Notice of proposed allocation to the small claims track

Lisatcb

Hello everyone! 
Happy new year! 
Update..
So I've now received 
General from of judgment or order..
It says I can if desired amend my defence  ..
Any help on making it a defence and not witness statement...
Many thanks 

Umkomaas

Lisatcb said:

Hello everyone! 
Happy new year! 
Update..
So I've now received 
General from of judgment or order..
It says I can if desired amend my defence  ..
Any help on making it a defence and not witness statement...
Many thanks 

Why have you received that?  Did you request (and pay for) to make an adjustment to the already submitted Defence?  Most unusual for the court to look at a Defence, decide they're not keen on it, then give you a freebie second chance.

Lisatcb

Umkomaas said:

Lisatcb said:

Hello everyone! 
Happy new year! 
Update..
So I've now received 
General from of judgment or order..
It says I can if desired amend my defence  ..
Any help on making it a defence and not witness statement...
Many thanks 

Why have you received that?  Did you request (and pay for) to make an adjustment to the already submitted Defence?  Most unusual for the court to look at a Defence, decide they're not keen on it, then give you a freebie second chance.

Hi...
No I didn't request anything...

Letter says...
Before district judge humphrey's at cc basildon... 
Upon reading the court file 

It's ordered that...
1. Unless by 4pm on the 5th January the claimant sends to the court and the defendant a fully pleaded particulars of clam setting out exactly what the defendant is alleged to have done to breach the terms of parking the claim will stand automatically struck out..

2. By 4pm 19th January, the defendant may if desired send to the court and the claimant an amended defence...

Any ideas what's going on haha..

Claimant has emailed the court and myself the particulars so they are not giving up...

Umkomaas

I actually didn't park there! I dropped/picked up my son at the station car park turned around and come out. 

Morning and evening.
Photos are
Entry 18/09/2020 19:00.43
Exit  19/09/2020   10:14

My mum dropped me to the station carpark in question, turned
around and drove out! Later that day she picked me up from the
station car park, turned around and drove out!

Some of this doesn't appear to be stacking up. 

Lisatcb

Also says..

This order was made on the courts own initiative pursuant to CPR 1998 
you may apply to set aside, vary or stay the order but within 7 days of notice...
Dated the 15th . So that's over I think...

Thanks.. 

Umkomaas

Lisatcb said:

Also says..

This order was made on the courts own initiative pursuant to CPR 1998 
you may apply to set aside, vary or stay the order but within 7 days of notice...
Dated the 15th . So that's over I think...

Thanks.. 

The Order appears to have emanated from the Claimant throwing together a poorly detailed POC. If they have now filed fuller particulars, then you have the opportunity to put together a more likely Defence than hitherto. 

But there are some definite 'holes' in what you've already told us, and you're being more than economical in what details you are giving us. We can't guess, we don't see the paperwork, we don't know what's going on unless you tell/show us.

Lisatcb

Umkomaas said:

I actually didn't park there! I dropped/picked up my son at the station car park turned around and come out. 

Morning and evening.
Photos are
Entry 18/09/2020 19:00.43
Exit  19/09/2020   10:14

My mum dropped me to the station carpark in question, turned
around and drove out! Later that day she picked me up from the
station car park, turned around and drove out!

Some of this doesn't appear to be stacking up. 

Oh dear... so yes basically it's my car I'm the mother but it's in my sons name... he knows all about it and is willing to come to court... but leaving me to deal with it..
I dropped him and picked him up every morning and eve so the pictures are from a pick up the night before and and morning drop off...
Both pictures are of entry's when it says exit... 
I need to relook at the defence I think... 

Thanks for your help..

Umkomaas

Who is the Registered Keeper of the vehicle - you, or your son, ie whose name appears on the V5C (logbook), 'ownership' is irrelevant?

Whose name shows on the first letter (Notice to Keeper) from the parking firm - yours or you son's?

Whose name shows on the first court claim - yours or you son's?

In whose name was the original acknowledgement of the claim made - yours or your son's?

Lots of basic tidying up needed. 

Lisatcb

It's all in my sons name! 

Umkomaas

Lisatcb said:

It's all in my sons name! 

So he must defend it, everything in his name. You are not involved, other than to act as his 'PA' in preparing papers etc.  He must be at any hearing, although you can assist as a Lay Representative or McKenzie Friend - research them both on Google so you know the extents and limitations.