Claim Form - Small Claims Court - Britannia Parking

chad888

Coupon-mad said:

You email the LOCAL court (not the CCBC, obviously) on 7th July if no detailed POC are served. Invite the Judge to strike out the claim.

If they do serve it to you, then the Judge is allowing you to amend your defence which you must do, replying to the allegations in the new POC.

No evidence yet, that comes at WS stage.

Thanks Coupon Mad.

Could I ask the court to send me a copy of the PoC? Or should I ask them?

KeithP

chad888 said:

Coupon-mad said:

You email the LOCAL court (not the CCBC, obviously) on 7th July if no detailed POC are served. Invite the Judge to strike out the claim.

If they do serve it to you, then the Judge is allowing you to amend your defence which you must do, replying to the allegations in the new POC.

No evidence yet, that comes at WS stage.

Could I ask the court to send me a copy of the PoC? Or should I ask them?

No need to ask anyone.

The court has already instructed the Claimant...

It is ordered that:-
1. The Claimant shall file and serve a detailed particulars of claim by 4pm on 6th July
2. Defendant shall send a defence to the above by 4pm on 20th July

'File and serve' means file with the court and serve on the other parties - i.e. you.

Coupon-mad

Yep - the ball is not in your court yet.

chad888

The Judge ordered BW Legal to issue me a new particulars of claim by the 6th July, and gave me until the 20th to respond to it.

It is now the 10th July and I still haven't received anything from BW Legal.

I have given BW Legal my new address, and they finally acknowledged the email was received on the 4th July, also sending a letter which I received on the 6th July which stated I do not have the right to be forgotten.

They definitely have my address therefore, along with the case number which was included in the correspondance.

Who do I write to that will explain the situation, ask for the PoC to be sent to me again, and get me an extension on responding to it? The court is Plymouth County Court.

chad888

chad888 said:

The Judge ordered BW Legal to issue me a new particulars of claim by the 6th July, and gave me until the 20th to respond to it.

It is now the 10th July and I still haven't received anything from BW Legal.

I have given BW Legal my new address, and they finally acknowledged the email was received on the 4th July, also sending a letter which I received on the 6th July which stated I do not have the right to be forgotten.

They definitely have my address therefore, along with the case number which was included in the correspondance.

Who do I write to that will explain the situation, ask for the PoC to be sent to me again, and get me an extension on responding to it? The court is Plymouth County Court.

I emailed both PCC and CCBC explaining the situation, asking the district judge on the order to make a call or give further guidance.

If they expect me to reply to a PoC that hasn't been served to me in the next 9 days, then I guess that is it for me!

Fruitcake

Don't sit and wait. Write a draft consent order asking for the case to be struck out, and include a cost statement for ordinary costs plus costs for unreasonable behaviour. Send it to the court and ask for it to be put in front of a judge, ideally the one who made the last court order.

You should be able to search the forum to find a sample draft court order. You need to include words such as,

The claimant having failed to comply with the court order made on XX date,
and
The claimant having failed to file upon the court and the defendant new particulars of claim as required by court order NNN

or words to that effect.

Coupon-mad

Not a 'consent' Order though!  A Draft Order.
They have failed to comply with the Judge's order.  Case must be dismissed.

chad888

I have never written a draft order before, and could not find an example in this forum. Could somebody please check below and see if it is okay??

In the County Court at XXXXXX
District Judge XXXXXX
Claim No. XXXXX

Between parties
Claimant: XXXXXXXX
Defendant: MR XXXXXXXX

District Judge XXXXX considered the papers and ordered upon the claim form lacking sufficient details, the claimant is to file and serve a new Particulars of Claim by 4pm on 6th July, and the Defendant has until the 20th July to respond.

It is to be noted that the Claimant has the Defendants address - XX XXXXXX XXX XXX, and prior to the 6th July, has sent correspondence to the Defendants address that has been recieved. 

On the 10th July, as the Claimant had not served an updated Particulars of Claim, the Defendant emailed the court requesting further guidance, and if the court were able to assist in sending on the Particulars of Claim to the Defendant.
The court responded with -
"The Court has noted that you have not received the Particulars of Claim and you are, therefore, unable to respond. As the Claimant is responsible for sending the Particulars of Claim to you, the Court is unable to provide a copy to you."


The Defendant requests the following court order -

Given the Claimant failed to comply with the court order made on 20th June,

and

The Claimant having failed to file upon the court and Defendant new particulars of claim as required by Judge XXXXX court order.

The claim is hereby struck out.

chad888

Bumping thread for above message - draft order okay?

chad888

Bump for the message 2 above - is the draft order written okay?