Court Claim - Premier Park Ltd

Coupon-mad

Leave it out.  A more honest stance.

Deku_

Thank you for the inputs so far. I've updated the Draft Defence to remove the line regarding Denying being the driver.

Are there any other suggestions or changes anyone would suggest?

1505grandad

Pedantic observation:-

Para 3.2  -  "Had this been the intention of (p)arliament, they would..."  -  capital (P)

Deku_

Thanks @1505grandad, well spotted!

I'm just about ready to submit, I believe. Any other suggestions before I do so?

Deku_

I've now submitted my Defence to CCBCAQ@Justice.gov.uk.

I'll keep this thread updated with my progress. Here's hoping for a favourable result!

KeithP

Deku_ said:

I've now submitted my Defence to CCBCAQ@Justice.gov.uk.

Do ensure you receive an automated email receipt.
If you don't get one, send your Defence again during normal working hours.

Deku_ said:

Here's hoping for a favourable result!

There's more to do before you get any result - favourable or not.

Continue to follow the guidance, both in the opening post of the Template Defence thread and also in the second post of the NEWBIES thread.

Coupon-mad

Yep, auto acknowledgement must be obtained and please check the 12 steps in the Template defence.

This is because the people here do this in our own time and the forum is a finite resource.  Unfortunately, we just don't have time to answer when people forget those 12 steps and come back as if the first letter and form to arrive is something new and unexpected that they need help with.

Deku_

Hi All,

After a reasonable wait I've now received a court date of the 1st November which will take place remotely. I've actually moved nearly 500 miles away since this claim began so an in-person hearing is out of the window unfortunately.

Today, I've received an email from Premier Parks Sols, Gladstones, advising:

"W e act for the claimant in the above matter.

 

Please find attached, by way of service, the Claimant's Witness Statement.   

 

In accordance with CPR 27.9 our Client hereby gives notice that it will not be attending the hearing.

 

We confirm the court has been informed and that we have asked the Court to decide the claim in our Client's absence based on the evidence submitted.

 

We confirm the statement has been filed at the Court, "

Can I take from this that they will have no representation at the hearing at all? Or does this mean it will just be their solicitor?

They've included their documents, which make a few references to my defence being "copy and pasted off the internet".

Their bundle should be viewable here: https://imgur.com/a/bwzmil8

Their bundle makes no mention of proving who the driver was at the time of their PCN, which I think is my main defence here? Any advice on this hugely appreciated! I've still got a bit of time for further research and prep, which I intend to make use of.

Umkomaas

Have you submitted your own WS and evidence bundle?  Normally if the defendant receives the claimant's WS before submitting their own, they have already missed the deadline (which is the same for both parties) as claimants are notorious for issuing theirs on the deadline, or even after it. What is your deadline for submission?  If you've not submitted, that has to be your primary task now. 

Don't assume you can just rely on your Defence. The court will have instructed you to submit to them and the claimant 'all documents on which you intend to rely'. Failure to do so will likely see you lose the case and with the potential for very hefty costs on the grounds of 'unreasonable conduct' in ignoring a court order. 

Can I take from this that they will have no representation at the hearing at all? Or does this mean it will just be their solicitor?

I'm afraid you can't. The parking firm won't be there, Gladstones won't be there, but they will hire a freelancing legal advocate to face you at the hearing. 

Deku_

I haven't submitted my own evidence bundle yet. The deadline is 4pm on the 27th of October.


I will set about drafting a witness statement. I'll need to have a good search around the forums for some examples / previous advice to try and get an idea of what I need to include. 

I'm afraid you can't. The parking firm won't be there, Gladstones won't be there, but they will hire a freelancing legal advocate to face you at the hearing. 

Oh, I see. Thanks!