been at the location specified in the particulars of the claim.

Hopefully this will be enough, and isn't too late!

nosferatu1001

NO!
I said TODAY
Not immediately
You had until 4pm for it to be counted as delivered today
How different is the address?

KeithP

Yes, as nosferatu1001 says... file your Defence before 4pm today.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

nosferatu1001

You need to, at the minuimum, deny or accept all elements of their particulars of claim
Why on earth did you wait so long? Did you think you would be told again that you needed to file a defence? I really dont know why so many think that...

big_dan_ldn

Ok so I panicked and simply filled the form in online, and now I now have a defence form logged in MCOL that simply has the words My Vehicle was never and has never been at the location specified in the particulars of claim.

Is this woefully inadequate? Do I still need to add to this and print out, sign and e-mail etc?

I left it late as I for some reason though I had another 28 days from when I acknowledged and was actually waiting to receive more particulars from the PPC! A bad excuse I know but an excuse never the less!

big_dan_ldn

nosferatu1001 wrote: »

NO!
I said TODAY
Not immediately
You had until 4pm for it to be counted as delivered today
How different is the address?

Completely different! In a completely different area.

KeithP

big_dan_ldn wrote: »

Is this woefully inadequate?

I fear it may well be.

big_dan_ldn wrote: »

Do I still need to add to this and print out, sign and e-mail etc?

No, sorry, too late for that.
You cannot change a Defence without paying lots of money. Not worth doing.

My mistake - I hadn't realised you had filed a Defence at the time I posted earlier.