Defence Advice please CASE STRUCK OUT

Le_Kirk

You cannot ask for things in your defence, except to say something like "the claimant is put to strict proof that........"  Also ditch that "Genuine pre-estimate of loss" as that is a very old argument.

Umkomaas

But that's not the template defence we are now suggesting everyone uses (other than for ParkingEye cases). 

https://www.dropbox.com/s/02dk9z3pe2kb72n/Template%20defence%202020%20without%20C.docx?dl=0

Redx

and the claimant name is incorrect (misspelled)

start with the template defence by coupon mad, ensure you run a spell checker over it , do not include GPEOL and do not ask the court to do anything , you are putting forward legal points not asking them for help

very few people (if anyone at all) will help out on an off piste defence , especially not when coupon mad has prewritten one

covid1956

Hi again 
I have been reading the threads and picking out the parts relevant to me, just a couple of queries
1 I assume when you send your witness statement to the court you send original exhibits, photos, letters in with your bundle to the court and copies to claimant ( or does the court copy and send to claimant ?)
2 in the NEWBIES thread (might be CM, Bargepole  or Redx) it states that after you have submitted your DQ to court and claimant you will get the Claimants DQ and you should just file it.   Can someone explain what to do with the Claimants DQ?
THANKS  Covid

nosferatu1001

So you filed your defence? Which version did you send.

1) no, never send originals. You gave read the newbies thread which tells you you will be hand delivering to the court and sending by post or email to the claimant. 

2) what part of FILE IT was tricky there? All you're doing is reading it to see it isn't asking the court for something wacky and moving on 

Coupon-mad

file it = put it in your court file with all the rest of the bundle of papers...

covid1956

Hi all
Just an update. I returned my DQ to the court and the claimant on 9/4/2020 and have now got a notice stating the case will be transfered to my local court. I have not been sent the claimants DQ so feel I have been placed at a disadvantage as part of the Rules and Practice Directions 26.3 (1) (ii) states that "require the parties to file a completed directions questionnaire and serve copies on all other parties;*
So what should i do?  Email court/mention this in my WS/grin and bare it?
thanks
Covid

KeithP

covid1956 said:

Hi all
Just an update. I returned my DQ to the court and the claimant on 9/4/2020 and have now got a notice stating the case will be transfered to my local court. I have not been sent the claimants DQ so feel I have been placed at a disadvantage as part of the Rules and Practice Directions 26.3 (1) (ii) states that "require the parties to file a completed directions questionnaire and serve copies on all other parties;*
So what should i do?  Email court/mention this in my WS/grin and bare it?
thanks
Covid

What is this disadvantage you may have suffered?

Yes of course they should have sent you a copy, but a completed DQ doesn't tell you a lot.

nosferatu1001

How are you disadvantaged.

covid1956

nosferatu1001 said:

How are you disadvantaged.

Well to be honest as a "first timer in court" it makes you feel that these companies can just please themselves and not pay attention to the rules. I am abiding by the instructions that were included with the DQ they are not.
I realise the DQ has no real useful info. 
I will mention this failure in my WS and leave it up to the judge if he takes notice of this failure, i dont think i should push the point
thanks 
Covid