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Notice of proposed allocation to small claim track

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Tx2mush
Tx2mush Posts: 19 Forumite
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in Parking tickets, fines & parking
Hi I have recently defend a claim from Gemini parking and have now received Notice of proposed allocation to small claims track fro. The county court and asking me to complete form n180 asking if I agree to mediation ect, some advice on what to do next would be great as I can't find anything on newbies post.
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  • Le_Kirk
    Le_Kirk Posts: 22,319 Forumite
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    I found this in the NEWBIE sticky. Follow this link and scroll down to ITEM 4.
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    What did you put as your defence, please post it here so we know what you filed.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 5 September 2018 at 10:59PM
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    Tx2mush wrote: »
    Hi I have recently defend a claim from Gemini parking and have now received Notice of proposed allocation to small claims track fro. The county court and asking me to complete form n180 asking if I agree to mediation ect, some advice on what to do next would be great as I can't find anything on newbies post.


    you didnt click on the BARGEPOLE link then

    he posted that advice 2 years ago


    some other useful links in that post as well
  • Tx2mush
    Tx2mush Posts: 19 Forumite
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    I copied and pasted defence from newbies post, adding I formation relevant to my fine
  • Tx2mush
    Tx2mush Posts: 19 Forumite
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    I would also like to know would I have to attend the hearing as the case us in my w8fes name a she will be unable to attend the hearing would I be able to go on her behalf??
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
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    No you can't attend instead of the Defendant.

    If she can't attend, she can write to the Judge and ask for a hearing on the papers, instead of an oral hearing. She will LOSE if she has weak papers/evidence...

    I am concerned that:

    - we have not seen her defence

    - we have not heard from you that she's filed any Witness Statement/evidence.

    Show us the defence, we have no idea what template you copied!

    Show us her draft WS and evidence (the thing that the NEWBIES thread tells you that she has to file before a hearing that states her case and shows the Judge her evidence).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • System
    System Posts: 178,094 Community Admin
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    edited 7 September 2018 at 4:29PM
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    I would also like to know would I have to attend the hearing as the case us in my w8fes name a she will be unable to attend the hearing would I be able to go on her behalf??

    No. You'd hire a solicitor if you really, really wanted to. But you can default to the a paper only option by giving notice to the court at least 7 days before. Its in the Court Rules (27.9) and is normal. Only about 5% to 10% of people ever go so make sure she(you) informs the court and the other side at least 7 days prior to a hearing but after you have put in a Witness Statement.

    Edit: As C-M says if you show us the WS we'll see if we can make it as strong a possible to get a win. You/she will get the result about 14 days after the hearing. It will be like getting an exam result - either champagne (normal) or beer (unusual)
    Non-attendance of parties at a final hearing
    27.9

    (1) If a party who does not attend a final hearing–

    (a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

    (b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

    (c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

    the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

    (2) If a claimant does not –

    (a) attend the hearing; and

    (b) give the notice referred to in paragraph (1),

    the court may strike out(GL) the claim.

    (3) If –

    (a) a defendant does not –

    (i) attend the hearing; or

    (ii) give the notice referred to in paragraph (1); and

    (b) the claimant either –

    (i) does attend the hearing; or

    (ii) gives the notice referred to in paragraph (1),

    the court may decide the claim on the basis of the evidence of the claimant alone.

    (4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim
  • Tx2mush
    Tx2mush Posts: 19 Forumite
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    Thanks for responses, I have not yet drafted a witness statement yet as I didn't think I was at that stage yet, I'm currently in the process of returning the N180 form, also i will post my defence over the weekend as I will need access to a pc to edit personal info before posting.
  • System
    System Posts: 178,094 Community Admin
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    currently in the process of returning the N180 form

    No worries then. You'll have a bit of a wait until you get the next letter (Notice of Allocation). That letter will give you a hearing date and the date by which the WS needs done. So plenty of time but....we find people forget or put it off, so when you are ready so will we.
  • Tx2mush
    Tx2mush Posts: 19 Forumite
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    After submitting defence I have now received documents with the heading small claims tracking allocation of hearing, is there something I have to do now or do I still wait?
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