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

Coupon-mad

I thought it was £100 for the application but none of us who have replied are legally trained.   Maybe it is £255.
What do the CPRs say?

Or do you qualify for help with court fees (low income) in which case, apply for that too if the application would be free or cheaper in your case.

san2020

nosferatu1001 said:

Use numbered points please! Means we can respond to your questions more easily
1) Easy, change HTTP to sayt HXXP, and we will correct the URL. 
2) You appear not to have taken in the above info. You cannot just file a new defence. You have to apply to ask the court if you can do so, and applying WILL cost you £255. You will not be able to recover this cost from the claimant. Not a hope. This was YOUR mistake, not theirs, so why should they pay?!
3) what do you mean by "response"? Use the actual terms - you are showing us a defence, a WS, a SAR ouput, etc. "response", by itself, means nothing. 
4) which WS are you uploading? Yours?

1: OK will try next
2: point.
3: Response meant defence. (my defence)
CCBC Northampton letter dated: 15th Jan 21.
AOS filed: 19th Jan 21
Notice of Proposed Allocation to Small Claims Track: 21st Jan 21 (also made a counterclaim with poor reasoning, which has been struck out on the letter from Court (Notice of Allocation to the Small Claims Track (hearing) dated 25th Feb 21.
DQ sent: 28th Jan 21 (will avoid this on in the future)
4: Defendant's WS can be added, but this is just very much in draft stage.
Can upload as a file if the system allows.
5: I requested SAR and got details of 2 pcn's (on the same day) 2nd one is for BP Fuel station at EMA airport. No Court proceedings yet for this one (yet).
SAR contains NTK, PCN, Demand for Payment, Final Demand, LBC and 3 pics of the vehicle.
hxxps://docs.google.com/document/d/1ZNygSHUDN76LijpTirsHr4HmIQwl2GYgiMksHEIHAP8/edit?usp=sharing

san2020

Le_Kirk said:

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.

1:  via MCOL I sent this: "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."
2: Happy to add in a file (doing some compiling but don't understand law :S ). let me try this now.
3: £235 is being charged. Appeal /amendment of defence route is probably £255.
4: Could you confirm if I stand a chance to submit the revised defence (hopefully attached). no idea.
5:  OK will do, none of the contact numbers of the (nottingham Court) work accurately. Ringing 01159103500 option 5 (appeals) or 3 (Civil) was a waste of time as all options lead to a disconnected phone call.
here goes:
hxxps://docs.google.com/document/d/1XtgVZL_x4xFIrUlUcebTGCFN9_NRiujwRqnzGLdREuw/edit?usp=sharing

KeithP

5:  OK will do, none of the contact numbers of the (nottingham Court) work accurately. Ringing 01159103500 option 5 (appeals) or 3 (Civil) was a waste of time as all options lead to a disconnected phone call.

You should not be trying to contact any court in Nottingham.
Where did you get that 01159 number from?

The County Court Business Centre is in Northampton.
Their phone number is on your County Court Claim Form.
It can also be easily found by googling CCBC phone.

Here is your link made live:
https://docs.google.com/document/d/1XtgVZL_x4xFIrUlUcebTGCFN9_NRiujwRqnzGLdREuw/edit

san2020

Coupon-mad said:

I thought it was £100 for the application but none of us who have replied are legally trained.   Maybe it is £255.
What do the CPRs say?

Or do you qualify for help with court fees (low income) in which case, apply for that too if the application would be free or cheaper in your case.

Not sure how much it is? CPRs? 
Sorry I don't qualify for the low income category.
According to the notice of Allocation to the Small Court Track (Hearing) from County Court Notts, I am able to reply to confirm if I want the hearing to proceed on the basis of provided evidence and written submission. i was hoping to reply using the below:
"Dear Sir/Madam,

With reference to the Notice of Allocation to Small Claims Track (Hearing) - ********, dated 25th February 2021, I can confirm receipt of the above document and Notice of Trial.

On 18th February 2021, District Judge Wylie ordered the above.
With Reference to Para 5, the judge ordered that the claim will be carried out on their documentary evidence and written submissions, without attending at Court. 

