Notice of allocation to the small claims track - Next step?

BoilerGuy

Hi,

Back in April 2019 my wife received a parking ticket - a local cafe had just added parking charges which my wife didn't know - you have to input your registration onto a tablet at the cashier, my wife sat straight down so didn't know about this.

I ignored all the parking charge notices until i received my claim form on 9th July 2020. I sent my letter of defence on 10th July 2020 as instructed on the newbie thread (Defence attached) and received my acknowledgement receipt of my defence on 13th July 2020.

I sent me N180 directions questionnaire on 22nd July.

Since then i received notice of transfer of proceedings on 23rd July and then the Notice of allocation to the small claims track on 27th August.

The heating of the claim is supposed to take place on 11th January 2021 - the claimant has until 14th December to pay the court trial fee but i haven't heard anything since.

Can anyone advice me on the next step and if i have made any mistakes. I haven't admitted to being the driver or mentioned anything about my wife on that particular day - i haven't been in contact with them at all for that matter.

I am snowed under with work and we are moving house around new year so im really hoping this doesn't get to court

KeithP

BoilerGuy said:

Can anyone advice me on the next step...

As the second post of the NEWBIES thread says, you need to be gathering evidence and writing a Witness Statement.

Or rather, the Defendant does that. Is your wife the named Defendant?

BoilerGuy

KeithP said:

lilbrookesy said:

Can anyone advice me on the next step...

As the second post of the NEWBIES thread says, you need to be gathering evidence and writing a Witness Statement.

Or rather, the Defendant does that. Is your wife the named Defendant?

I am the named Defendant.

Coupon-mad

Can anyone advice me on the next step.

As per the hearing Order from the local court, the second page tells you that you MUST file and serve your WS and evidence in December (and it specifies by when).  You won't have heard anything else from the court, they don't write out to tell all the Defendants, if a C has paid the hearing fee or not!  You must assume they did and crack on with your next task, as the NEWBIES thread tells you.

There is an example WS and evidence, and costs assessment, in the NEWBIES thread 2nd post.  This is your chance to provide your evidence and you must not miss that deadline.  

I suggest you sit down and re-read the 2nd post of the NEWBIES thread which takes you through all stages, right to the hearing.

KeithP

Perhaps you need to consider privacy.

Your Defence has your full name in clear view, together with your Claim Number.

With that in mind, perhaps you should consider changing your forum username.

To help with that, have a read of this item from the Forum's FAQs:

Can I change my username?

In most circumstances, we don't allow this.

The only reason we will change your username is if it puts your privacy at risk e.g. you've inadvertently registered using your name, email address or something which gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com your current username, the email address you registered with and three alternative usernames in order of preference.

BoilerGuy

Thank you @KeithP i will look at writing my witness statement and gathering some evidence although i don't really know what evidence i can gather. It was a long time ago and i haven't been to the cafe this happened at. I just know my wife went when they just started the car parking and didn't know as she didn't go to the cashier.

Coupon-mad

although i don't really know what evidence i can gather.

As I said, you just need to look here because the NEWBIES guidance gives a list of typical exhibits, so you already have some:

There is an example WS and evidence, and costs assessment, in the NEWBIES thread 2nd post.  This is your chance to provide your evidence and you must not miss that deadline.  
I suggest you sit down and re-read the 2nd post of the NEWBIES thread which takes you through all stages, right to the hearing.

nosferatu1001

What parking firm is it?
did they meet the requirements of pofa to potentially hold you, as keeper, liable?

D_P_Dance

Have you complained to your MP?  Many/most of these tickets are scams.

BoilerGuy

nosferatu1001 said:

What parking firm is it?
did they meet the requirements of pofa to potentially hold you, as keeper, liable?

Its civil enforcement Ltd, they have mentioned this on the second letter they sent me.

It was a letter of notification regarding keeper liability, says Its been over 30 days since PCN issued, trherefore in accordance with schedule 4 of the protections of freedoms act 2012 as the registered keeper of the above vehicle, you are now liable for the full amount outstanding for this PCN blah blah blah

BoilerGuy

D_P_Dance said:

Have you complained to your MP?  Many/most of these tickets are scams.

Our MP is useless i doubt he would do anything. People have been complaining about these company's as they are common around our area and nothing has been done.