Court Allocation when defendant is individual "Trading As"

[ostell]

A query has arisen elsewhere in that a private individual wishes to make a claim against a trader. The claim, of course, would be against A N Other trading as "scam merchants". In the small claims track which location would the claim be allocated to for a hearing? Would it be the location specified by the claimant as a private individual or would it be the location chosen by the defendant also an individual but trading as?

I've searched for a definitive answer but can't find anything.

[des8]

Re: Court Allocation when defendant is individual "Trading As"

In one thread (this one I think! http://legalbeagles.info/forums/show...ged-van-UPDATE ) the claim against a trader was originally allocated to defendant's court, but on application by the claimant (family situation re childcare made it difficult to attend at defendant's court) the case was transferred to claimants court.
Claim has also been "upgraded" from small track to fast track!

But see CPR 26 2A (3) (3) Subject to paragraphs (5) and (5A), if the defendant is an individual and the claim is for a specified sum of money, at the relevant time the claim must be sent to the defendant’s home court.....

[ostell]

Re: Court Allocation when defendant is individual "Trading As"

Yes, I read the CPR stuff. It seems unfair that a trader operating a business is regarded as an individual.

Brought about by a suggestion in a parking case for the motorist to claim against the sole trader trading as a parking company for DPA breaches and harassment. The claimant lives quite some distance from the trading defendant and it does seem a little unfair.

[des8]

Re: Court Allocation when defendant is individual "Trading As"

Go for a paper hearing perhaps?

[charitynjw]

Re: Court Allocation when defendant is individual "Trading As"

At DQ stage there is an opportunity to nominate the preferred venue.
If the Claimant & Defendant 'live' far apart, perhaps arrange to meet halfway?

[charitynjw]

Re: Court Allocation when defendant is individual "Trading As"

[MENTION=39331]ostell[/MENTION]

To digress slightly, what is the rationale for a separate DPA claim?
As the claim presumably flows from the same cause of action, & defence of same (& therefore accessing DVLA data without reasonable cause), CPR 20 allows for a counter-claim.
https://www.justice.gov.uk/courts/pr...l/rules/part20
20.1 The purpose of this Part is to enable counterclaims and other additional claims to be managed in the most convenient and effective manner.

[ostell]

Re: Court Allocation when defendant is individual "Trading As"

There appears to have been a mistype of the VRN when it was forwarded to the DVLA. Unfortunately both VRN's are for the same manufacturer and model and the PPC is claiming from the registered keeper of the wrong number plate. The photos show the different number plate but the PPC is pressing ahead anyway and taking no heed of the error after it was pointed out. The difference was a C instead of V, easily a mistype.

As you can imagine this has caused much distress and they would like to take this forward as a claim anyway even if eventually no MCOL claim arises for the parking. Yes, if a claim is raised then counterclaim would be the way forward but, as I said, they would like to claim for the stress anyway.