EMA airport fine for stopping at double yellow line - court date in near future.

Coupon-mad

nosferatu1001 said:

It willl end up being £255, as the claimant wil object, and that forces a hearing. Just not worth it. 

I am not sure the C needs to be asked - isn't asking for permission to amend a defence, a 'without notice' application to the court alone?

Le_Kirk

1) What is the defence that you actually sent by e-mail or posted on MCOL?  You need to be accurate in what you post here so that you can be aided.
2) What will your defence be if you are able to file an amended defence?
3) Looking at the worst case scenario, what is the amount that is being claimed (it will be on the claim from (N1)?  If you add ANY amount (let's call it £255) to this for amending a defence, does this make economic sense?
4) IF you are able to submit a revised defence, is it likely to win?
5) Looking at the post by @Coupon-mad (one of the forum top posters) contact CCBC and try to find out if it is possible to file an amended defence and what it will cost.

nosferatu1001

Coupon-mad said:

nosferatu1001 said:

It willl end up being £255, as the claimant wil object, and that forces a hearing. Just not worth it. 

I am not sure the C needs to be asked - isn't asking for permission to amend a defence, a 'without notice' application to the court alone?

The C must be informed of the application, to my knowledge. As this directly affects them - they have already decided to proceed, based on the defence submitted. That decision may be materially affected by an amended defence
As such tghey will object, its a no brainer for them to do so, and bang. £255
Dont go near an amended defence with a bargepole. It makes no sense to do so

Coupon-mad

I agree, IF it's not a 'without notice' application.  I don't know either way but there are some applications that do not need to be served to the other side. 

For example, the £100 applications BW Legal made to resurrect stayed cases from 2018 didn't have to alert the other side.  It's a ''Dear court, please let me do this and here is £100, thankyou'' application that either gets agreed or not.

nosferatu1001

From reading up, the test that shoudl be applied is a "real prospect of success" and this requires the other parties input. 

san2020

nosferatu1001 said:

Tell us the date  you need to file your witness statement and defence by
What counterclaim did you file?!

Many thanks, the WS and Documents due date is 5th May 21. 

san2020

san2020 said:

nosferatu1001 said:

Tell us the date  you need to file your witness statement and defence by
What counterclaim did you file?!

TMany thanks, the WS and Documents due date is 5th May 21. 

Counter Claim wording as below which have been Struck Out because it discloses no reasonable grounds for bringing a claim.
"I would not want to claim but as I am pushed to reply and deal with this, hence I don't see a choice except to take it up using this route."

san2020

Le_Kirk said:

You can amend or file an alternative defence but it costs £100 (I believe).  Your best chance is to try to recover it by writing a comprehensive witness statement.  Unfortunately it is not possible to introduce new defence points in your witness statement so it will have to be carefully crafted.  As asked by @nosferatu1001 what is your deadline?

Deadline is 5th May 21. 
also point 4 of Allocation to Small Claims Track (Hearing) says: by 4pm 18th March 21, I have to notify if I agree with small claims being done on the evidence and written submissions.

Coupon-mad

san2020 said:

Counter Claim wording as below which have been Struck Out because it discloses no reasonable grounds for bringing a claim.
"I would not want to claim but as I am pushed to reply and deal with this, hence I don't see a choice except to take it up using this route."

I hope you didn't waste a fee on that counterclaim because it wasn't one!

 by 4pm 18th March 21, I have to notify if I agree with small claims being done on the evidence and written submissions.

For which the answer is always ''no'' of course.  The NEWBIES thread tells you NEVER to agree for your case to proceed without a hearing.

san2020

Umkomaas said:

As per @nosferatu1001's advice, it's likely to be £255 which you won't get back. How much are VCS looking to grab from you? If you're seriously thinking of launching £255 into a black hole, you may need to be thinking about 'doing the math'. 

I'm not sure whether there is any income-based reduction in (or no) fees for doing the revised Defence (there is for some other parts of the court process that requires a fee), but check out the possibility and the criteria before stepping over the cliff.

VCS are aiming to get £235 including Solicitor (50) and Court fee (25). 
I was going to agree with change of £100 which would change the defence which I submitted.
my poorly drafted defence below:
"according to the paperwork received, I do not believe I am liable to pay any of the claimed amount nor have I completed a transaction which I have not paid. I am trying to understand on what ground the claim has been made. As I did not do anything illegal, I am confused and am hoping for a clarification of this."
I don't prefer to go for mediation but if the above maths are suggested and not just the £100, I may need to think twice. 
Thanks