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CCJ claim and already submitted a defence that from reading this forum was not adequate

2

Comments

  • Redx said:
    neither can we , which is why we have volunteered here for many years since we first found out the same thing

    until the government make the changes , nothing will change

    but your case isnt about parking , its about court procedures for the small claims court , parking contracts are just a small aspect of it , its what caused this to go to court , court is the sledgehammer trying to crack the nut
    Lets just hope its cracking their nuts and not mine  :p
  • stubborn_sam
    stubborn_sam Posts: 12 Forumite
    10 Posts Name Dropper
    UPDATE:
    I asked for the court to be my local one and it was transferred. 
    I then got a letter stating that a hearing by the district judge occurred on 5th April. It was ordered that:
    1. Further case management is reserved to District Judge.
    2. The judge proposes to dispose of the claim without a hearing, that is, on the papers alone..........................
    3. The judge can only deal with the case in this way if both parties agree.
    4. ......................
    5. .........................
    An N159 is requested. I awaited BWLEGALs response and they have sent me a copy stating they do not agree to the claim being dealt with on papers alone.
    I'm filing mine today within the 3 weeks period
    QUESTION: When will I be required to submit my full defence?

  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    QUESTION: When will I be required to submit my full defence?

    You already have submitted your full defence.

    When the Court lists a date for the hearing of the case, it will also direct that both sides must file and serve their Witness Statements and all documents / evidence relied upon, by a date in advance of the hearing, usually 14 days before.

    That is what you should be focusing on.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • stubborn_sam
    stubborn_sam Posts: 12 Forumite
    10 Posts Name Dropper
    bargepole said:
    QUESTION: When will I be required to submit my full defence?

    You already have submitted your full defence.

    When the Court lists a date for the hearing of the case, it will also direct that both sides must file and serve their Witness Statements and all documents / evidence relied upon, by a date in advance of the hearing, usually 14 days before.

    That is what you should be focusing on.
    Sorry yes, that's what I meant. So I will be asked for that then in a further letter I presume?
    I'm looking for information on how to respond to this N159 form. I presume its covid19 specific?

    Also, I forgot to add that BW legal sent me a letter for a reduced settlement figure but its was still £180 😣
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Sorry yes, that's what I meant. So I will be asked for that then in a further letter I presume?
    I'm looking for information on how to respond to this N159 form. I presume its covid19 specific?

    The instructions will be in the Notice of Allocation which the Court will send you at a later date.

    Form N159 is not Covid-19 specific at all. You just tick box B, saying that you do not agree to a hearing on the papers.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • stubborn_sam
    stubborn_sam Posts: 12 Forumite
    10 Posts Name Dropper
    Oh ok, thanks. It's just with it mentioning the remote options of email, phone and video that made me think it was covid19 specific.
    Thanks for your help again
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 May 2020 at 1:25PM
    Please could you read, in full, the TELEPHONE HEARINGS thread because you should be attacking this much more robustly.    You don't want it heard on the papers and ideally you want the Judge to strike the claim out (or the Claimant to discontinue) and not even have a phone hearing!

    That thread makes it clear that a hearing 'on the papers' is to be rejected, and a covering email and Draft Order to send to the Judge to get them to consider their duty under the CRA s71, and possibly strike the claim out.  The latest suggested wording is in post #10 of that thread but read it all!

    It's just with it mentioning the remote options of email, phone and video that made me think it was covid19 specific.
    You need to head off that prospect if you can.

    Exact info is in the TELEPHONE HEARINGS thread.  Do what it tells you!
    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
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I love the way C-M is barking instructions at recalcitrant posters on almost every thread, like a stern headmistress.

    Getting them all to do as they're told must be like herding cats.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    bargepole said:
    I love the way C-M is barking instructions at recalcitrant posters on almost every thread, like a stern headmistress.

    Getting them all to do as they're told must be like herding cats.
    You mean like the headmistress from the belles of st trinians with Alistair Sims ?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's just my style here, bargepole - I do what works for the forum. 
    Same as you really, when you lecture & herd your cats (customers)!

    You and others who know me (I hope) are well aware I'm not an old bag in real life.  My friends think I am so laid back I am practically falling over and are surprised that I rock up at court cases like I do. 
    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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