Request to submit defence after set aside - smartparking

mb9472

Hi quick question and a situation I haven't come across yet.

I recently succesfully went to court for a set-aside of a CJJ on the grounds it was improperly served. There is a story to this I'll post another day and @Coupon-mad thank you for everything you do. Judge agreed to award set-aside and all costs.

However he also asked me to submit a defence of the parking ticket. I was planning on submitting the template defence (POFA non-compliance as core argument) - but to the court directly since the judge asked for it? i.e. not via MCOL. I wanted to double check which form I had to fill in as this seems to be a relatively unusual case. I presume I also wouldn't have to fill in form n180?

Coupon-mad

"Judge agreed to award set-aside and all costs."

Great stuff. Glad the advice worked!

"to the court directly since the judge asked for it? i.e. not via MCOL."

Yes that is correct, email it as a signed & dated PDF (with claim number & parties as headers) and cc in DCB Legal. You can use the defence by @Meltof posted on 12th April in the Smart Parking defence group thread.

If you were not driving, then you could even add (and ring the court to pay the fee for) a cheeky counterclaim because the Claimant's solicitor has lied about the PoFA and 'keeper liability' which is a misleading action under the CPUTRs, a misdirection and an abuse of the court process.

Or just email the signed defence and sit back and wait for DCB Legal to pay you your costs and discontinue. They will!

mb9472

I have now received both a request from the court to submit a witness statement before appearing in court. I will read advice on that as I have seen it in these threads before.

Further they have contacted me asking me to call them to resolve this. I feel like I read somewhere not to call them to discuss. Any ideas appreciated.

Le_Kirk

Is there something missing from your post? You said "I have now received both a request from the court ……" but then don't go on to say what the other thing is! Did you receive a notice of allocation for the hearing, show us the letter you received. Who is "asking me to call them to resolve this"?

mb9472

Let me try and be clearer - I have received the following

- The request to submit a witness statement (pre-hearing) for a small claims track from the court.
- An email from the claimant saying they would like to speak with me to discuss resolving this.

My only question is really, should I have a call with them to hear their offer?

Car1980

Yep, submit your WS.

Ignore DCB. It'll only be an attempt to get you to settle. The receptionist won't know you've already been to court for the set aside and it's futile trying to scare someone into paying to avoid a hearing.

mb9472

Giving more information.
To be fair, this isn't from a receptionist. It's from a legal professional and they do know about the set aside because it's cited in the chain we have.

Castle

OP

Have you been paid your costs?

mb9472

I have yes - albeit late

mb9472

I am just coming to the end of my tether here a bit - even writing another witness statement to go to court it's taken me so so long

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82094308#Comment_82094308

We know but you might not have to!

They also have to do a WS and they won't. They'll discontinue. It's just a matter of time.

• what's the date for them to pay the hearing fee?
• what's the date for them to file and serve their WS and evidence?
• what's the date for you to file and serve your WS and evidence?