Court Claim Defence

Le_Kirk

In your point 3. you use defender and it should be defendant.

Coupon-mad

Salman1 wrote: »

Why shouldn't we provide photographic evidence at defence stage?

Because that's not how it works. That would be a disaster for the court system!

The case is not yet allocated to your local court, and the central processing centre couldn't possibly have various pieces of evidence by email and post flying in at them!

Evidence comes later, when directed by your local Judge when directions are given about WS & evidence stage, prior to the hearing.

You really need to read bargepole's Court Procedures thread, linked in the NEWBIES thread section under a part in red, that says 'IMPORTANT - know what happens when'.

Some exceptions are:
# lit sign or grace period as not sure if it helps this case.

Why not? Signs being 'unlit & illegible in the dark' applies if it was dark, and you know whether that was true when the car was parked (if it was daytime, fair enough).

Why not grace period? I bet the photos are just minutes apart...they are meant to allow at least ten minutes of observation to allow a driver to read signs & decide whether to stay and accept the terms on the signs, or leave (see their trade Body Code of Practice re 'grace period').

Why not this section (below) I advised you to use, that you've completely ignored? Are you happy with all their made up added fake costs then?

You've removed the usual defence points seen on every draft:

- the one that says they've added sums they can't (you can use the entire list of points under 'Costs on the claim - disproportionate and disingenuous' here):

https://forums.moneysavingexpert.com/discussion/comment/75711757#Comment_75711757

Salman1

Thanks for the details.


Regarding below suggestion, I remember adding that but must have accidently deleted it

Coupon-mad wrote: »

Why not this section (below) I advised you to use, that you've completely ignored? Are you happy with all their made up added fake costs then?

Salman1

Received letter from claimant's lawyer that they will continue with the court for this claim. What's my risk?

Salman1

Can I move the court near my home? How?
Also, can someone else represent me in the court?

KeithP

Salman1 wrote: »

Can I move the court near my home? How?
Also, can someone else represent me in the court?

You will get the opportunity to choose your local court later in the process - at Directions Questionnaire time.

Are you not using post #2 of the NEWBIES thread to guide you through this? Bargepole's 'what happens when' guide linked from there is well worth reading.

Quentin

Salman1 wrote: »

Received letter from claimant's lawyer that they will continue with the court for this claim. What's my risk?

The risks are you lose in court and have to pay what the Judge orders.


If you ignore any judgement against you for more than a month then you would have your credit status ruined for 6 years

Coupon-mad

You know what the risk is because the NEWBIES thread tells you we win 99% of cases, and the 1% who lose, just pay about £175 (for £100 PCN).

All your questions are already answered, including a which DQ N180 boxes to tick.

As for someone else representing you - yes, as a 'lay rep' but ONLY with you attending too. Search the forum for the keywords lay rep as it saves us repeating everything any more than we already do every day o this forum.

Salman1

Hi all,
I have received the Notice of Proposed Allocation to the Small Clains Track. I will be submitting form N180 as requested in the letter. There is also an option of going for settling the case outsid the court.
Any tips / suggestions are welcome. Thanks.

KeithP

Salman1 wrote: »

Hi all,
I have received the Notice of Proposed Allocation to the Small Clains Track. I will be submitting form N180 as requested in the letter. There is also an option of going for settling the case outsid the court.
Any tips / suggestions are welcome. Thanks.

You could perhaps re-read the second part of post #27 above.

Here it is again:

KeithP wrote: »

Are you not using post #2 of the NEWBIES thread to guide you through this? Bargepole's 'what happens when' guide linked from there is well worth reading.

It tells you how to answer every single question on that form.