County Court Claim - NCP Parking outstayed by 20 mins

Monseymoo

Sorry ive been over that section but cant see reference to this form at all, additionally Is there a way to download the form as I dont have a scanner?

Coupon-mad

Monseymoo said:

Hi everyone I received a N159 form from the courts suggesting mediation and asking  the following:
"The court needs to be able to contact you by telephone.  Please immediately email the court xxxxxemail addressxx" with your telephone number where you can be reached for any telephone h@Coupon-mad

Couple of questions do I need to complete the N159 there are 3 boxes A - I agree that the claim should be dealt with on the papers alone or B - I do not agree that the claim should be dealt with on the papers alone and C - I have sent a copy of this completed form to the other party 
I received BW legals copy of the N159 today and they have ticket boxes A and C

Obviously I know I need to email the courts with my mobile number but from reading this from the courts it appears I have to respond back to them.  I assume they are trying to encourage we work it out between us!

I have searched through the forum and from what I can see I need to tick boxes B and C and send a copy to the court and to BW Legal by email can I just get a check thats the correct next steps?  
Thanks @KeithP @Coupon-mad

Sounds right.  You certainly don't want a hearing on the papers.

Monseymoo

Anyone know how I can get a copy of the form? @KeithP @Coupon-mad

Coupon-mad

Hi everyone I received a N159 form from the courts

Anyone know how I can get a copy of the form?

Don't understand the question?

Monseymoo

They have sent me a partially filled in N159 form but I dont have a scanner so cant see how I can fill it in and email it, with other forms I was able to download them do you think taking a photo of it filled in and saved as a PDF is sufficient?

Coupon-mad

Or posting it and keeping a photocopy of photo for yourself?

D_P_Dance

You can download one here

https://uk.practicallaw.thomsonreuters.com/w-007-1946?transitionType=Default&contextData=(sc.Default)&firstPage=true

KeithP

D_P_Dance said:

You can download one here

https://uk.practicallaw.thomsonreuters.com/w-007-1946?transitionType=Default&contextData=(sc.Default)&firstPage=true

That might not be as easy as you appear to make out.

Whilst that website does advertise a free trial, when trying to take advantage of the free trial, one is confronted with...

Request a trial

If you are a lawyer or work in a legal capacity and would like a trial of Practical Law, please complete the below form and a Thomson Reuters representative will contact you to discuss your needs.

It might be easier for the OP to knock on a few neighbour's doors looking for a scanner. 

Monseymoo

Hi everyone so to summarise I submitted the form N159 stating that I didnt want the matter to be sorted by papers alone ticking boxes B and C (B - I do not agree that he claim should be dealt with on papers alone and C - I have sent a copy of this completed form to the other party).  This was then emailed to the court and to the Claimant.
Today I received a massive stapled mound of documents from BW Legal for their client National Car Parks which is their witness statement.  It has reems of I'd imagine standard text they use for all cases including land registry details, photos of the car parking signs, copies of all payments for parking by registrations on the day including mine (highlighted).  The witness statement references "The decision made by His Honourable Judge Richard Parkes QC on 29th July 2020 following the claimant (Britannia Parking) successfully appealing the decision of District Judge Grand" then loads of bullets about the case I'm assuming but its pretty confusing

So to be on the safe side as to what to do next I contacted my county court to check and they have advised that I actually have until the 7th June at 4pm to submit my witness statement - news to me but thank god I called them!  I still havent been given a date for a hearing so this is all a bit of a shock that I didnt know a witness statement was required by this date. 

So I now need to get this statement put together and sent off to the court and the Claimant.  I will be summarising that I paid for 1 hour parking, realised I had lost my wallet when I returned to my car,  I then found my wallet which had been handed in at a local shop I had visited 12 mins later, this resulted in me over staying by around 20 mins.  

I will look at other witness statements and particularly this one which is a similar scenerio but wanted to ask if I pull this together would you be so kind as to read over it for me once compiled? @redux @KeithP @D_P_Dance @Coupon-mad.

The whole thing is stressing me out no end and I'm hopeful this will get sorted ASAP 

Monseymoo

Just to add reading through their WS they keep stating that I have clearly just copied and pasted defense templates from the internet other than a couple of paragraphs....

The main paragraph of relevance from them is this...
"It is irrelevant whether she lost her wallet, she could have simply increased her parking by accessing hte paybyphone application and making payment to cover for the additional 20 minutes before leaving the car park."
Im starting to fear based on the above there is no way I will win - thoughts?

They also have stated:
"Copying and pasting a template defence word for word does not constitute conduct which permits of a reasonable explanation.  It is therefore submitted that the Defendants use of an internet template based defence is unreasonable behaviour"
#stressed