ParkingEye ANPR PCN Claimform - Town Quay 2, Southampton

[Incontro]

thanks for explaining!

 

another question: my understanding is submitting detailed witness statements as the defendant in a case (and not as an actual witness) is an optional step (unless the judge orders it)? or am i wrong?

 

lastly, i will be travelling abroad with a family member pretty soon, is this going to cause any problems? i will be away from the 6th of september for approx 2 weeks, so I wont be able to respond to any letters/instructions during this time?

 

i am soon going to submit the defense statement dx100uk so kindly posted up a few posts ago, however I am also going to mention as a last bullet point that the claimant refused to comply with my CPR 31.14 request

[dx100uk]

no please follow the std process when/if it gets to the disclosures stage [WS]

 

defence in post 71 updated

 

I cant see the DQ[n180] being issued before you return, and even if it is it has a greater timespam to reply than 2 weeks I think.

 

[AndyOrch]

1 hour ago, Incontro said:

thanks for explaining!

 

another question: my understanding is submitting detailed witness statements as the defendant in a case (and not as an actual witness) is an optional step (unless the judge orders it)? or am i wrong? Wrong ....all claims require a statement being submitted by both parties (Claimant and Defendant)...the statement is your main response....courts hardly ever look at initial defences.

 

lastly, i will be travelling abroad with a family member pretty soon, is this going to cause any problems? i will be away from the 6th of september for approx 2 weeks, so I wont be able to respond to any letters/instructions during this time? There is a space box to complete for days you are unavailable see Box D4

 

i am soon going to submit the defense statement dx100uk so kindly posted up a few posts ago, however I am also going to mention as a last bullet point that the claimant refused to comply with my CPR 31.14 request....Fine although I'm not sure what a claimant could possibly disclose in connection to its particulars in this type of claim.

 

 

Andy

[Incontro]

dx, can you please answer my question about the wording?

 

in your previous posts, you said "3. Accordingly, it is denied that the driver breached any of the Claimant's purported contractual terms,"

 

Was the use of the word driver intentional? As opposed to say, defendant? 

[dx100uk]

think about, what do YOU the DEFENDANT not want to admit too eh?

 

 

[Incontro]

the answer is that it should read defendant right?

 

i know who the driver is... technically it could also be argued (based on evidence) that the claimant cannot enter a binding/valid contract with the driver either

[dx100uk]

so you want to admit being the driver by saying the defendant didn't enter into a contract?

how did you know there was one before you ever got any letter as the registered keeper?

 

by saying 'defendant' you are admitting to the claim against the defendant in the poc that there could be a valid contract.

 

you can't have ....you were not there, the driver was! so driver is correct.....

 

 

[Incontro]

thank you!

 

defense submitted as per your advice (thanks again), unfortunately i couldnt find any option on the online MCOL form to notify the court of my unavailability as per Andy's suggestion.

 

should i send a letter via post to the court?

[AndyOrch]

Its not on MCOL.....its on the N180 Directions Questionnaire  section  D4.

 

Your not at that stage yet.

#

Andy

[ericsbrother]

you are weeks away from even getting that paperwork so stop worrying about your absence.

Pleas read and reraed this thread and others so you dotn keep making the same errors regarding choice of words. When we say something its use is precisely that, not a generality

 

so to reiterate, you write in the third person as the defendant and refer to all others by their title so claimant, driver, landlord etc not me, them, Fred, southampton harbour board etc

[Incontro]

So sometime between Monday (23/09) and Friday (27/09), PE sent me a copy of the N180 form they claim to have submitted to the court. I cannot remember the exact date, and oddly the PE letter (with attached photocopy of completed N180 form) isn't dated...

 

But the court hasn't sent me the N180 form to be filled in... How odd.

[Mrs O'Frog]

Have a look on MCOL to see if one has been sent out and if they've received the one from PE. It could just be a backlog of paperwork at the courts.

[Incontro]

Thanks Mrs O'Frog, guess I spoke to soon, the form has arrived 

[Incontro]

can i just double check some of the details im supposed to submit are correct:

 

* tick no to the small claims mediation service

* no for permission to use expert evidence

* number of witnesses=1 (section d3)

 

lastly, this form must be posted/completed as a paper copy, and does not exist digitally on MCOL right?

[AndyOrch]

 

[Incontro]

Can this form be signed with an actual signature or must name be printed? I have done former unintentionally...

 

Let me know - I can redo the form if necessary.

 

Sorry for the late reply as I've been off work ill.

[dx100uk]

the court copy yes sign it.

the copy to the PE you should omit sig/phone/email

as all other pcn claimform threads here already advise

 

 

[Incontro]

thank you very much

[brassnecked]

Freda2003, as this is Incontro's thread, I have moved your post to your own thread, as although similar the davice for you will be different, above all Do Not Appeal as yet nor offer any money until the Team have seen details

Your thread is here

 

 

[Incontro]

On the topic of this topic...

 

Just heard back from the court, allocated to small claims track, set for a provisional hearing in my local (nominated) county court. Hearing date has been set for the end of March, 2020.

 

Guess I have to start carefully drafting witness statements, researching case law, etc. Any pointers/tips/advice I should consider?

 

What I find interesting is that copies of all documents intended to rely on in court are required to be sent to claimant in advance of trial... I know for small claims this seems to be the norm, but it's never like this in other court cases?

Edited November 19, 2019 by Incontro

[dx100uk]

yes always.

 

what date have the claimants to file the fee by?

what date do WS's have to be exchanged?

 

[Incontro]

what date have the claimants to file the fee by? --> 1 month prior to hearing date (1 month less 1 day to be more precise, by 4 pm)

 

what date do WS's have to be exchanged? --> no later than 14 days prior to hearing date

[dx100uk]

no harm in preparing what your WS might contain

but if they don't pay the fee

there will be no need for one.

 

I would also take advantage of your LiP status in that you await theirs first if poss

 

 

[Incontro]

but i remember seeing their n180 form stating that they had already enclosed or paid the court fee... maybe my memory is hazy, i will check again

 

yes but the deadline for the fee is too soon to the court date to properly prepare an argument imo, should probably start preparing soon(ish).

 

sorry what does 'LiP' stand for?

[FTMDave]

Litigant in Person (i.e., not with a solicitor or from a large company with a legal department).