Autistic - please help. Premier Park Claim

Le_Kirk

If you don't do 1) & 2) you will lose!  Look at 1) with the information provided by @KeithP.  Do you understand what you have to do?  If not, what don't you understand - we can help.

Coupon-mad

You will be able to do all the steps, and win.

Zbubuman

I have friends who are autistic, and I know that the whole process can seem daunting. Whilst I know that it is hard, the most important thing is to break the whole thing into smaller chunks. Stop worrying about steps 10,11,12 etc. Just take it one step at a time and forget about anything else. At this stage you just need to worry about doing step 1. Step 2 and all the others come later. 

Most people on this forum are very helpful, so you will get guidance for the whole process. But as others have already said, go and do step 1, and then come back to for step 2. 

hamstercheeks33

I have submitted my AoS.

I'll be working on my defence, but just to clarify, am I right in thinking that as the particulars are not set out in detail (see photo) then I should be using the hharry (Chan) paragraphs? 

Also, with regards to the "EXPLAIN IN YOUR OWN WORDS" paragraph, what sort of detail should I be putting in there? Do I just say it the vehicle was there because I was attending an event that was being held at the shopping park in the car park? Or do I need to add more details around why I overstayed?

Coupon-mad

Hmmmm...

Given the facts:

- this is Cardiff and I assume that's your local court, they are part of the paper determination (no hearings) pilot and are pretty terrible at parking case full decisions.

- that claim is poorly pleaded and should be struck out

I think this is a classic case where the approach suggested by @LDast (the short alternative defence plus the attached Draft Order) might be worth trying.  It's not my recommendation in every case but this one...

@LDast does your short defence include a link to Chan and Akande?  Cardiff Judges might be persuaded by two appeals.

LDast

Coupon-mad said:

@LDast does your short defence include a link to Chan and Akande?  Cardiff Judges might be persuaded by two appeals.

No, the short defence does not include any reference to other persuasive cases as it is simply designed to order the claimant to provide full particulars that it simply cannot fully comply with because the cause of action is so weak. I don’t see any reason not to amend to include reference to Chan and Akande and to include those cases. The only issue I suspect that it might cause is that it then isn’t a simple “short” defence anymore.

However, as you point out, at Cardiff and other courts in the pilot scheme, the defence has to be succinct enough to persuade the judge to consider the fact that the claim is extremely poorly pleaded and should not be allowed to proceed as presented, without any face to face hearing possible, under the circumstances.

The “short” defence was “designed” for the allocation judge, at the case management, stage to intercept the case before it actually has to go to trial. The allocation judge is not trying the case but is making the claimant/solicitor do their job properly and not waste the courts time unless they can plead their case properly and according to the CPRs and PDs.

Here are the links to two versions of the short defence, one in the simple first person as allowed for a layperson and making it easier to understand and one version in the “purist” third person. Either can be used depending on the defendants choice.

Short defence simple first person version

Short defence traditional third person

Draft Order for inclusion with the short defence

hamstercheeks33

So if I use the short defence and add in Chan?

I'm not sure if it would be Cardiff court or not. I don't live in Cardiff, and there are closer courts to me than Cardiff (e.g. Pontypridd - https://www.find-court-tribunal.service.gov.uk/courts/pontypridd-county-court-and-family-court). Would I be able to request this court?

LDast

I think that the basic short defence would do the job. As I mentioned, the short defence, as is, is designed to get the judge to force the claimant/solicitor to provide detailed particulars as required by the rules. This is achieved by providing the judge with a tried and tested (in a different court circuit) draft order which gives the claimant/solicitor the precise level of detail expected so that the claim can be properly defended, should they fully comply with the order.

If the claimant/solicitor can fully comply with the order, the judge would then order the defendant to provide a defence in response. As mentioned, no claimant/solicitor, to date has managed to fully comply with the order and all cases where this order has been used, have been struck out or discontinued.

I am out of the country at the moment but I will ask the judge for their view on including Chan and/or Akande into the defence, particularly with reference to using it in courts that are part of the pilot scheme for hearings on the papers alone.

Umkomaas

hamstercheeks33 said:

So if I use the short defence and add in Chan?

I'm not sure if it would be Cardiff court or not. I don't live in Cardiff, and there are closer courts to me than Cardiff (e.g. Pontypridd - https://www.find-court-tribunal.service.gov.uk/courts/pontypridd-county-court-and-family-court). Would I be able to request this court?

Request the court nearest to you. I'm not sure whether it's the Cardiff court itself only involved in the pilot, or whether it's the Cardiff circuit, in which Pontypridd might fall. Do some Google searches to try to determine before you get to DQ stage. 

LDast

The Small Claims Paper Determination Pilot

1.3 The Pilot shall apply to all small claims in the  County Court sitting at Bedford, Luton, Guildford, Staines, Cardiff and Manchester (each a “Pilot Court” and together the “Pilot Courts”) which are issued after the Commencement Date and shall not apply to existing proceedings.

Does not sound as though it is by “circuit” but there is always the threat that a different court in the same circuit could send it the court involved in the Pilot.