CCJ parking fine support

jayM_2

Hi all, 
Happy new year (if we can still say this now). I hope you are all well and managing lockdown 3. 
I have an update on my case, please find attached the paper (below) from the county courts. 
I would like to confirm that my next steps are as follows:
1. Write up my defence using the template provided throughout the forum? - I also have the SAR information from CEL and there isn't much there apart from my car going in and out of the "x" location. I know it is not me as I have never been there but based on the location, it was my previous partner, as this was very close to her office. 
2. Sign and send hard and soft copies of my defence (is it just my defence?) to the claimant (or is this just point 3 below?) and the court?  
3. Complete the  Directions Questionnaire (when I receive it) but based on page 1 below (point 2), do I just download it and send it with my defence? 
 
Also, do you have any thoughts on the attachments (see below) as I have not seen it written like this before (based on other users on this forum)?  


Thanks all. 

KeithP

jayM_2 said:

I would like to confirm that my next steps are as follows:
1. Write up my defence using the template provided throughout the forum? - I also have the SAR information from CEL and there isn't much there apart from my car going in and out of the "x" location. I know it is not me as I have never been there but based on the location, it was my previous partner, as this was very close to her office. 
2. Sign and send hard and soft copies of my defence (is it just my defence?) to the claimant (or is this just point 3 below?) and the court?  
3. Complete the  Directions Questionnaire (when I receive it) but based on page 1 below (point 2), do I just download it and send it with my defence? 

The second paragraph on the first Order you have shown us tells you that what you have already written will be taken as your Defence and there is no need to even think about a Directions Questionnaire.

The Notice of Allocation tells you that you need to file with the court a Witness Statement and evidence, together with a Costs Schedule by 26th February 2021. Copies of those documents must also be served on the Claimant by that date.

Sorry, I can't read the third page you have shown us.

henrik777

Your draft defence has been taken as your defence.

The claim has been effectively allocated to the small claims track.

You have a court date and you have a deadline for submitting evidence.

They have a further deadline to pay the £25 hearing fee.

Coupon-mad

So, you are at WS & evidence stage. Refer back to the NEWBIES thread section on that.

jayM_2

Thanks for the comments, it is useful to have further feedback.

When I submitted by N180 form, I also attached my draft witness statement (including my evidence) and draft order. I have never produced a draft defence at this stage yet. 

I thought as per point 2 on page 1, this set aside judgment is to be treated as a defence and as a result, I would have to produce a defence statement (albeit the DQ is no longer required); I think this is what has thrown me a little here and from other threads, it is usually on like 30 minutes long for the set aside part of the case however, for me, it is 90 minutes long... Therefore, do I just re-submit my witness statement (including evidence with a new signature/date as I don't need to add any new information) to the Claimant and to the courts by 26th Feb 2021? Would it be better to send a draft copy of my defence to as the Judge (and claimant) as the Judge has already seen the witness statement (including the evidence)? 

Where does it ask for the cost schedule, I must have missed this point in the paperwork? Is there a template and what do I actually need to provide here? 

Please see page 3 below, it should be clearer now.
Also, what is a bundle, is this a legal term for issued documents? 

Thanks. 

Coupon-mad

OK, use the template defence and head it up Skeleton Argument, remove the statement of truth/signature and references to it being a 'defence' (and remove the start where it says 'it is admitted that/it is denied that') and submit that with you new WS and evidence that is this time about the PCN and not about the failed claim/address.

You can put a skelly in, so do so with the new WS & evidence.  Take out the bits I said and show ius first, I am sure we can cobble it into a skeleton argument.

I think it is grossly unfair that your WS for a set aside is taken to be your defence against the PCN.  This is so wrong.

KeithP

jayM_2 said:

Where does it ask for the cost schedule, I must have missed this point in the paperwork? Is there a template and what do I actually need to provide here?

It asks for 'all documents you intend to rely on'.

The second post of the NEWBIES thread explains a Costs Schedule, or a Summary Costs Assessment as it is sometimes known.

jayM_2

Coupon-mad said:

OK, use the template defence and head it up Skeleton Argument, remove the statement of truth/signature and references to it being a 'defence' (and remove the start where it says 'it is admitted that/it is denied that') and submit that with you new WS and evidence that is this time about the PCN and not about the failed claim/address.

You can put a skelly in, so do so with the new WS & evidence.  Take out the bits I said and show ius first, I am sure we can cobble it into a skeleton argument.

I think it is grossly unfair that your WS for a set aside is taken to be your defence against the PCN.  This is so wrong.

Great - thanks for the response. I will draft one next weekend and post it on here. 
It does seem weird, my case is sort of merged into a a set aside judgement and a defence but with only my WS. Maybe I will have defence case later... 

Coupon-mad

In most cases the whole thing is handled badly by the courts but in your case for the Judge to take a non-defence as a defence is even more unfair.  So the only answer is to wallop in a thorough skeleton argument about the legal issues (Beavis, Somerfield and the Consumer Rights Act) that blow the PCN out of the water.  Add that to a decent WS and evidence and you are back in the driving seat (haha!).

It is atrocious that the court system is dropping people in it like this.  A WS about why the claim wasn't served properly is NOT a defence to a PCN.

jayM_2

Coupon-mad said:

In most cases the whole thing is handled badly by the courts but in your case for the Judge to take a non-defence as a defence is even more unfair.  So the only answer is to wallop in a thorough skeleton argument about the legal issues (Beavis, Somerfield and the Consumer Rights Act) that blow the PCN out of the water.  Add that to a decent WS and evidence and you are back in the driving seat (haha!).

It is atrocious that the court system is dropping people in it like this.  A WS about why the claim wasn't served properly is NOT a defence to a PCN.

Hi Coupon-mad, 
Thanks for the support and as discussed, I have drafted my skeleton argument and my revised witness statement (see redacted attachment in the dropbox link below). However, for the latter, I am not hundred percent sure of the purpose of this new witness statement as I think my previous covered it well and I have added in the section about me not being the driver following the information the SAR. As I was not the driver I am not able to comment on the signage etc.. Therefore, any pointers on the draft skeleton argument and previous witness statement would be greatly appreciated. I think my "defence" could do with something extra. I have the photo (via the SAR) of the signage, but I don't think I need to mention this as I was not the driver... 

Notes:
Text in yellow is for me to finalise prior to issuance. 
Text in green could do with some pointers. There are two areas, and you can see point (d) contradicts the paragraph above, but I am unsure which way to tackle the "defence".
Text in cyan / crossed out is the changes from the defence template to create the skeleton argument as you suggested. 

Drop box link:
https://www.dropbox.com/sh/59nam41lktb9tsn/AABFJAgX6IfOHqSAnou_EAYxa?dl=0

Thanks again.