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Urgent advice needed - County Court Claim.

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Comments

  • Resourceful
    Resourceful Posts: 51 Forumite
    Thank you Keith and C-m.
    The defendant shall now continue drafting said defence!
    With another busy weekend ahead I can see this going to the wire on Monday so a concise defence it shall be. I think I'll need to work out how to do a digital signature too and will prep' the email so it's just 'attach and go'!
  • Resourceful
    Resourceful Posts: 51 Forumite
    edited 15 June 2019 at 12:05PM
    A couple of quick questions please, if anybody can help.

    I'm really pushed for time on getting my defence in. What happens if I don't submit it on time? Would that be a default win for the claimant? If so would that be the full value of the claim including their 'extras' as detailed on the claim form?
    Just looking at worst case scenarios.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Yes to all your questions

    (Assuming that the claimant is on the ball and requests judgement)
  • Thanks Quentin.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes but it really should only take you half an hour, doing what I said above. When I say it is easy, I mean it. No detail needed as such, as you can expand on defence points later.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Ah, so all I'm effectively doing here is sending in a list of points that I intend to challenge in greater detail in court?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep, go and look at bargepole's concise defence, use that and add a paragraph about the car park or specific thing(s) you want to include (e.g. if a person wants to state as fact they were not driving, or that the car had a permit, or paid & displayed, or didn't stay beyond a reasonable period of grace, or whatever the issue is) and Bob's your Uncle.

    You MUST return here at Witness Statement and evidence stage, where you add the details.

    Read bargepole's thread COURT PROCEDURES as it's not jut a case of defence then a big gap and doing nothing till rocking up at a hearing. People who do that, usually lose.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Quentin
    Quentin Posts: 40,405 Forumite
    See the links to bear template defences you have been pointed to in #2 of the newbies FAQ thread
  • Resourceful
    Resourceful Posts: 51 Forumite
    edited 15 June 2019 at 1:24PM
    I've already copied a couple of defence examples so will collate mine tomorrow morning and post here for your critique with a view to finalising and submitting it by Monday morning.
    Out of interest, what is the average period of time between submitting a defence and receiving an order to exchange witness statements and what is the deadline for exchanging WS after receiving the order from the court?
    Just trying to work out how long I might have to prepare my WS.

    Thanks again guys, I really appreciate your help.

    EDIT: Reading Bargepole's CC Process advice it seems to usually be required 14 days before the hearing so I guess the time between submitting a defence and receiving a hearing date is the determining factor and presumably that comes down to how busy your local county court is at any given time.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Concentrate on your Defence this weekend.

    You have a deadline.

    In post #7 above (read the whole of that post again) I wrote:
    ...you have until 4pm on Monday 17th June 2019 to file your Defence.
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