right, as you know at this time all it needs is a skeleton defence so what does the defendant intend to write?

get it posted up here and we will advise accordingly.

The main thing is not saying too much in detail at this point or you can lead yourself down a dead end road.

If they have failed to follow the protocols of the POFA then there is no keeper liability so stating that as the first point is OK but dont add anything to that statement, nothing about who may have been driving

, the fact you were in prison on remand at the time or anything else,

it is all irrelevant to the failure to create a keeper liability.

next you say that anyway there is no contract between the defendant so no breach can have possibly occurred and no basis of claim.

again, no need to go into detail,

there could be a number of points you want to raise later about this

but stating a simple fact is enough for the moment,

let them think about it and worry.

thirdly you can state that they have failed to show locus standi by not producing a copy of the agreement between then and the landowner that assigns the right to enter into contracts with the public and to make civil claims in their own name nor have they produced evidence of the necessary planning permissions for their signage or other equipment.

that is more than enough for the moment.

yes, this can be submitted at any time up until the last date but send it too early and Gladstones will change their claim to fit in with what you have said

so for example if you state that the claim is for a breach of contract when it is a contractual sum they are claiming ( big difference even though it is often missed) then they will adjust the wording of their claim.

Likewise if you go anywhere near admission of being the driver they will tweak the claim to suit.

generally what they write is generis rubbish so in the Witness Statement the defendant should pick up on these points and say that they havent made it clear as to why the money is owed

and in what capacity they are suing the defendant as it cant be both driver and keeper it has to be one or the other and the lack of POFA complaince means they have to show evidence as to who was driving at the time.

all of these points arent generally enough to see off a claim on their own even if the judge uses one of them to dismiss the claim,

it is usually because of the weight of evidence in your favour and the other points then dont need mentioning on the record.

You rarely get a full list of what went wrong for the claimant because there is no need to list them all out but you include everything as you cnant afford to second guess the judge

Thanks Ericsbrother.

That's all really helpful.

The defence is still the same as that which is posted above. I just don't know what consists of too early to submit defence?

Is day 28 ok or does he wait until weds?...(day 31) or even later?

Do not file until friday 13 th by 4pm

Day 33 from the date on the claimform which is one in the count

You get 28 days from service of the claimform

Service of the claimform is deemed done in 5 days

..28+5=33

send it whenever you want as long as it gets there in time.

Too early is like last week or the week before,

they will have trouble trying to fiddle things now and anyways, they are hoping that you wont have spotted their errors and still go for trying to wind you up before the actual hearing.

Once they get the WS they will probably apply the brakes and slink off back into their bunker, which I believe is on the 17th fairway, next to some rabbit poo (look up their registered address to appreciate this).

Brilliant. I get an answer to my question and you both say the complete opposite. Too funny.

And love the rabbit joke, understood it straight away ha ha.

Hopefully I can leave you in peace for a few days now...but don't hold your breath!!!

Thank so much.

not really the opposite, there was only 4 days to file so by the time you had asked the question it wasnt too soon.

What we are trying to say is never file on day 1 as they then have a month to receive it and change their story.

It will be past the last date by the time your defence goes onto the system and Gladdys wont be able to muck about without paying a further fee.

Thanks EB.

Well, quick as a flash, Gladdys have replied! No time wasting this time.....

17th July 2018

We Act for the Claimant and have notified the Court of our Client's intention to proceed with the claim.

Please find enclosed a copy of our Client's completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing.

This request is sought simply because the matter is in our Client's opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree.

You will note our Client has opted not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.

Yours sincerely

GS

Gladstones Solicitors

Does the Defendant now wait to hear from the Court?

you should let the court know that you need an oral hearing to cross examine their witness.

It is your right and all they are doing is trying to pull the wool over your and the courts eyes and often introduce evidence that you wont have seen and say things that arent true without offering you the chance of rebutting their twaddle.

They do this all the time but they dont knock off the £50 from their claim for the costs of attending!

DO NOT communicate with Gladdys on this, just let the court know you want a hearing and not have the matter decided on the papers.

Great thanks. I'm guessing a Directions Questionnaire will soon follow for the Defendant and all of the above you mentioned should go on that Q'aire?

yes but I would be tempted to send a letter in to the courts service so they know that you wont consider this attempt at avoiding justice

Ok, sounds good to me thanks.

