Defence helped needed - Received a LOC from Civil National Business Court

Coupon-mad

Yes, we want to see your WS and exhibits list - so we can help you - but only when  you've read the post about that stage and searched for some very recent examples of WS.  Absolutely loads here every week.

rorschach57

Hi again, I've drafted a WS, please see below. Note, it's not finalised so i'm only pasting the bits relating to my case and not the entire WS. I also need to the costs assessment and add a couple more exhibits, so as I said please bear with me.

Link: https://docs.google.com/document/d/1FxONI1QiKMoYfpSLhby2t9PpTKI0LaGP/edit?usp=sharing&ouid=102309678422513276798&rtpof=true&sd=true

Coupon-mad

It's a good start but 'parking lot' isn't an English. That's an Americanism (I hate them and so will Judges of a certain age!).

Better WS are in the threads by: 

@imulsion

@Defendant911

@Milliered

1505grandad

A reminder of Defence filed:-

https://forums.moneysavingexpert.com/discussion/comment/80471373/#Comment_80471373

"I was driving at the time of the alleged parking violation."  -  I thought your father was the Defendant?  (it was a parking event not a violation).

rorschach57

1505grandad said:

A reminder of Defence filed:-

https://forums.moneysavingexpert.com/discussion/comment/80471373/#Comment_80471373

"I was driving at the time of the alleged parking violation."  -  I thought your father was the Defendant?  (it was a parking event not a violation).

Good catch and I was wondering about this. I was the driver but everything came under my dad's name. I was writing this up last night and it was getting late. So shall I amend it to 'my son' aka me, or keep it as 'the driver'. Also silly question, I don't suppose there's any way I can go to the hearing instead of my dad? I know what's gone on here and I know I'll be able to fight harder. I'll need to fill my dad in a lot of the details and gotchas. 

Gr1pr

Use the driver, don't personalise it 

Defendant, Keeper, Driver 

You can accompany the defendant, you can help as a lay representative or McKenzie friend, but he must be present, no "instead of"

Coupon-mad

 I don't suppose there's any way I can go to the hearing instead of my dad?

Nope.  But you can go with him.  You could even write a WS of your own to accompany his, and attend as a witness.  Do that. I would.

DO NOT have any sentences that wrongly say he was driving. He wasn't. He must say so in his own WS.

rorschach57

Thanks everyone, I'll come back with an updated WS (or two). They'll have a lot of overlap, but I suppose that's ok. @Coupon-mad

rorschach57

A few questions:

1. According to the letter, I'm eligible for mediation. So I'm assuming I should opt for this and hope it gets resolved and I don't have to attend court?
2.  I need to pay the court fees tomorrow by 4pm, it's not much but my Dad is a pensioner, is it even worth applying for, it's only £27 and deadline is tomorrow.

Gr1pr

Mediation is about reaching a figure that both sides will agree to, nothing to do with the claim itself, just money 

Read the court order again, the Claimant pays the hearing fee, not the defendant ( unless your dad counter claimed. )

Your dad is not the claimant , defendants pay nothing unless the judge says so