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Defence template adjusted for parking charges.

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Comments

  • DBTHype
    DBTHype Posts: 53 Forumite
    Third Anniversary 10 Posts Name Dropper
    Hi guys, I have recently received this:
    So now I'm going to get my witness statement and any other documents in my defence sent out to the claimant and the court. Do I need to use a N265 form to do this?
  • KeithP
    KeithP Posts: 41,240 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DBTHype said:
    Do I need to use a N265 form to do this?
    No. Definitely not.

    The first line of that form states:
    The rules relating to standard disclosure are contained in Part 31 of the Civil Procedure Rules.

    The first point of Part 31 of the CPR states:
    This Part applies to all claims except a claim on the small claims track.


  • Coupon-mad
    Coupon-mad Posts: 148,599 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 April 2021 at 11:09PM
    Search the forum for Dispute Resolution 30 minutes because this is a waste of time halfway hearing (some Judges are useless and primed to get the Defendant to feel hopeless and settle).  It is not the main hearing and you are unlikely to get the same Judge then.

    Comply with all Directions on any Court letter, get your phone number emailed to the court in time and attend, but be aware it will be half an hour by a Judge who probably has looked at nothing.  Be available for the entire 3 hour window stated there, and add another hour as well in case the Court rings you late.  
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Le_Kirk
    Le_Kirk Posts: 24,176 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    That is a ridiculous attempt to minimise delay!  We want to cut out delay during the pandemic so what we will do is ........... introduce a dispute resolution hearing which will, in fact, add to the delay!  I think that whoever came up with the idea should look up the words, justly, efficiently and proportionately.
  • Coupon-mad
    Coupon-mad Posts: 148,599 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 April 2021 at 7:19PM
    It's because loads are being settled this way so it saves the courts time and money. 

    I saw some crap recently in Parking News (the BPA make it available on Twitter every month...well worth a read, to find the snippets about private parking and what they think of how the new Code of Practice & framework is going) where one of the law firms were crowing about Dispute Resolution hearings resulting in more money flowing in because a high percentage are then settled (it's like Mediation only with some clueless part time Deputy District Judges* pressuring for settlement and telling some Defendants that they have no case...''Beavis, innit''). 

    The same law firm in the article, were moaning - it seemed to me - that they can't often get costs for unreasonable conduct when consumers dare to defend parking cases with template wording (I am remembering it vaguely...this is not verbatim, just my recollection of the thrust of the article).  




    * plenty of DDJs are very good, just to clarify.  I have nothing against DDJs per se, but these Dispute Resolution hearings have been reported as having clueless Judges who've never seen a parking claim before and have no idea about the outrageous scam being operated, day in, day out, across E&W.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • DBTHype
    DBTHype Posts: 53 Forumite
    Third Anniversary 10 Posts Name Dropper
    Thanks. Ok so comply with all directions and get phone number mailed over to them.

    Searching the forum for Dispute Resolution 30 minutes does not bring anything up except for this thread?

    Once I have put my witness statement together is there any harm in posting it on here with any relevant documents?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    The search function on this new forum is useless , well documented , but it's the same for all of us and has been for 14 months !!

    Try Google and add mse
  • Umkomaas
    Umkomaas Posts: 42,922 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    DBTHype said:
    Thanks. Ok so comply with all directions and get phone number mailed over to them.

    Searching the forum for Dispute Resolution 30 minutes does not bring anything up except for this thread?

    Once I have put my witness statement together is there any harm in posting it on here with any relevant documents?
    Are you using the search function at the top of the forum thread list, or the one at the top of your own thread?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • DBTHype
    DBTHype Posts: 53 Forumite
    Third Anniversary 10 Posts Name Dropper
    Thanks Umkomaas....I was using the search function at the top of my own thread!
  • DBTHype
    DBTHype Posts: 53 Forumite
    Third Anniversary 10 Posts Name Dropper
    Ok, so my Dispute Resolution Hearing by telephone was yesterday between 10.00 and 13.00.
    I did not receive a call off the courts, I've had no missed calls or any txt's of missed calls, also checked emails and had no email?
    Today I have called the County Court and they have said they do not have my contact details on record and I am to await the order from the court.
    Where do I stand?

    I did send witness statement and telephone contact details by email and have the returned email conformation from the court.
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