EMA BP Station-Small Claim Court case

noran73

Hello everyone,similar situation as Polka1973,with only difference my car appear on a picture as just parked by the pump.Unfortunately there was no fuel on this day.So i have drove off.Demand to pay £160 or Court will look after you.Have spoken to them a few weeks ago over the phone,explaining that taking a fuel was my main reason to be there.Gentleman on the other side ,said he has notified my call,and wish each other a good day.However two days ago letter came with information as above.From my point of view me and the other offenders,are not guilty.I do not want to pay hefty charge as,,where the amount of £160 came from?Wonder if they really take it to the Small claims court?Heard that VCS is litigious,logical as this is a free money to take from my pocket.The problem is i`am living in Germany now,and potential trips to the UK can be quite problematic these days.Also there is not many solicitors that can take this case to help me go through it.Any advice welcome,,cause i may be wrong on not paying them.As a post posted already ,latest update is-The VCS took the case to SCC ,however i i`am qualified for Mediation Service.Have phone hearing soon.Will update about a progress.Have  written few requests various Solicitors ,but no answer been given so far,whether they can help or not.Worth to mention,that members from the forum,advising me to cancel Mediation Service.Sounds honest,but what next?I believe that many offended drivers simply pay to them.Looking forward to hear from You.

Coupon-mad

The problem is I am living in Germany

You could have contested jurisdiction or prefereably told them that before they filed the claim, and it could not have proceeded.

 I am qualified for Mediation Service.Have phone hearing soon.

Do you mean just a Mediation phone call, or a phone hearing?   Cancel the Mediation call, you will be bullied. 

noran73

Hello,yes it is phone hearing,,,you see,i have not much to say about a law unfortunately.So if cancel Mediation call,what next?understand that ,the case will be proceed by the Judge in Court?

Coupon-mad

You MUST put in your witness statement and evidence 14 days before the hearing, just as the court letter setting the claim hearing told you.  Have you done that?  Have you read the 2nd post of the NEWBIES thread all about this?

noran73

14 days,no did not at all.was not  requested or mentioned about witness statement 

noran73

Which is why have sent requests to Solicitors.But no one seems to be interested

KeithP

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.

noran73

i have not this documents,sure haven`t got them

Ralph-y

are you currently living in Germany or the UK?

I presume Germany ....if so when if ever will you live in the UK ? ( I don't mean holidays)

Ralph

noran73

The thing is:i was already abroad when the Court documents came..Another poor truth is that i was late for about 2 weeks on answer to them.As no one told me at home that Court documents came.Have rang them up ,mean Small claim Court with  explanation,so they have sent me Mediation service offer,or whatever is it called like.I have agreed for that as i was already late with response even with not my fault.

Ralph-y

are you currently living in Germany or the UK?

I presume Germany ....if so when if ever will you live in the UK ? ( I don't mean holidays)

Ralph