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

Romeo5793

Out of interest - I was required to send CEL a copy of my DQ - are they not required to do the same? I havent heard from them since submitting my defence.

They also submitted their DQ on the same date as it was sent out according to MCOL - how are they able to do that then?

KeithP

Yes, both the Claimant and Defendant must send the other party a copy of their DQ.

They could, just like you could, download a blank DQ from the internet, complete it and file it with the CCBC at any time.

Romeo5793

So they haven't sent me a DQ, point to raise at court?

KeithP

Romeo5793 wrote: »

So they haven't sent me a DQ, point to raise at court?

Possibly - if you think you have been disadvantaged. Have you?

Fruitcake

Romeo5793 wrote: »

sorry fruitcake, cross post, not ignoring your advice.

I think I like your option 1:

"Double dip is your strongest defence point, so you should concentrate on that.
If the driver has proof they parked the car elsewhere in between the two visits then that proof should be given. It will not hurt the keeper's case if the driver is identified and will probably help the case greatly if they appear as a witness to state they left and returned.
If they have something in writing from the company they were working for then that will help as well."

As the driver does have an email from the company they were working at stating they were due to be there on the day. Also their google location data shows them driving back and forth from the workplace to the retail carpark in question.

A document showing that the driver is insured to drive the vehicle in question would also help in my opinion.

Romeo5793

I have now received a "Notice of Allocation to the Small Claims Track (Hearing)" form in the post.

It doesn't have any dates on it and says a date will be sent to me at a later date.

Do I have to take any action at this point? What happens if they allocate a date when I am out of the country?

Romeo5793

For clarity, I was expecting this:

"5. The case file will then be transferred to your local County Court, and you will eventually receive a Notice of Allocation, giving you a date and time for the hearing. It will also specify a deadline for you to submit a Witness Statement, and any other documents you intend to rely on, usually 14 days before the hearing but sometimes earlier than that. Your Witness Statement can expand upon the points made in your original Defence, and must start with the following "I, Joe Bloggs, of 23 Acacia Avenue, Anytown, AN1 2BC, am the Defendant in this matter, and will say as follows". You should attach to your Witness Statement any evidence to support your assertions, eg photos of signage, etc. Optionally, you may also want to include a Skeleton Argument to flesh out the legal points, or you could include those as part of your Witness Statement."

But the Notice of Allcoation doesn't contain either a date and time for the hearing or a deadline for me to submit a Witness Statement. Do I just wait for a subsequent document to show up?

KeithP

Romeo5793 wrote: »

But the Notice of Allcoation doesn't contain either a date and time for the hearing or a deadline for me to submit a Witness Statement. Do I just wait for a subsequent document to show up?

No.

If you haven't done so already, start preparing your Witness Statement and gathering evidence in anticipation of being notified of a hearing date in due course.

Romeo5793

will do, thanks

Romeo5793

UPDATE: I eventually received a letter dated January 2020 when I was given a hearing date in a couple of weeks time <end of June> 2020. The letter said, "Unless the claimant (CIVIL ENFORCEMENT LIMITED) does by 4.00pm on the <end of May> 2020 pay to the court the trial fee of £25.00 or file a properly completed application for help with fees, then the claim will be struck out with effect from <end of <same date in May> 2020 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred. I continued to prepare for the court appearance on <same date in June> 2020.

I have now received a letter dated yesterday saying:
Dear Sir, Re: Case Number: XXXXXX Civil Enforcement Limited v Me
With reference to the above matter, please be advised that the claim has been struck out due to non payment f hearing fee and the hearing of the <same date in June> 2020 vacated.

Does this mean they've bottled it? Do I owe anyone any money? Am I still " liable for the costs which the defendant has incurred" (and if so, why?). 

Thanks