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New One! County Court Claim for PCN.

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Comments

  • Nothing noted on the back of that letter - I have made contact with the court as of Aug 29th to ask when that date was supposed to be. 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Made contact? What does that mean?

    You need to phone them.

    Treat this matter with some urgency.

    You must not miss any deadlines.
  • Coupon-mad
    Coupon-mad Posts: 152,804 Forumite
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    There will be something on the back.  It's not blank, is it? 

    If it allocated a hearing date, that Order will tell you exactly what we are saying it does.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Show us the complete hearing letter. 

  • Enclosed A. 
    Ok so both parties have to file their documents / contact details 14 days before the hearing date, which for arguments sake suggests the Claimant still has time. 
    I filed everything myself as instructed around 4 weeks ago, it seems the claimant has another 20 days or so to do so. 
    I have tried to call the Court but they do not answer the phone. I did have confirmation by email however that there were no documents received at the court at this time. Again, they don't have to just yet, I suppose. 
    Enclosed B 
    Receipt of email from the Claimant today directly requesting lower sum to avert court action. 

    I assume now that I must send my defence documentation which I have sent to the court including all of its attachments to the solicitors. I was not aware you were supposed to send your defence to the Claimant - and certainly did not want to do that until they have sent their documents. As the accuser surely it's up to them to say what I have done and what they will be relying on in court. Again, I will wait for your thoughts. 




  • Coupon-mad
    Coupon-mad Posts: 152,804 Forumite
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    edited 18 September 2020 at 10:22PM
    Small claims hearings work by both parties openly sharing witness statements and evidence before the deadline.

    Nothing is allowed to be put in on the hearing day as an ambush.  Stop thinking you can withhold stuff, you can't.  

    I don't understand that on the one hand you are saying you did already send your WS and evidence 4 weeks ago but now you are saying you haven't?  You have to send to the court and the claimant (or solicitor of they are using one).  Have you done that stage or not and have you sent your costs assessment?  All explained with examples, in the NEWBIES thread second post.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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  • The op also doesn't seem to know that a defence and witness statement are totally diffeeent. Again completely covered in the newbies thread 

     OP - of course you send the claimant your witness statement plus exhibits. Not only does the court instruct you to do so, so does the newbies thread. Also please ensure you know that you have to write a witness statement. This is not the same as your defence. 
  • I was under the impression that the WS was part of the defence and I followed the instructions and thus may have misread them. I am very sorry.
    I will need to ask what I should put in my WS as I may have misread the instructions - thats my Saturday evening then! Oh dear. 
    I did post a thread on the defence and was kindly helped - which was approved here on a diff thread. 
    Assuming the WS says what you were doing there or?
    They have also spelt my name incorrectly from the word dot. That one won't fly. 
  • "I did post a thread on the defence and was kindly helped - which was approved here on a diff thread."

    You posted on this thread 7th March that  -  "All done and duly submitted, along with questionnaire, thank you for your help, I will report back." This presumably related to the new template Defence by C-m you were directed to.

    Can you post any amended template paragraphs (17 and 18 usually) as they will be needed to make sure there is no conflict between filed/served Defence and proposed WS.
  • Coupon-mad
    Coupon-mad Posts: 152,804 Forumite
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    edited 19 September 2020 at 5:15PM
    And simply read the NEWBIES thread for example WS and tips on evidence to append.

    It is all there!  I didn't write it for fun, it is there to hep you throughout.  Post #2 takes people from pre-action letters, right through all stages including WS & evidence, and it told you 'DEFENCE IS NOT YOUR ONLY JOB'!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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