Is Claim Form valid? FURTHER UPDATE CLAIM HAS BEEN STRUCK OUT - ALL OVER?

Coupon-mad

The hearing will be more like October/November, depending on the court.

Romeo5793

On the Directions Questionnaire (form N180)

Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”.

If I don't add this in section D1 what is likely to happen - it's a CEL and they didn't list a solicitor on the Claim Form?

Would a non-oral hearing be so bad if its a relatively starigtforward double dip case?

Fruitcake

Romeo5793 wrote: »

On the Directions Questionnaire (form N180)

Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: “The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”.

If I don't add this in section D1 what is likely to happen - it's a CEL and they didn't list a solicitor on the Claim Form?

Would a non-oral hearing be so bad if its a relatively starigtforward double dip case?

Yes. You would have no opportunity to refute anything said by the scammers. You couldn't possibly think of everything to say up front.

Was the N180 form from the court or from the scamlicitors? If the latter, do not use it. Only use the one from the court.

Umkomaas

Would a non-oral hearing be so bad if its a relatively starigtforward double dip case?

Only if you can articulate in writing all the issues and almost exhaustively answer any possible question the Judge might have asked in an oral hearing, then it's possible.

You'd also need to articulate the reasons why the eye-watering additional costs claim CEL has added to the claim against you (far more than any other litigating PPC in the country does) should not be entertained.

If you're able to do both of those, you could also consider a career in writing legal text books!

The last three cases that deliberately decided not to follow forum advice and opted for a 'hearing on the papers', did not end happily, with all three losing, and each one having the additional 'slap' of over-inflated costs awards against them . Once the Judges had decided that each parking charge was justified, with no one there to argue costs, they award simply what the PPC has claimed.

Three very unhappy and expensive lessons!

Romeo5793

From the court.

I am registered keeper. Driver was the double dipper. I am just wondering if there is a way for us to avoid having to go to court as our defense is simply - driver (not me being pursued) informs me they made 2 separate visits which you have wrongly recorded as being one, Evidence is the SAR material showing car once only of each in/out, position of camera, fact no ticket machine available.

Should I call the driver as a witness if court hearing is necessary - or just state above myself?

I am eamiling the Directions Questionnaire back to the court. Do I have to send a copy to CER if they haven't nominated a legal representative or provided an address in the Claim Form?

Romeo5793

Thanks Umkomaas and noted.

I am happy to go and defend - just seems weird to be defending it when I wasn't the driver of the car. But it is me as RK they are pursuing. Can I simply go and say "driver tells me this is what happens (as per what I wrote in the Defence)"

Umkomaas

You seem to opening a new thread for the same parking charge. Please keep everything on your main thread. PM a Board Guide (find them at the foot of the forum thread list - one page back from this one) and ask one to merge the threads.

Redx

depends if the PPC stuck to POFA or not

if they did , the driver issue is irrelevant as the KEEPER (YOU) is deemed liable


and have your threads merged , stick to the original thread only

Romeo5793

Thanks, have requested this to be merged into original Parking Charge thread

Redx

in your original thread you were advised to do a counter claim , so if you have done then you may need to go to court

I suppose a driver WS would be useful, especially if you can prove the double dip, but the defence does not explicitly state that you were not the driver, it is vague about the driver

any WS should state categorically that you were not the driver and also they failed POFA as well, never mind the double dip aspect

this is why you keep it all in one single and coninuous thread, for clarity