Apologies, I must have missed that direction, where exactly does it say that so I can check in case there's any other steps I've missed.

Recieved a letter today from BW Legal regarding their intention to continue with the claim and have notified the court also.

Now I wait for the directions questionnaire. At what point do I get to see their evidence or lack of for that matter?

With their WS.

The NEWBIES thread post #2 tells you 'what happens when' with two links.

I have read it but found some aspects slightly confusing. I'll read through it again tonight to refresh my memory.

The directions questionnaire came today and I've read the post regarding how to fill it in from the newbies post. I have a few questions however.

1. The keeper wishes to deal with the case via the papers only. I've informed them of the advise on here however I couldn't get them to change their mind. I'm unable to see where this can be requested on the form received.

2. I'm assuming dates available would not be required for dealing with this on paper?

3. Am I correct in thinking there will be 3 witnesses, the keeper, the driver and the person whom the driver was meeting?

4. As I'm 100% sure there will be no evidence of the vehicle parked in their car park as stated in their NTK how would they try to prove their claim? There has been no information or proof received after the appeal letter was sent or the SAR which was acknowledged on 28th March. Is there much chance that the keeper can successfully defend this via papers only with a lack of their evidence? (Appreciate this would just be opinion)

5. Ive so far been unable to locate documentation or information for a post made by Coupon-mad regarding the TMA 2004 and where a TRO is in place the road can only be enforced by proper penalty notices issued via the council.

6. I spoke with a representative at the highway department who said that the Welsh Government, who are the road owners, may have had a contract with VCS to control parking on the road. If this is so and the vehicle was parked against their conditions does the fact that the wording on their NTK being incorrect help the keeper defend the case? The original NTK was ignored as the vehicle had not been where they claim. An appeal was sent regarding this but ignored.

Any help with the above questions would be greatfully received.

Why do you want this done on papers only?


Not advised here!!

1) Form N159 i believe
2) Dealt with by N159
3) Only i fyou want to out the driver. If its on papers tehre will be no witnesses present
4) Well you need to get the info from the SAR to be sure, but you would point out your evidence that teh car wasnt there - and your evidece to support it. You would need as much as possible. Witnesses ARE evidence.
5) If it is a real road then of couse they have no rights to enforce there. It isnt private land.

Thanks, does N159 replace the directions questionnaire or is it as well as?

Is there anything wrong with outing the driver at this stage, especially as they are the main witness to where the vehicle was parked. The keeper was not with the vehicle at the time. The other witness is the person the driver was meeting.

The road is indeed a real road, and according to the highway department it's privately owned by the Welsh Government and as of yet has not been adopted by the council, however there is TRO which covers the road.

Just sticking N159 into google will get you an answer much quicker than asking that question here.

Yes it could be if the Judge is good, but which court is their local one?

Read the form, download it online, it will tell you what it's for.

What, you mean the keeper says they were not the driver and nor have VCS complied with the POFA, and the driver was in fact xxxx xxxxx. Trouble with outing the driver is, VCS could move on to the driver if they fail to get the keeper.

http://notomob.co.uk/discussions/index.php?topic=4512.0

N159 is the notice to both parties that the case is allocated to small claims and that unless anyone objects it will be dealt with by papers alone ( no hearing)

Ive seen the form, I'm unable to determine if it replaces the directions questionnaire or is a well as?

As far as I can see there's information required on the N159 form that at present I don't have. t seems as though this would get sent out after the request for a paper hearing has been made?

The Directions Questionnaire and the Notice of Allocation are two separate parts of the process.
One follows after the other.

All this is explained in detail in Bargepole's walkthrough linked from post #2 of the NEWBIES FAQ sticky thread.

So how can I request for the case to be heard on papers, it's the question I asked a few posts back and was told it's via the N159.

And whoever told you that was right.

Have another look at the N159 form.

There only three tick boxes on it - A, B and C.

That part of the form looks like this:


Please post again if you cannot work out which boxes to tick.

(click on the image to see the whole form)

On my phone it's a 1 page document. There are no boxes to tick. I'll check on my laptop, I'm assuming from your picture there's more than the 1 page I can see on my phone.

Your phone simply isn't up to the job.

Like most pieces of paper it has two sides.

Click on the image in my earlier post.

It would certainly seem so. Thanks for hanging in there.

So it's a 2 page document and I can see the tick boxes, and I'm ok with which one to tick !!!55357;!!!56841;

If I fully understand, which is doubtful at this rate, the court will either send a N157 (hearing) or a N159 (no hearing) depending on what the judge has decided. If a N157 is sent the keeper can write to the court stating they have decided not to attend.

Can anyone confirm if I have the correct understanding of the N157 and N159 forms please?

Finally received the information from submitting the SAR. As expected there's no photos just copies of the letters received, a copy of the original ticket with "parked in a restricted area of car park" as the reason for issue and more importantly I feel, a copy of the original appeal made with notes regarding the case. One note clearly shows a conversation with the staff member who issued the ticket and him stating the vehicle was parked on the road as the driver has claimed.

I've not heard anything else since sending the directions questionnaire.

With no proof to their claim, how do they expect to win in court?