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Claim form defence.

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  • Umkomaas
    Umkomaas Posts: 43,348 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hopefully I don't end up at a hearing ill !!!!!! myself infront of a judge!
    No need to get into any mess!  A typical small claims court hearing generally goes like this (originally posted by forum regular @KeithP):

    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 Street
  • Alfieb93
    Alfieb93 Posts: 46 Forumite
    10 Posts Name Dropper
    I'm filling out the questionnaire. I've just noticed the questionnaire DCB legal has filled out and forwarded to me is out of date from 2014. The questionnaire the court has sent me is from 2022 and slightly different. (there is a section about settlement without a hearing).
    Could this work in my favour?
  • Coupon-mad
    Coupon-mad Posts: 151,659 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 January 2023 at 1:11PM
    Nope.  It doesn't matter.

    The new DQ questions are also covered all over the forum (easy to find by searching).
    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 THREAD
  • Le_Kirk
    Le_Kirk Posts: 24,539 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Nope.  It doesn't matter.

    The new DQ questions are also covered all over the forum (easy to find by searching).
    In fact a thread next to yours by @freeka has a reply by @KeithP giving a link to the answer.
  • Alfieb93
    Alfieb93 Posts: 46 Forumite
    10 Posts Name Dropper
    So I have an update, got a notice of allocation in April giving me a hearing date of 28th June, then am email from the claimant saying they'd accept £400 out of court.
    Yesterday I received a witness statement from Joel Little of UKPC. I don't see how he can be a witness if he wasn't there?
    I'll try my best to attach the witness statement now....
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you filed your Witness Statement yet?

    Look again at your Notice of Allocation. The Notice that gives the hearing date.
    Is there not a paragraph something like:
    Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].
    Might be on the back.
    Those 'documents on which you intend to rely' are your Witness Statement and evidence.
  • Alfieb93
    Alfieb93 Posts: 46 Forumite
    10 Posts Name Dropper
    Sh*t!   Cheers Keith. I didn't read that. You'd think they'd put it in bold or something?!
  • Alfieb93
    Alfieb93 Posts: 46 Forumite
    10 Posts Name Dropper
    sorry i think its messed up the order
  • Alfieb93
    Alfieb93 Posts: 46 Forumite
    10 Posts Name Dropper
    Sorry the orders all messed up. Theyve used a stock image of their sign and from the photos I can't read the sign anyway.
  • Boat_to_Bolivia
    Boat_to_Bolivia Posts: 1,110 Forumite
    1,000 Posts Second Anniversary Name Dropper
    So just to clarify, you haven't written a Witness Statement yet?

    If not you better crack on and do it now.

    Current exemplar WS are by @aphex077 and @SJRRJS which you need to adapt to your circumstances.
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