Regarding the above, defendant requests for a hearing to take place in person (i.e. by use of video call or similar). defendant agrees with the remaining items listed in the Order by District Judge Wylie. (1-4, 6-9).

Defendant requests the defence to be amended and if the Court will order that the Claimant provide you first with 'further and better particulars of claim' stating in particular, whether they are relying upon the POFA 2012 to hold Claimant liable as registered keeper, or if they believe the defendant was the driver, what the alleged breach actually was and a copy of the contract which was omitted from previous letters and has never been seen.

Kind Regards,"
Assisted by C_M 

KeithP

According to the notice of Allocation to the Small Court Track (Hearing) from County Court Notts,...

Once again I will say - you are not dealing with anything or anybody in Nottinghamshire.

Please read again my earlier post this evening on this thread.

nosferatu1001

Keith - you havent quite read all of it. the OP is allocated to a court in Notts now. Hence they are talking about WS

San - stop. 
You cannot just "ask" for permission to file a new defence, and new particulars of claims from the claimant. That proposed letter above will be responded to with "file an application"
Stop thinking about filing a new defence. This is taking you away from what you can pragmatically do
What C_M meant above by "without notice" is exactly that; SOME applications to court can be made without notifying the other parties. I am pretty sure this is NOT one such as every piece of case law I can find states that amending statements of case - a defence is a statement of case, I believe - must be notified to all parties. 
As such - the claimant WILL OBJECT to your amendment. WILL. This forces a hearing, forcing you to pay £255. So stop going down this route, it frankly is better for you to pay, now, than spend £255 in a futile application to amend your defence, that you will never ever ever get back from the claimant. 
CPR - Civil procedure rules. Google would have told you that. Newbies thread probably does as well.
Work on your Witness Statement, as this is your ONLY chance to recover this mess
I really hope you didnt pay for that nonsense counterclaim. 

Le_Kirk

As @nosferatu1001 advises, it is time to work on a witness statement.  It should be in support of and back up what you said in the defence but, since you filed a very short defence with very little (if any) technical or legal argument, that is going to be difficult.  A witness statement is also a narrative (written in the first person - "I" did this that and the other) and tells the story of what happened on the day.  Use the first part of that new "defence" you wrote and turn it into a first person statement.  If the claimant is claiming a false/spurious amount (£60 normally) for debt control or admin you can leave in the parts about double recovery and any evidence that supports that issue.
What you need to do is to try to weave in the reasons why you did what the claimant is claiming OR why you didn't do what the claimant is claiming. 

san2020

nosferatu1001 said:

Keith - you havent quite read all of it. the OP is allocated to a court in Notts now. Hence they are talking about WS

San - stop. 
You cannot just "ask" for permission to file a new defence, and new particulars of claims from the claimant. That proposed letter above will be responded to with "file an application"
Stop thinking about filing a new defence. This is taking you away from what you can pragmatically do
What C_M meant above by "without notice" is exactly that; SOME applications to court can be made without notifying the other parties. I am pretty sure this is NOT one such as every piece of case law I can find states that amending statements of case - a defence is a statement of case, I believe - must be notified to all parties. 
As such - the claimant WILL OBJECT to your amendment. WILL. This forces a hearing, forcing you to pay £255. So stop going down this route, it frankly is better for you to pay, now, than spend £255 in a futile application to amend your defence, that you will never ever ever get back from the claimant. 
CPR - Civil procedure rules. Google would have told you that. Newbies thread probably does as well.
Work on your Witness Statement, as this is your ONLY chance to recover this mess
I really hope you didnt pay for that nonsense counterclaim. 

OK, lets go through the WS route now. advise from CCBC re changing claim is as follows:
N244 is needed, along with fee of 100.
and 

• Your application is not automatically granted. The outcome of your application is at the discretion of a District Judge or a court appointed Legal Advisor.

nosferatu1001

What do you mean by "changing claim"?
Be precise. This is a written medium. Dont make us guess. There are terms to use, use those terms

So you need to ensure you request an in person hearing, withgout the crap at the bottom about new POC etc.