Trace Recovery - 2 years on!?

D_P_Dance

If you think that a solicitor has acted inappropriately complain here.

https://www.sra.org.uk/

md9

So, do I reply to this latest letter in any fashion at all, or just ignore till court date?? 

Curlyben

md9 said:

So, do I reply to this latest letter in any fashion at all, or just ignore till court date?? 

Unfortunately the paper's too thick to make effective bog roll, but, if folded right, would prop up that dodgy leg on your patio set
File under I and await your day in court.

md9

So a big pack with lots of waffle has been delivered this week…. 😅

To be clarify, do I have to redo my defence in a similar fashion to this and send it back to them prior to court date, or has that already been done and I just need to turn up on the day and know what I have to say? 

Also, it gives a date and time at the court but then mentions ‘Cloud Video Platform’, so I’m unsure as to whether this is via computer or I have to physically turn up (it’s not that clear to me!) 

TIA

Le_Kirk

You have already submitted your defence and what you have received is the claimant's witness statement.  Do you have a court date? On your notice of allocation that gave you that court date does it say that you have to submit witness statement etc by a certain date or "within 14 days of the court date"?

md9

Yes “each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing”. 

My hearing is next Friday but I assumed I’ve sent everything over already. I’m also not using any witnesses.

My defence is pretty simple to be fair, I wasn’t the driver at the time, the original PCN was sent to the wrong address (that I left in 2015 - pcn sent in 2018), then my first knowledge was a £160 debt collectors bill landing at my actual and new address in 2020. The original driver passed away in 2019 and I will absolutely not pass her details on so her mum can no doubt be sent nonsense from these people so I’ve just had to swallow this process with disdain and hope to share my situation with judge and fight the absolute unfairness of the extortion levels. 

If I just had the opportunity to pay the original fine of £60 I bloody would, but !!!!!! to them sticking £100s on top and getting away with it, I’ll at least make them wait for it I guess…

So that effectively what I’m arming myself with come next week. 

KeithP

md9 said:

Yes “each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing”. 

My hearing is next Friday but I assumed I’ve sent everything over already. I’m also not using any witnesses.

Why did you make that assumption?

The NEWBIES thread and the Defence Template thread both very clearly state that after filing your Defence there is more to be done.

You NOW need to file a Witness Statement and evidence - being the documents you intend to rely on - with both the Court and the Claimant.

As you might expect, exactly how to do that is explained in the second post of the NEWBIES thread.

Coupon-mad

Oh no not another one. Another person who has failed to comply with the Court Order and missed the clear instructions in the NEWBIES thread that ‘defence is not your only job’.

So the Claimant complied with the court’s Directions. You didn’t. Sorry to say but you will be lucky if the Judge lets you say ANYTHING unless you wallop in a WS and evidence now, tonight by email to the local court and solicitors for the Claimant. 

You had months to prepare this and the NEWBIES thread is detailed for a good reason - because you needed to know what to do when and what a WS and evidence looks like. 

The latest good one to adapt tonight is the one by @jrhys so urgently click on his username and adapt it, and crack on.

PLEASE DON’T WASTE TIME POSTING TO ASK WHETHER TO BOTHER WITH A WS NOW. 

Of course you do. 

md9

Bloody hell, my fault. Life is busy. 

So as it’s less than two weeks till the court date, will anything done now not be accepted? 

I can do tonight. 

Jenni_D

Nothing ventured, nothing gained. Get it done and emailed (to court and PPC/Legal Co.) tonight. Don't just blindly cut/paste another WS ... it must be tailored to suit your defence points and specifics of case.

Legally-represented PPCs often get leeway for breaches of court orders, so there's no reason why an unrepresented Litigant-in-Person should not.

(Edit - fixed a typo)