County Court claim form

Disgruntled_parker

Le_Kirk wrote: »

Example cost schedules are available in the NEWBIE sticky post # 2.

Just seen that thanks

Coupon-mad

Disgruntled_parker wrote: »

Thanks Coupon-mad,

I'll give that a go, i'm not overly keen on going to court if it can be avoided. Would that email be addressed to the court manager? Also is there a specific form or format to follow when drafting a costs schedule?

C is not court. How could sending something to the court force a discontinuance?!

Disgruntled_parker

Coupon-mad wrote: »

C is not court. How could sending something to the court force a discontinuance?!

I don't know because i'm not a lawyer or have any legal knowhow what so ever, I assumed it would be the court you complain to, as they are the ones that set the rules that have been broken.

Umkomaas

A court can 'stay' or 'strike out' a claim. A Claimant (C) discontinues a claim.

Disgruntled_parker

Just sent the C an email asking for discontinuance. Im not expecting them to reply, however if they don't reply, can the defendant use this as evidence as an attempt to end the claim which they ignored.

Disgruntled_parker

Can someone please suggest a response.

yesterday the defendant sent the claimant an email asking them to consider discontinuing with their claim. This was due to them ignoring a SAR sent back in June and more recently their failure to provide the defendant with their WS etc, as per the directions on the notice of allocation.

Today the Defendant has received a letter from Gladrags solicitors (dated 2 days ago) saying they have been instructed by their client to reduce the outstanding amount from £250 to £150 in order to close the claim. A contact email address is included for a response.

Can anyone please advise on the Defendants next step. Should they forward Gladrags the same email they sent the Claimant?

Coupon-mad

You totally ignore it, and wait for them to (hopefully) discontinue. Often when Gladrags make an offer, they then discontinue when the victim doesn't play ball!

Disgruntled_parker

Coupon-mad wrote: »

You totally ignore it, and wait for them to (hopefully) discontinue. Often when Gladrags make an offer, they then discontinue when the victim doesn't play ball!

Ok great hopefully that will be the case here.As always thanks for the advice its greatly appreciated.

luxardo

Just as a matter of interest, when you get to court what is your defence going to be ? What are you going to say to the judge ?
I'll give you some help here.
The judge is going to ask the plaintiff to set out their claim and the plaintiff is going to say that the driver overstayed by 16 minutes and therefore a parking charge is deemed to be in force due to an implied contract entered into when the driver entered the car park.
They are then going to say that notices were served on the keeper inviting them to pay or name the driver and these were ignored.
The judge is then going to ask you for your comments and reasons why you don't owe the money.
What are you going to say ? You need to think of something because there is no forum to "phone a friend" in the witness box.
What are you going to say ?

Le_Kirk

luxardo wrote: »

Just as a matter of interest, when you get to court what is your defence going to be ? What are you going to say to the judge ?

If you had read the whole thread you would see that the OP has filed his defence (post # 26 and WS post # 44) and would not have had to ask your questions.