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  • FIRST POST
    • hassony77
    • By hassony77 16th Feb 18, 2:54 PM
    • 44Posts
    • 6Thanks
    hassony77
    county court - old address
    • #1
    • 16th Feb 18, 2:54 PM
    county court - old address 16th Feb 18 at 2:54 PM
    Hi

    a quick question, as I was unable to find the answer here

    my wife received a country claim letter (CEL) for a parking offence dating back to april last year

    the letter has been sent to her old (parents) address , she has since moved (and changed the license/ car reg) to our new address

    should I ask my father in law to send the letter back saying that she doesn't live there any more?

    thanks
Page 2
    • Coupon-mad
    • By Coupon-mad 9th Apr 18, 3:47 PM
    • 60,110 Posts
    • 73,244 Thanks
    Coupon-mad
    It's not an appeal, it was a defence.

    Why not search the forum for CEL discontinued and read when it happens (clue - it's later on).
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • hassony77
    • By hassony77 16th Jul 18, 1:56 PM
    • 44 Posts
    • 6 Thanks
    hassony77
    I have a court date for this now (the 21st of August)

    quick question, the defendant is my wife, as she is owner of the car, but she is adamant that she doesn't want to go to court

    will it be fine for me to attend on her behalf, do I need to inform the court earlier that I will be attending?

    thanks
    • IamEmanresu
    • By IamEmanresu 16th Jul 18, 2:08 PM
    • 3,001 Posts
    • 5,048 Thanks
    IamEmanresu
    will it be fine for me to attend on her behalf, do I need to inform the court earlier that I will be attending?
    No you cannot go without her. You can hire an advocate to go in her place in the same way as the parking company hires advocates. Or you can default to a papers only hearing**

    ** As this is CEL expect a discontinuance about 14 days out. You can decide on the other options up to 7 days out so it is sit on your hands for the moment.
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • Johnersh
    • By Johnersh 16th Jul 18, 2:14 PM
    • 1,152 Posts
    • 2,186 Thanks
    Johnersh
    This is rock bottom pricing, but unlike the claimants crew, barristers at clerksroom are fully qualified...

    https://www.clerksroom.com/content-html?cid=548

    It may be difficult to recover the cost, but possibly better 200 on fees than to a PPC. That depends on your outlook....

    H
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • hassony77
    • By hassony77 18th Jul 18, 9:52 AM
    • 44 Posts
    • 6 Thanks
    hassony77
    No you cannot go without her. You can hire an advocate to go in her place in the same way as the parking company hires advocates. Or you can default to a papers only hearing**

    ** As this is CEL expect a discontinuance about 14 days out. You can decide on the other options up to 7 days out so it is sit on your hands for the moment.
    Originally posted by IamEmanresu
    Thanks

    How do I default to a papers only hearing now?

    according to the court claims procedure thread, I should be at this stage

    5. The case file will then be transferred to your local County Court, and you will eventually receive a Notice of Allocation, giving you a date and time for the hearing. It will also specify a deadline for you to submit a Witness Statement, and any other documents you intend to rely on, usually 14 days before the hearing but sometimes earlier than that. Your Witness Statement can expand upon the points made in your original Defence, and must start with the following "I, Joe Bloggs, of 23 Acacia Avenue, Anytown, AN1 2BC, am the Defendant in this matter, and will say as follows". You should attach to your Witness Statement any evidence to support your assertions, eg photos of signage, etc. Optionally, you may also want to include a Skeleton Argument to flesh out the legal points, or you could include those as part of your Witness Statement.




    but the notice of allocation didn't really give me any details on how I should send the statement/ witness statements....etc

    should I contact the court to see if there is something missing from the letter they have send me, or should I prepare the statements and post it to them?
    • Johnersh
    • By Johnersh 18th Jul 18, 12:20 PM
    • 1,152 Posts
    • 2,186 Thanks
    Johnersh
    It's all in the court rules. Google is your friend - this part (unlike other bits) is helpfully fairly straightforward.

    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 partys 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 the claim.

    (3) If:

    (a) a defendant does not:

    (i) attend the hearing; or

    (ii) give the notice referred to in paragraph; 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.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • nosferatu1001
    • By nosferatu1001 18th Jul 18, 1:09 PM
    • 3,115 Posts
    • 3,834 Thanks
    nosferatu1001
    In your hearing date it absolutely WILL give a deadline by which all documents must be served on both parties. It WILL say this, no doubts

    Just read very carefully
    As said, usual form is for CEL to discotninue BEFORE they have to pay the hearing fee. This is usually BEFORE the WS deadline, I believe.
    • KeithP
    • By KeithP 18th Jul 18, 1:59 PM
    • 8,684 Posts
    • 8,599 Thanks
    KeithP
    Have you seen this video:
    .
    • hassony77
    • By hassony77 18th Jul 18, 3:56 PM
    • 44 Posts
    • 6 Thanks
    hassony77
    In your hearing date it absolutely WILL give a deadline by which all documents must be served on both parties. It WILL say this, no doubts

    Just read very carefully
    As said, usual form is for CEL to discotninue BEFORE they have to pay the hearing fee. This is usually BEFORE the WS deadline, I believe.
    Originally posted by nosferatu1001

    Thanks

    from what I can see, the trial date is the 17th of August

    they have to pay the fee by the 3rd of August

    the only other thing I see that any applications to the court has to be done 5 working days before the date of the trial, I'm taking it that means I can send the witness statements/ photos (and a request that it's a paper hearing) to the court by the 10th of August
    • hassony77
    • By hassony77 6th Aug 18, 10:43 AM
    • 44 Posts
    • 6 Thanks
    hassony77
    Quick question, how do I know if CEL paid the court fees? can I contact the court and ask? or will i get notified that it's been discontinued?

    thanks
    • IamEmanresu
    • By IamEmanresu 6th Aug 18, 10:46 AM
    • 3,001 Posts
    • 5,048 Thanks
    IamEmanresu
    can I contact the court and ask?
    You do this
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
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