Have drafted this for him to send:

County Court Business Centre

4th Floor St Katherine’s House

21-27 St Katherine’s Street

Northampton

NN1 2LH

Dear Sirs,

In relation to the above claim the defendant would like to bring to your attention the Claimant’s request for a special direction to have the matter dealt with on papers and without the need for an oral hearing.

Today a copy of the Claimant’s Direction Questionnaire was received, in which the above intention was made. The Defendant does not consent to this and would like to make the Courts Service aware that an oral hearing is being requested to allow the Defendant to cross examine any witness the Claimant may have.

Not entirely sure whether the words 'defendant' need to be used in this letter but have gone with it lol. Does anything else need to be said?

Thanks

Shorter letter saying that you object to their demand to have ther matter decided "on the papers" and you want a proper hearing where their witnesses can be cross-examined will suffice. Dont need to tell the court that today you read your post and that you intend to go for a walk later.

as for defendant- read the N1 form, the claimant issues it and the defendant responds. You are the defendant.

LOL! I was trying to pad it out a bit for him, looked like it needed a bit more text ha!

Re defendant bit was just unsure if the letter needed to be worded in third person.

Will remove life story and make it more concise.

Thank you!

yes. that way the court knows who is writing and why.

Hello again!

Letter has been sent to court requesting an oral hearing.

Today the old man received a Directions Questionnaire, which he has completed.

On the front there is a covering letter which looks like it's addressing the Claimant....I see from other posts on this forum that this is a copy of the letter sent to the Claimant for the Defendants reference.

The letter asks for the questionnaire to be filed by 8th August Is that also for the Claimant? (looking on MCOL they've already filed theirs).....CUE QUESTIONS>>>>>>>

***Does the defendant also have to file theirs by the same date?

***Can this be done via email? I've seen the address somewhere on this forum but for the life in me I can't find it now!! So just to check is this correct? ( [email protected] )

***Is a typed signature sufficient if submitting by email?

***Does a copy need to be sent to Gladdys?

Ever grateful for your guidance

not cant be done by email

no to mediation

1 wit you

the rest is obv

3 copies

1 to the court

1 to gladdy's [minus sig/email/phone]

1 for your file

Brilliant thanks DX

Hello all.

Just a quick update to keep you posted....

DQ filed.

Case referred to Defendant's chosen court.

Morning. Just wanted to double check that the other half doesn't need to do anything with the letter he got. It reads:

Upon considering the the papers on the court file it is ordered that this case be transferred to the county court at xxxx and the file has been sent to that court.

If this order was made as a result of a without notice application or on the courts own initiative and if you object to the order you may make an application to have it set aside, varied or stayed provided the application is made within 7 days of service of the order.

He's getting antsy again!

Thank you

this means it will be heard at your local court unless the named court is not your local one. You need to do nothing, it is normal. You will soon be given a hearing date when they can look at the papers an their calendar, you usually have to swap evidence bundles a fortnight before the hearing date. Gladdys will try and offer a settlemant for a lesser amount in the hope that they dont have to get someone to turn up and be humiliated because the LAST THING THEY WANT IS AN ACTUAL HEARING.

Thanks EB. Was just checking as it had already been allocated to a different local court but has now been allocated to this one. Was just checking he hadn't missed something.

Cheers!

It will go to yoru local court UNLESS you ask for it to be herad elsewhere for some reason such as a court near to where you work. Northampton CCBC is just a big office with computers and phones, they dont do hearings

Morning all!

We have been away a few days and have come home to court papers.

The claimant has until 4pm on the date of the hearing to pay the court fee or the case will be struck out.....but the hearing is at 2pm on that same day??? This doesn't make sense to me?

Also is now the time defendant needs to put together full defence and send copies to court and claimant?

Thanks!

Right, you get your WS written up and them phone the court to clarify the allocation fee bit. If you are using moneyclaim online you can check the dates things are supposed to eb done there and use the dashboard to whack in a strike out for non payment if the dates are showing on there differently ( ie sooner)

What is the date of the hearing?

Thanks EB have just called court and yes it is a typo. Hearing is 2nd Nov.

Will get the ball and chain to keep checking MCOL. The court have extended the date (was actually 5th Oct) to 12th Oct.

Will write up WS. Copies need to be sent to Claimant no later than 14 days before court date as I remember?

Thanks!