Small claims track

Juju2019

Good morning,
I have read the newbie thread and read through the small claims sections and think I'm a little further on from most and I have ended up going via small claims and I have been directed to complete a directions questionnaire.

To give a little background: in June 2015 I received a PCN and shortly after I moved abroad. I had heard nothing until around a month ago a letter arrived at my parents titled "Claim form". From my research, this is a real claim the staff at the county court business centre have been quite helpful. I am now at the stage of completing the "directions questionnaire" and I just want to clarify a couple of points that I have read in the newbie thread.

Firstly, at the stage which I am, can I sill ask the PCN company for a SAR?

Second, I live abroad currently and paying for flights to attend a small claims court is not an option. I'm at the stage of settling to get it out my hair. If I did go to court, can I claim back flights and loss of earnings from the PCN company?

Third, mediation stage - what to do? I've read not to get in touch with the PCN company but I would rather get a resolution to avoid going to small claims court.

As many of you can imagine, this is a very confusing process for many of the general public, the legal system is a mine field and these thread have provided answers for much of the questions.

Thanks for your time and look forward to any assistance. Regards

The_Deep

I'm a little further on from most and I have ended up going via small claims and I have been directed to complete a directions questionnaire.

Have you not told the court that you live abroad? If the PPC want to pursue this they might have to do it via the Foreign and Commonwealth Office, which can be eye wateringly expensive.

Redx

1) yes, do the SAR, it's never too late

2) no, small claims are limited to around £95 so no chance of inflating it

You can ask for it to be heard on papers, do so about 18 days before the hearing

3) don't bother with mediation, it's pointless

The newbies thread has info on the DQ stage, surprised you haven't contested jurisdiction due to not being in the UK

The_Deep

Redx, is this not out of the Court's jurisdiction?

Juju2019

I haven't told the court I live abroad. If this is something you would suggest I can do that. I live abroad but do some work in the UK from time to time but no permanent fixed address.

Is it worth when I submit the SAR to advise them to send it to my address where i am currently living (abroad).

Thanks for the responses. Much appreciated.

nosferatu1001

Youve already accepted jurisdiction if youve gotten this far. Im guessing the vehicle was registered to a UK address?

Jsut get it done on papers, which you do nby telling the court and claimant 7 days before. Easy. Its in the CPRs.

Juju2019

It was my address 4 years ago before I moved abroad. It's my parents house and the only reason I knew about it as they manage my mail but I haven't heard anything from VCS for over 3 years.

Juju2019

Sorry, what's a CPRs?

nosferatu1001

Civil Procedure Rules
THe court claim will be processed according to them, and they lay obligations on you and the claimant.

Coupon-mad

It's too late to contest jurisdiction. You should have researched here first.

What exact words did you put in defence?

Which Court would be nearest to your address they served the papers to?

Which car park site?

What contravention?

And why not just read other VCS defences as you are not further on than most, albeit most have come here first then defended (or contested jurisdiction).

Juju2019

Thank you.


Also, I have submitted a defence to the money claims website (before I discovered this forum) which basically suggests in the 4 years since this PCN was issued I am yet to see any evidence to support their claim.

Am I able to submit further defence or will I have an opportunity to do this after the mediation phase?