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Small Claims Track help
Confusedbylaw
Posts: 25 Forumite
Hello, I need some guidance to navigate where I am in defending a claim against VCS.
Statements of case/defence were submitted and directions questionnaire with the help obtained from the forums.
The District judge has now allocated the claim to the small claims track.
The claimant has provided copies of all the documents they intend to rely upon at the final hearing.
After looking at the claimant's pack, the question I have is can the defence be changed or updated to what was previously submitted since the notice mentions that copies of all documents defendant want to rely on should be sent to them again?
Appreciate your help!
Statements of case/defence were submitted and directions questionnaire with the help obtained from the forums.
The District judge has now allocated the claim to the small claims track.
The claimant has provided copies of all the documents they intend to rely upon at the final hearing.
After looking at the claimant's pack, the question I have is can the defence be changed or updated to what was previously submitted since the notice mentions that copies of all documents defendant want to rely on should be sent to them again?
Appreciate your help!
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Comments
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You seem to have missed that defence is not your only job! Read the NEWBIES thread second post again (not the first bits about LBC and defence).
I hope you are not now in breach of the Order and are still in time to rescue this oversight.
See the example WS bundle by @wobs2kPRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Sorry should have mentioned I have done all the other steps when I first received the claim notice containing MCOL password. The notice I have now received is just to advise that the case allocated to the small claims track for hearing. The Claimant and Defendant to provide all the documents by a certain date.
The question I have is can I change or update my defence at this stage or do I have to stick to what I previously submitted. Since the case is allocated to the small claims track and the hearing date is assigned is there still an opportunity to refine my defence?0 -
No there isn't. You can expand in the WS, which is what I was explaining and signposting you to read.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
You have to stick with what you filed previously - unless you want to pay a lot of money to ask a judge for permission to change your Defence. That permission can be refused.Confusedbylaw said:
The question I have is can I change or update my defence at this stage or do I have to stick to what I previously submitted. Since the case is allocated to the small claims track and the hearing date is assigned is there still an opportunity to refine my defence?
Why don't you show us your Defence and we can probably help you make the most of it when filing your Witness Statement and evidence?
Usually the Claimant will leave the filing and serving of their Witness Statement and evidence until the last moment.
You have the same filing deadline as the Claimant, so when is your Witness Statement and evidence filing deadline?0 -
30th May for Defence and 13th June for WS0
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There is no deadline for defence. You did that already. What does the order say?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks, WS template is really good.Coupon-mad said:You seem to have missed that defence is not your only job! Read the NEWBIES thread second post again (not the first bits about LBC and defence).
I hope you are not now in breach of the Order and are still in time to rescue this oversight.
See the example WS bundle by @wobs2k0 -
Coupon-mad said:There is no deadline for defence. You did that already. What does the order say?
https://drive.google.com/file/d/1xdjKsFAvFqofNf7Fx7b9GBefO7ipbw_5/view?usp=sharing
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You had a lot of help from some of the top experts here on your CCJ thread, but despite the help given, you left the thread with no outcome to provide feedback to those who helped you. Any reason for the radio silence?While we do all of this for free, it's disappointing when we feel we are being taken for granted.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street1 -
Sorry, I don't know many features of this forum but rest assured like so many here benefitting from expert advice, I have benefitted from it as well when I thought there was no way out other than paying the operators excessive sums. Therefore, I for one do not take any of the expert's valuable help for granted.Umkomaas said:While we do all of this for free, it's disappointing when we feel we are being taken for granted.
I'd appreciate it if you can show me how to register my compliments.0
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