Civil Enforcement Court Claim

Alicee42

Ok thanks, here's a much shorter version with your advice:

3. Upon arrival to the car park, the Defendant phoned the number as instructed on the signage. Payment details and vehicle registration were provided via phone call and the session was confirmed by an app. Despite the signage not mentioning a second step, a text message followed (later) and the Defendant confirmed their vehicle registration again. All reasonable endeavours were taken to comply, and payment was made in full. There is no loss to recover and the Claimant is aware of this, yet continues to pursue the Defendant unreasonably.

How does that sound?

Coupon-mad

Yes that will do nicely.

And you've also saved yourself a bit of time later by writing that intro of facts, that can be at the start of your WS bundle.

Alicee42

Thank you, will get the defence emailed to CCBCAQ and CE legal tomorrow then. 

Just to check, I include the rest of the template all the way up to #27? 

KeithP

Alicee42 said:

Just to check, I include the rest of the template all the way up to #27? 

And beyond.
Don't forget the Statement of Truth nor to sign and date it.

Alicee42

KeithP said:

And beyond.
Don't forget the Statement of Truth nor to sign and date it.

Yes of course! I just meant all of the numbered points. 

Thank you! 

Alicee42

Update: I have finally received a hearing date for early October at my local court which is Southampton. Unfortunately it is when I’m out of the country for a wedding which is annoying as I did put the dates I’m unavailable on the DQ. So I’ll have to let the court know I’m unable to attend. 

The case was stayed for a while as the claimant didn’t tell the court they wished to proceed within 28 days of receiving my defence…

So now to work on the Witness Statement. I have a draft of the long version of my defence from earlier in the thread and evidence to back the points up. I will post more here when it’s written. 

Also, should I expect to receive a copy of the claimants statement before I submit mine? 

B789

You can't just "not attend" unless you want to lose and be liable for extra costs for unreasonable behaviour. You must let the court know that they have set a hearing date that you specifically noted on your N180 DQ that you were not available and they must amend it as it is their error.

Coupon-mad

Ring the court and point out their error.  If it was on your DQ you don't have to pay a fee.

Alicee42

Thanks, yes I intend to let them know I am unable to attend the date they have set. I tried to phone yesterday to ask to change it but there was no answer so will email on Monday. 

 

The allocation letter I received notes ‘if you cannot, or choose not to, attend the hearing, you must write and tell the court at least 7 days before the hearing. The district judge will hear the case in your absence but will take account of your statement of case’

So this makes it seem like there is no option to change the hearing date, but seeing as they chose a date I noted on the DQ it may be worth a try…

Coupon-mad

No, it is an error.  They must change it.

That note isn't relevant to you.