ParkingEye ANPR PCN Claimform - Town Quay 2, Southampton

[AndyOrch]

Almost.....

 

1. claimant issues claim, defendant receives claim, submits AOS

2. should the claimant decide to defend the case in full, defendant submits statement of defense

3. claimant is served a copy of the defence and decides if they wish to proceed and in informs the court if they wish to proceed

4. court sends directions questionnaire to both parties, claim is then assigned to a track ( small claims court) and Notice of Allocation issued which informs both parties when the hearing fee should be paid when the trial date is set and directions that both parties must comply and submit by date

5. drafting of witness statements on both sides which particularises the initial claimed particulars/defence with reasons....along with documents as evidence in support

 

Andy

 

[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

[AndyOrch]

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

 

Your not at that stage yet.

#

Andy

[AndyOrch]

 

[AndyOrch]

Claimants can make a response to a defence...not all do...nor are they required to....but they can....and if they do.....

 

Reply to defence

15.8  If a claimant files a reply to the defence, the claimant must

(a) file the reply with a directions questionnaire; and

(b) serve the reply on the other parties at the same time as it is filed.

(Rule 26.3(1) and (6) requires the parties to file directions questionnaires and specifies the period for doing so).

(Part 22 requires a reply to be verified by a statement of truth)

 

Andy