Saba/ ZZPS / debt - claim.com small claims court action quoting bylaws ?

andrewgarner

Ok so the SRA have told me ....after speaking to the solicitor concerned they're happy they are acting correctly on behalf of their client and won't be taking any further action.

I'm not sure whether to pursue it further, we've just had the court date through for the 27th of September....it does however look like the claimant has failed to provide any of the relevant documents thus far to provide a case to defend.

I'll update when and or if any more information comes. 

The letter does say I'll be able to claim costs against the claimant if they fail to provide details by the 30th of August which I found to be unusual? .

I'll try to redact and post copies of the court summons.

Coupon-mad

andrewgarner said:

Ok so the SRA have told me ....after speaking to the solicitor concerned they're happy they are acting correctly on behalf of their client and won't be taking any further action.

I'm not sure whether to pursue it further, we've just had the court date through for the 27th of September....it does however look like the claimant has failed to provide any of the relevant documents thus far to provide a case to defend.

I'll update when and or if any more information comes. 

The letter does say I'll be able to claim costs against the claimant if they fail to provide details by the 30th of August which I found to be unusual? 

I'll try to redact and post copies of the court summons.

Yes, please show that (it's not a summons).  Sounds like an 'unless Order'.

andrewgarner

The date of the 27th is ok for us 

Coupon-mad

That's a standard hearing order.

Three weeks till your WS & evidence deadline.

andrewgarner

Yes I have the documents, is it worth submitting them even though the claimant has yet to say.... where and when the offences took place? 

Coupon-mad

Work on your WS & evidence now; read the 5 examples in the NEWBIES thread. There are more exhibits than you may think.

Don't submit it early (but NOT late!). Wait to see if you get theirs first as you can then tear it apart in your WS.

andrewgarner

@Coupon-mad thanks for the guidance.  I'll get it ready to submit by email and post around this time next week.

andrewgarner

Ok debt claim's have submitted a claims submitted a witness statement for claimant at 2.30pm on the last day 15th July  ....a witness statement for defence had been submitted by email to them cc in the court shortly afterwards, also sent via post recorded to Northampton court lady's lane etc.

The witness statement for claim heavily uses the fact that a by law 14 was contravened.

I find this strange and worrying....why would a judge accept this is a claim in small claims it being a law ? 

I will post the documents later as it may take a while to redact.

Am I able to add more to the defense now I have their witnesses statement? 

They also added numerous pictures of signage, not sure this is particularly pertinent as I will be leaning mostly on the fact it's not private land...plus the fact they name the driver and only have pictures (very bad pictures of a car) entering on a road near the station car park.

Any help with additional defense would be welcome 

LDast

andrewgarner said:

Ok debt claim's have submitted a claims submitted a witness statement for claimant at 2.30pm on the last day 15th July  ....a witness statement for defence had been submitted by email to them cc in the court shortly afterwards, also sent via post recorded to Northampton court lady's lane etc.

???

Trying to interpret the sentence but are you saying that you submitted your WS to the CNBC? Why would you send anything by "recorded post" when you are quite specifically advised NOT to do so in the Newbies/FAQ thread with an explanation as to why not?

You cannot amend your defence once submitted, at least not without paying £303 for the privilege with no guarantee it would be accepted anyway.

If English is not your first language, please try and get some assistance as what you have posted above is not clear.

Umkomaas

Trying to interpret the sentence but are you saying that you submitted your WS to the CNBC? Why would you send anything by "recorded post" when you are quite specifically advised NOT to do so in the Newbies/FAQ thread with an explanation as to why not?

This is the county court selected by the OP.