County Court Claim

[charitynjw]

Hi any further advice would be great as I'm getting close to running out of time to post my defence

Hi Casty

Could you confirm the claim issue date as 25th Feb?

[Casty61]

ok after a little further research i have sent in the attached clam defense as I was running out of time, Parking Claim.doc

[charitynjw]

When does your defence need to be filed? (33 days from the issue date on the N1 court claim.)

[Amethyst]

I'll move you to the parking forum so you aren't overlooked xxx

[charitynjw]

I'll move you to the parking forum so you aren't overlooked xxx

We've got signs up in there!

[Casty61]

Hi there, been a while since I requested your help, I have received acknowledgement of my defence and a notice of proposed allocation to the small claims track with the offer of mediation and the possibility of settlement without a court appearance which I have to complete and return by May 13th. How should I proceed.

[ostell]

yes to small claims, mediation? they will try and get you to pay so you can offer to drop hands in that they drop the case each side pays their own costs, or no mediation. And a copy to the court and the claimant.

[charitynjw]

Make sure that you complete & return the DQ in a timely fashion.
Courts are very hot on this atm, & even a small delay in responding on time could result in your defence being struck out.

[Casty61]

I have 2 notices from CPM's solicitors Gladstones, the first advises me that they wish to proceed through small claims but do not wish to entertain mediation. The second sets out their evidence by showing photos of the signs in the car park, an overhead shot showing where the signs are placed, a copy of the sign's wording and lastly a photo of my vehicle. The picture of my car could have been taken anywhere there is literally nothing else in shot but a background of a building with no signs or distinguishing marks and no car park lines shown, my vehicle fills the shot head on.They still haven't provided evidence as to who was the driver and I haven't admitted anything.

[charitynjw]

I have 2 notices from CPM's solicitors Gladstones, the first advises me that they wish to proceed through small claims but do not wish to entertain mediation. The second sets out their evidence by showing photos of the signs in the car park, an overhead shot showing where the signs are placed, a copy of the sign's wording and lastly a photo of my vehicle. The picture of my car could have been taken anywhere there is literally nothing else in shot but a background of a building with no signs or distinguishing marks and no car park lines shown, my vehicle fills the shot head on.They still haven't provided evidence as to who was the driver and I haven't admitted anything.

Have they sent copies of the notice to keeper (& if applicable, notice to driver aka windscreen ticket.)?

[Casty61]

Have they sent copies of the notice to keeper (& if applicable, notice to driver aka windscreen ticket.)?

They have sent a copy of NTK there was no windscreen ticket, they have also said that they intend to request a special direction that the case be dealt with on the papers without the need for an oral hearing.as the costs incurred by both parties appearing would be disproportionate.

[charitynjw]

They have sent a copy of NTK there was no windscreen ticket, they have also said that they intend to request a special direction that the case be dealt with on the papers without the need for an oral hearing.as the costs incurred by both parties appearing would be disproportionate.

Ok
Could you post up pics of the NtK (front & rear, redact personal info but leave times & dates visible.)
If it were me I'd still say 'yes' to mediation, & object to a 'papers only' hearing.
I have seen allegations where they have stated 'paper only' on the DQ, but their legal rep has turned up at the hearing anyway.

& as previously stated, make sure your DQ is filed on time.

[Casty61]

Ok
Could you post up pics of the NtK (front & rear, redact personal info but leave times & dates visible.)
If it were me I'd still say 'yes' to mediation, & object to a 'papers only' hearing.
I have seen allegations where they have stated 'paper only' on the DQ, but their legal rep has turned up at the hearing anyway.

& as previously stated, make sure your DQ is filed on time.

Hi DQ was filed on time, I did say yes to mediation but didn't object to papers only hearing as I'd already completed the DQ before receiving your advice.

[ostell]

Or they add additional information in the "paper Only" documents and you are therefore denied the opportunity to refute.

You could send a seperate letterr to the court objecting to the paper only.

Looking at that PCN they haven't identified the location of parking. Where is this location "Betts Way"? There are many hits at different location on Google maps. Where was it?

Would be nice to see a photo of the signs

[Casty61]

Or they add additional information in the "paper Only" documents and you are therefore denied the opportunity to refute.

You could send a seperate letterr to the court objecting to the paper only.

Looking at that PCN they haven't identified the location of parking. Where is this location "Betts Way"? There are many hits at different location on Google maps. Where was it?

Would be nice to see a photo of the signs

Yes the location is Betts Way