Do I have a defence? - Claim Form Received

Camex3000

Great, thank you again. 

Camex3000

Hi all, 

Apologies for bumping this thread back up. I have a few questions I was looking for assistance with, if that would be possible? 

• Notice of Allocation and Notice of Trial Date - I received a Notice of Allocation stating the claim would be heard at one court (my local court and the one I specified). The following day I received a Notice of Trial Date which cofirmed a time but confirmed this as taking place at a different court a bit further away from me. I assume I go with the latter Notice fo Trial Date? Both notices come from the same County Court, which is where the Notice of Trial confirms it is taking place. 
• Evidence - Where I am to submit my WS and evidence, as part of delivering all documents I rely on, having reviewed other threads, should my Notice of Alloction specify a specific date this is to be provided by or is it normal for it just to state no later than fourteen days before the hearing? With a date of 7th June, I am correct in assuming this needs to be provided by May 24th at latest? 
• Adjounring - Where I have a date of June 7th. I was wondeirng if I am able to request to have this pushed back / adjourned. I have recently realised I am meant to be away for a friends stag do on that date. If so, how do I go about this? (Apologies I couldn't see relevant detail when searching the forum or when googling).
• Am I stupid to think this may be possible with needing agreement from the defendant / DCBL and with it being a stag do rather than an emergency / illness? 
• Also, if doing so, am I better to wait this out for now, rather than showing my hand? This being in consideration of me seeing on other threads that DCBL tend to withdraw and them being required to pay the court fee within the next week. 

Sorry again if these have been covered previously. Another point there, I assume I am being blind / dumb but I can't seem to search within or see where to search just the 'Parking tickets, fines & parking' board/thread/forum, rather than the whole forum, which if I remeber correctly used to be easy to see / my go to method. 

Any help would be massivly appreciated. 
Thank you in advance. 

Coupon-mad

Wait it out and do not ask for the date to be changed. DCB will discontinue next week if this is a single PCN case.

What you could do is wait till after their fee deadline has expired by a few days, then phone the hearing venue court. Ask them:

- has DCB Legal paid the fee?

- if they have, what's the email address and page number size limit for filing your WS bundle?

- as you will be at a hotel on that day you can only attend remotely (if the case is not discontinued) so please can they set it up as a phone or video hearing, in the interests of justice?  Press and press for agreement to that.

You are unlikely to get the date changed, it would cost you over £100 in court fees and DO NOT TIP OFF DCB LEGAL ABOUT YOUR DIFFICULTY WITH THE DATE.

Camex3000

Thank you very much for the advice @Coupon-mad. Much appreciated

Coupon-mad

Camex3000 said:

Thank you very much for the advice @Coupon-mad. Much appreciated

I did say "if it's a single PCN case"...

Read the 2 PCN case by @GolfR12 because your only other choice is to ask the Claimants if they will agree to change the date but if they refuse that tells them they'll get a free hit at you at the hearing.

Camex3000

Thank you @Coupon-mad and apologies for the delay in response, where I have been away. 

I have managed to speak to someone on this, however this wasn't the hearing court and I was directed to a more general / national court line. They confirmed that DCB Legal have paid the court trial fee. 

Beyond this, they didn't seem that helpful. They did provide me with an email adress for the court for filling my WS bundle (I'm not that confident based on the discussion and am tempted to call again to reconfirm hopefully with a different person). But other than that they referered me back to my Notice of Allocation and Notice of Trial Date. They didn't provide me with a page limit and just stated it should not exceed 25mb and reiterated the deadline is 14 days ahead of the trial date. 

To confrim, with a date of 7th June, I am correct in assuming this needs to be provided by May 24th at latest? Would this need to be sent by 5pm per se or does it not matter? 

Also with this in mind, should I have expected to have received their WS bundle by now? 

In terms of asking to attend remotely, I didn't ask this as of yet, firstly because I didn't trust the person I got through to on the phone and where the stag do is within the UK, I could theoritically join this late and attend the trial in person. Whilst annoying, I assume it is better to attend in person and is the method I should follow? 

Having read the @GolfR12 thread, there is a chance they will still discontinue after I have sent my WS bundle?  

Now time to get writing the WS Bundle.   

Many thanks again for all the advice so far. 

Le_Kirk

To confirm, with a date of 7th June, I am correct in assuming this needs to be provided by May 24th at latest? Would this need to be sent by 5pm per se or does it not matter?

I counted this as 14 days before but I believe it is 4.00 p.m.  E-mail addresses for various courts are on the court finder: -
https://www.find-court-tribunal.service.gov.uk/search-option

Coupon-mad

I'd send your WS bundle on Monday and see if that pushes them to discontinue. 

Camex3000

Thank you both. 

Okay so best to get the WS bundle sorted by tomorrow. Do you reckon this is possible? I'm not really sure where to start. 

My defence was mostly based around poor signage and Henderson v Henderson with having already sent them a paymeny in 2018. 

Thanks 

Coupon-mad

Most people here do a WS within an hour of reading the exemplars and the a-f list of exhibits already provided in the obvious thread.