Court Claim Defence Guidance - UK Parking Control Ltd

Coupon-mad

Nope you need to supply the transcript. As seen in the examples by wobs2k and ricky_balboa

RS2002

Good afternoon everyone 

I've just received the N157 (Notice of Allocation to Small Claims Track) letter. I haven't been given a hearing date yet, but it does state that any witness statements and evidence need to be submitted by 06/07/22. My WS is 95% finished anyway, so that's no problem.

Before I submit my WS i'd ideally like to read the claimant's first, as a small section of my WS is dependent on their specific response. Am I likely to receive theirs in good time from your experience, or is it not worth the risk of waiting to the last minute in the hope of receiving it before submitting mine?

Thanks as always.

KeithP

The Claimant has the same filing deadline date as you.

They will also be hoping to see your Witness Statement and evidence so that they can rip it to pieces when filing theirs.

Suggest you take the same approach - delay filing and serving your stuff until the last possible moment in the hope of seeing theirs and being able to comment on it.

RS2002

KeithP said:

The Claimant has the same filing deadline date as you.

They will also be hoping to see your Witness Statement and evidence so that they can rip it to pieces when filing theirs.

Suggest you take the same approach - delay filing and serving your stuff until the last possible moment in the hope of seeing theirs and being able to comment on it.

Brilliant, thanks for the advice. I'll do just that and wait until the last minute before submitting my WS then. If it gets down to the wire, i'll just have to remove the small section that addresses their WS (not a big deal overall).

Thank you 

RS2002

I've not long had a missed call from DCB Legal, after which they left me a voicemail too. They didn't say much in the message, something along the lines of "This is a message for *defendant's name*, it's DCB Legal here. Please give us a call back when you can".

I haven't returned the call yet (not sure whether I should?), as I wanted to seek advice here first. Is it common to be contacted directly by the claimant's legal representatives? My first guess was that they want to discuss potentially coming to a mutual agreement out of the court?

Any input would be appreciated. Thanks as always 

KeithP

I would suggest you ignore that call.

After a call like that, so often the next thing that happens is that the Defendant receives an email from the Claimant discontinuing the case.

They want you to phone so that they can tell you that your case is bound to lose and that you would be better off agreeing something. They would be telling fibs, and of course there is nothing in writing.

RS2002

KeithP said:

I would suggest you ignore that call.

After a call like that, so often the next thing that happens is that the Defendant receives an email from the Claimant discontinuing the case.

They want you to phone so that they can tell you that your case is bound to lose and that you would be better off agreeing something. They would be telling fibs, and of course there is nothing in writing.

I appreciate the clarification, I thought that might be the case but wanted to check before I did anything. A discontinuance email would be very welcome, that would be a great end to this saga 

Thank you.

RS2002

The deadline for submitting my witness statement and supporting evidence is tomorrow (06/07/22). The latest letter i've received states that it should be filed "no later than 6th July", so I assume it's still acceptable to submit it on the actual day of the 6th? 

I'm yet to receive a copy of the claimant's WS and/or evidence, so i'm reluctant to submit mine until then. Do I continue to wait and send it tomorrow evening for example?

Thank you! 

Umkomaas

More often than not the Claimant's WS is served either right on deadline, or even later. Just make sure you're not missing your deadline by waiting.  Do you have it ready to go?

I wouldn't send anything to a court outside of business hours, so I'd work on 4pm as the absolute latest time to email it (and, of course to the Claimant solicitor). 

bloodyccbc

If you are all ready to file then I would probably wait until tomorrow afternoon, I had up until 4pm 13/07/22 to file my WS. This morning I received a Notice of Discontinuance. I really hope you receive one too.