County Court Claim Form received

Coupon-mad

Don't think so.

NeverBackDown

Hello all,

Just an update, we have received a Directions Questionnaire Form N180. Deadline is 11th Dec, I will follow the advice in Bargepole's Court Claim Procedure thread.

Le_Kirk

If you get stuck on D1, there is a whole thread about it here: -
https://forums.moneysavingexpert.com/discussion/6364201/new-questions-on-the-n180-form/p1

NeverBackDown

Thank you

I have a question around witnesses and exhibits. Because it asks whether there are any additional witnesses. I have a lot of criminal court experience but no civil court experience. How does it work in terms of continuity and exhibits? Purely for examples, if the defendant of the claim was in possession of a photo taken by another person, is it enough to say in their witness statement that they came into possession of said photo taken by XX - or would the person who took the photograph need to attend court to confirm they took it? If a person gave permission for the defendant to park, would that person need to attend court to confirm they gave permission?

And not as an example - would the driver of the car need to attend as a witness? (Defendant is keeper, not driver).

I hope this makes sense

Thanks

Coupon-mad

NeverBackDown said:

Thank you

I have a question around witnesses and exhibits. Because it asks whether there are any additional witnesses. I have a lot of criminal court experience but no civil court experience. How does it work in terms of continuity and exhibits? Purely for examples, if the defendant of the claim was in possession of a photo taken by another person, is it enough to say in their witness statement that they came into possession of said photo taken by XX - or would the person who took the photograph need to attend court to confirm they took it? If a person gave permission for the defendant to park, would that person need to attend court to confirm they gave permission?

And not as an example - would the driver of the car need to attend as a witness? (Defendant is keeper, not driver).

I hope this makes sense

Thanks

None of the above need to attend.  Small claims aims to provide for a low cost dispute resolution. Your WS is enough unless the driver wants to attend with you (but that exposes them to a claim, so I wouldn't!),

But here's something urgent, where you can help change this whole stupid conveyor belt CCJ system that parking firms and their bulk litigators are abusing:

Please find time to do this new Justice Committee Inquiry this week:

https://forums.moneysavingexpert.com/discussion/comment/80375249/#Comment_80375249

The Committee invites evidence on:

• What the current level of delay in the County Court is

• The ways in which the County Court engages with litigants in person, and how this could be improved

• The causes of action giving rise to claims in the County Court

• What future reforms to the County Court should be considered.

Please also state that private parking firms and their bulk litigators are the main problem as far as small claims delays are concerned, as the dominate and clog up court lists.

Please tell them that private parking firms and their bulk litigators are the problem as far as small claims delays are concerned, as they dominate court lists. Parking claim numbers are rising every year and will make up about a third of all small claims in 2023, based on the 2022 figures that the MoJ divulged in the DLUHC's recent Parking Code of Practice draft Impact Assessment.

The MoJ must now be informed to urgently separate parking cases with:

-  a new pre-action protocol;

-  use of a certified ADR instead of inflated debt demands and bulk litigators whose aim is CCJs.

Tell the Committee about your claim and show the Claim Form to the committee.  Show them the other evidence you have: - the pre-action threatogram letters? - and say that the claim is a hopeless waste of time, and based on an unfair charge that you would have disputed and won out of court, if there had been an ADR.

The whole system is a nasty joke and the courts (and consumers) are being used and abused by firms making a mint (and it's not just the parking operators, it's the bulk litigators cashing in which ISN'T what the small claims track is designed for).

Please tell the Committee that the private parking legislative framework needs to be removed from the county court altogether.  To protect consumers from enduring claims like this, which are rinsing millions p.a. from the pockets of ordinary motorists and in many cases going to default judgments and ruining credit ratings.

Ideally, parking cases should NEVER go to county court and should not be able to affect people's credit rating.  A new ADR and a new Parking Pre-Actikn Protocol would do that.

Please add your voice.

Interested parties have until 14 December to make a submission to the committee.

NeverBackDown

Thanks for your help. I've sent the questionnaire and I'll have a look at the Justice Committee Inquiry