County Court Claim received not sure on defence strategy - I beat the system!

KeithP

alldoors said:

Their interest calculation is 2p per day and comes to £6.39. This equates to 319 days.

That's true for a simple interest calculation.

However with compound interest, where interest is accumulated on interest and rolled into the capital, usually on a monthly basis, the figures they quote could actually be true.

I am sure there are plenty of compound interest calculators on the internet but I haven't yet bothered to look for one.

alldoors

The sign says you are to pay £40 if you pay in 2 weeks, or £80 if you pay within 28 days. It looks like they have worked it out on the £80 (and not the £150 which included the "damages"). The actual rate should be 0.01753 per day and they have nicely rounded it up to 2p per day. So from my reasoning, the £80 didnt become overdue until 16th February which is 28 days after the parking event. From 16/02 to 20/9 (court claim issue date) this is 216 days. This is £3.79.  Their calculation is £6.39!

Coupon-mad

None of it matters. Call it out in a one-liner if you want in the defence.  They won't win anyway.

alldoors

KeithP said:

alldoors said:

Their interest calculation is 2p per day and comes to £6.39. This equates to 319 days.

That's true for a simple interest calculation.

However with compound interest, where interest is accumulated on interest and rolled into the capital, usually on a monthly basis, the figures they quote could actually be true.

I am sure there are plenty of compound interest calculators on the internet but I haven't yet bothered to look for one.

The compound interest did cross my mind but the guidance on the gov.uk site is a very simple calculation. If the worst comes to the worst and we lose, we will pay half the interest and hopegully get the "damages" removed. Hoping it doesnt get that far and they discontinue when they see my witness statement! Here is a screenshot of the gov.uk 

Umkomaas

alldoors said:

The sign says you are to pay £40 if you pay in 2 weeks, or £80 if you pay within 28 days. It looks like they have worked it out on the £80 (and not the £150 which included the "damages"). The actual rate should be 0.01753 per day and they have nicely rounded it up to 2p per day. So from my reasoning, the £80 didnt become overdue until 16th February which is 28 days after the parking event. From 16/02 to 20/9 (court claim issue date) this is 216 days. This is £3.79.  Their calculation is £6.39!

£80 is the standard parking charge which is discounted if paid early. The fact it wasn't paid means the £80 becomes fully in play from day 1, and potentially subject to interest. But it really doesn't matter, as even cases which have been lost in court have routinely had the interest rate knocked back to 1% or 2% by the judge. As Coupon-mad said, a one-liner to call it out. 

alldoors

Hi all, we are a little bit further in the process now. Have received a letter from the claimant asking if we would like to mediate which has not been replied to. Today we have received the directions questionnaire. The postmark on the envelope is the 29th November so has taken a week to get to me due to the Xmas post and Royal Mail issues. We have until the 12th December to get it back to them. Bearing in mind there are Royal Mail strikes pending again, rather concerned that it wont make it there in time. Is it worth sending it Special Delivery? 

Just looking through the guidance on here with regards to Section D of the form.... it says "D1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there. They will ask for theirs but protocol dictates it is your court" The section D on my form is different. It has a heading "suitability for determination without a hearing" ? I'm going to tick no and that we want a hearing and put in the description "I refute that any contract was entered into with the Plaintiff and believe that the case should be struck out". Does that sound ok? Need to get it in the post tomorrow. Could I email this form to CCBCAQ@justice.gov.uk?

Also, as I wish to assist my daughter in court, if she puts me down as a witness, can I go along and give evidence? I have been to the location and gatherered lots of evidence.

Coupon-mad

No you can't be a witness if you were not in the car and are not the Defendant (the Defendant is a witness).

Your question about how to answer the new Q on the DQ is fully covered in a thread in June by @Grizebeck

alldoors

Will I be allowed to go to the Court to support my daughter?

KeithP

alldoors said:

Hi all, we are a little bit further in the process now. Have received a letter from the claimant asking if we would like to mediate which has not been replied to. Today we have received the directions questionnaire. The postmark on the envelope is the 29th November so has taken a week to get to me due to the Xmas post and Royal Mail issues. We have until the 12th December to get it back to them. Bearing in mind there are Royal Mail strikes pending again, rather concerned that it wont make it there in time. Is it worth sending it Special Delivery? 

Just looking through the guidance on here with regards to Section D of the form.... it says "D1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there. They will ask for theirs but protocol dictates it is your court"

Need to get it in the post tomorrow. Could I email this form to CCBCAQ@justice.gov.uk?

Postal strikes?? Special Delivery?? Irrelevant.

Email is quicker, isn't it?

Go back to that checklist you were following when you filed a Defence and read items 8, 9, 10 and 11 on it.

KeithP

alldoors said:

Will I be allowed to go to the Court to support my daughter?

Yes.

Read  The Lay Representatives (Rights of Audience) Order 1999