New One! County Court Claim for PCN.

Coupon-mad

Yes, use that and put your facts in the middle (is it #17 and #18) and add in all the right bits to replace the red, and Bob's your Uncle!  Attach the 'Appendix C' 6 page Southampton Order as well, as shown in the first post of the template defence thread, and don't put an over £200 high 'full claim including legal fees' figure with pence in the £160 red bit...as the opening post in the template defence thread begs people not to...but they keep doing!

Bachelorplace

All done and duly submitted, along with questionnaire, thank you for your help, I will report back.

Bachelorplace

Update: N159 Response.
Great help and support so far I am forever grateful. 
I have now received a Notice of Allocation to the Small Claims Track.
I says: 

"the judge proposes to dispose of the claim without a hearing - that is on the papers alone"

According to it I have to select. 

A. I agree that the claim should be dealt with on the papers alone. 
B. I do not agree that the claim should be dealt with on the papers alone. 
C. I have sent a copy of this completed form to the other party. 

Johnersh

Can you post a picture of the sign pls? That is the contract they rely on... 

Umkomaas

Bachelorplace said:

Update: N159 Response.
Great help and support so far I am forever grateful. 
I have now received a Notice of Allocation to the Small Claims Track.
I says: 

"the judge proposes to dispose of the claim without a hearing - that is on the papers alone"

According to it I have to select. 

A. I agree that the claim should be dealt with on the papers alone. 
B. I do not agree that the claim should be dealt with on the papers alone. 
C. I have sent a copy of this completed form to the other party. 

So which one do you want to select?

Coupon-mad

It is obvious which one to select, given this is covered fully everywhere NEVER to agree to a hearing 'on the papers'!  This is absolutely NOT what anyone here woudl ever agree to; you need your hearing, your voice.

Read page 10 of the TELEPHONE HEARINGS thread for wording as to how to reply, this week (urgently) NO.

Bachelorplace

I think it was the wording "dispose of the claim without a hearing" which to me inferred "dispose" i.e. throwout... made her / his mind up.

Coupon-mad

Oh dear, it means the opposite.  A papers hearing = more likely to lose and be hit with costs.

Bachelorplace

Ok, I thank you.

I have filed and sent off the response as per the details in the "hearings" thread. Notably Option B " I do not want this to be heard on the papers alone"

Today I have now received a copy of the other parties response notably: They do want to have this heard on the papers alone i.e. Option A.

Looks like I will have to tough this one out.

If it goes to "hearing" my first and possible strongest option is the lack of evidence provided to me by the claimaint after requesting it. I will state that I am in a hearing having had no response to the defence or a chance to consider the evidence being brought against me.

Bachelorplace

Johnersh said:

Can you post a picture of the sign pls? That is the contract they rely on... 

I asked directly for all of this as part of the evidence, i.e. the first step Statement of Access Request. None was provided Johnersh. When an email eventually did come back offering further information about requesting the evidence, it was received not in "reasonable time" and would be past the deadline I was instructed to send a defence in.