Small claims court

Coupon-mad

Nothing will ever change on MCOL!  That was just the gateway to transfer it locally. MCOL is not involved now.

chenyu

Ok, so has anyone else gone to court ?

Coupon-mad

Unsure what you mean?

Every other thread is about court claims and hearings. We do this every day so you can read loads of court reports.

chenyu

So update I have been to court today and the claimant tried to do a deal of £200 I said no thank you. We went to court and the judge has postponed it for 28day ,due to the fact it was my daughter driving and not me.  The claiments solicitor said most of the documents I had sent in we're out if date but they weren't 😡. So after we came out they offered me to pay £160 I declined so I guess I wait and see what happens now .

Coupon-mad

We went to court and the judge has postponed it for 28day ,due to the fact it was my daughter driving and not me. 

Whaaat?  Why on earth would that need the hearing postponed? The driver isn't the defendant (is she?) so she doesn't have to come to court.

Surely you didn't get a Judge who thought it is fair to drag the driver to a hearing, when as a matter of law you don't have to name her - and she isn't the Defendant, you are?

If you are the named Defendant and were only the registered keeper, not driver, then the Judge should have been able to determine today whether you are liable under the POFA 2012. And whether a contract was formed with the driver by clear signage, and so whether the Claimant succeeds or not.

Those facts were easy for any Judge to explore. 

IloveElephants

Coupon-mad said:

We went to court and the judge has postponed it for 28day ,due to the fact it was my daughter driving and not me. 

Whaaat?  Why on earth would that need the hearing postponed? The driver isn't the defendant (is she?) so she doesn't have to come to court.

Surely you didn't get a Judge who thought it is fair to drag the driver to a hearing, when as a matter of law you don't have to name her - and she isn't the Defendant, you are?

If you are the named Defendant and were only the registered keeper, not driver, then the Judge should have been able to determine today whether you are liable under the POFA 2012. And whether a contract was formed with the driver by clear signage, and so whether the Claimant succeeds or not.

Those facts were easy for any Judge to explore. 

Absolute crazy, why do they have to drag on something like this for so long. I am in same position, waiting for my Hearing in November. While we should focus on important things in the world, volunteering, plastic in our oceans, climate change, good causes etc.. 

chenyu

I know right this was a waste of everyone's time. What normally happens now ?

Coupon-mad

Whatever your Judge said would happen. This is not a normal occurrence. We don't know what he said.

What on earth did he say (exactly)?

Surely he is not substituting the defendant for your daughter?

chenyu

So the date for both Patty's to write to the court to say what we want to do has passed. I sent my letter in days before but I have not heard from the court or the claimant does this mean it's been thrown out ?

KeithP

Any chance of you answering the questions posed by @Coupon-mad on 6 July at 1:32PM?