Autistic - please help. Premier Park Claim

hamstercheeks33

Hi all

Yesterday I received a Claim Form from Premier Park / Gladstones for a time I overstayed in a car park. I've read through the Newbies thread but I'm autistic and finding it quite difficult to read the large amount of text.

I think I'm getting comfortable with what I need to do to submit a defence etc, however I'm very concerned about the stages that follow that. The thought of having to appear at a hearing, even if via video call, is causing me a lot of distress and I don't think there's any way I can sit through a hearing and won't be able to answer questions about legal things like previous court cases (e.g. Chan). I have considered just paying it to avoid that, which I really don't want to do.

Does anyone know what the likelihood of the claim being struck out (I think that's the right word) before it gets to this stage?

Are there any alternative options or support that is available for autistic people in this situation?

Thanks

KeithP

Hello and welcome.

What is the Issue Date on your Claim Form?

A Small Claims Court hearing might not be as bad as you imagine.

Have you seen this video?...
www.youtube.com/watch?v=n93eoaxhzpU

Just three or four people sitting round a table having a discussion.

That video was made a few years ago and many hearings nowadays seem to be via telephone or video link.

Zbubuman

First of all - DONT PANIC ( Hard when you are on the autism spectrum).  Most of these do not end up in court. But even if it did, you can request special directions from the court asking to take into consideration that you are autistic thus can be prone to panic attacks, information overload, etc. You will find that most judges will be more lenient in their approach or agree for you to have a lay representative for support (even if its a friend or family member). 

hamstercheeks33

KeithP said:

Hello and welcome.

What is the Issue Date on your Claim Form?

A Small Claims Court hearing might not be as bad as you imagine.

Have you seen this video?...

Just three or four people sitting round a table having a discussion.

That video was made a few years ago and many hearings nowadays seem to be via telephone or video link.

The issue date is 16/07/2024, so i think i have until Sunday before the 2 weeks response period starts. I know I need to submit the AoS ASAP after Sunday and that should give me 2 extra weeks to file a defense. Is that right?

I haven't seen that video - but will have a look when I get chance

hamstercheeks33

Zbubuman said:

First of all - DONT PANIC ( Hard when you are on the autism spectrum).  Most of these do not end up in court. But even if it did, you can request special directions from the court asking to take into consideration that you are autistic thus can be prone to panic attacks, information overload, etc. You will find that most judges will be more lenient in their approach or agree for you to have a lay representative for support (even if its a friend or family member). 

That's good to know, thank you

KeithP

hamstercheeks33 said:
The issue date is 16/07/2024, so i think i have until Sunday before the 2 weeks response period starts. I know I need to submit the AoS ASAP after Sunday and that should give me 2 extra weeks to file a defense. Is that right?

With a Claim Issue Date of 16th July, you have until Monday 5th August to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 20th July, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.
Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 19th August 2024 to file a Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Umkomaas

Are there any alternative options or support that is available for autistic people in this situation?

Do you have a family member or friend who could work through all of this with you? Two heads are often better than one.

hamstercheeks33

Umkomaas said:

Are there any alternative options or support that is available for autistic people in this situation?

Do you have a family member or friend who could work through all of this with you? Two heads are often better than one.

No not really

hamstercheeks33

KeithP said:

hamstercheeks33 said:
The issue date is 16/07/2024, so i think i have until Sunday before the 2 weeks response period starts. I know I need to submit the AoS ASAP after Sunday and that should give me 2 extra weeks to file a defense. Is that right?

With a Claim Issue Date of 16th July, you have until Monday 5th August to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 20th July, but otherwise there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.
Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 19th August 2024 to file a Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

I'm panicking about the witness/evidence stages and the hearing. I have no idea what I'm supposed to put in as evidence. I saw the links in the Newbie threads to various user profiles but some of them have 100s of posts so I have no idea which one has the witness statement. 

A lot of what I've seen talks about lack of signage/poor signage. The car park I was in has signs now but I cannot remember if they were there at the time I overstayed.

The reason for the overstay was that I was attending a child's event with my child that was hosted in the card park by one of the stores on the shopping park, and there was a 2hr queue for the event. Am I supposed to include this in a witness statement when the time comes. I'm not sure what I'm actually supposed to put.

I have no idea how I'm supposed to defend myself in court because there's no way I can go through the court cases and understand them to put together a statement or talk about them in court.

Le_Kirk

hamstercheeks33 said:

KeithP said:

With a Claim Issue Date of 16th July, you have until Monday 5th August to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 20th July, but otherwise there is nothing to be gained by delaying it. 

1) To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.
Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 19th August 2024 to file a Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

2) To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

I'm panicking about the witness/evidence stages and the hearing. I have no idea what I'm supposed to put in as evidence. I saw the links in the Newbie threads to various user profiles but some of them have 100s of posts so I have no idea which one has the witness statement. 

If you are having trouble understanding, perhaps trying to break it down into smaller chunks would help.  Firstly, you are at the defence stage, so no panicking about witness statement stage which comes later - if at all.  Concentrate on your defence using the assistance provided by @keithP
Have you done 1) above?
If yes, have you looked at 2) above?

hamstercheeks33

Le_Kirk said:

hamstercheeks33 said:

KeithP said:

With a Claim Issue Date of 16th July, you have until Monday 5th August to file an Acknowledgment of Service.  Do not file an Acknowledgment of Service before 20th July, but otherwise there is nothing to be gained by delaying it. 

1) To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.
Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 19th August 2024 to file a Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

2) To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

I'm panicking about the witness/evidence stages and the hearing. I have no idea what I'm supposed to put in as evidence. I saw the links in the Newbie threads to various user profiles but some of them have 100s of posts so I have no idea which one has the witness statement. 

If you are having trouble understanding, perhaps trying to break it down into smaller chunks would help.  Firstly, you are at the defence stage, so no panicking about witness statement stage which comes later - if at all.  Concentrate on your defence using the assistance provided by @keithP
Have you done 1) above?
If yes, have you looked at 2) above?

I guess I'm trying to figure out if there's any point doing 1 and 2 if I'm not going to be able to do the parts that follow.