County Court Claim

[charitynjw]

Yes the location is Betts Way

I've found 3 Betts Ways just around the London area.
The NtK must identify the exact location

[Casty61]

I've found 3 Betts Ways just around the London area.
The NtK must identify the exact location

They have provided this aerial map of the car park to show Betts Way

[charitynjw]

They have provided this aerial map of the car park to show Betts Way

They can provide whatever they want.
It does not detract from the fact that the NtK must give the location.

9
(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

https://www.legislation.gov.uk/ukpga...dule/4/enacted

[Casty61]

They can provide whatever they want.
It does not detract from the fact that the NtK must give the location.



https://www.legislation.gov.uk/ukpga...dule/4/enacted

thank you for all your help it really is much appreciated, one last thing, my wife the registered keeper is absolutely petrified by a court appearance, as I was the driver can I appear on her behalf should it go to court?

[ostell]

Don't even hint about who was the driver. You can be in court with her and you may, I say may, be able to run the case for your wife is the judge agrees.

Tell your wife is not at all like what you see on TV. It will be a small room with 3 desks. The judge's is higher than the others.

[Casty61]

ok so I have now received a Notice of Transfer of Proceedings,

" The claim has been to the below County Court Hearing Centre for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions.
Details of the judges directions will be sent to you in notice of allocation."

Will this be a final judgement or will there be a chance to appeal should the judge find in favour of the claimant.

[charitynjw]

, my wife the registered keeper is absolutely petrified by a court appearance, .............. can I appear on her behalf should it go to court?

See post #15 (by our Amethyst )
https://legalbeagles.info/forums/for...urrent-address
Not a parking case, but the principle is the same.

[Casty61]

Hi, I have finally received a Notice of Allocation to the Small Claims Track (Hearing) with a date to appear, it states that as the order has been made without a hearing I have the right to have the order set aside. What does this mean?

[Amethyst]

Just if you think the case should be on fast track or at a different court you can apply to set aside/vary the order. You don't so no need to do anything.

Does the notice also give directions regarding exchanging witness statements and documents ? Normally is on 2nd page of the notice

[ostell]

It means that the other side applied to have a paper only hearing, probably at the DQ stage and you didn't object then. The other side hope it is at their local court and they can sneak in extra items. You object and ask for your own court.

[Casty61]

Guys, I would like to pass on my huge gratitude to all of you that have helped me with this issue, it was passed on to the small claims court, I then received a phone call from Gladstones Solicitors offering me a settlement figure which I said I would consider and get back to them. When I returned the call 2 days later Gladstones instructed me that they were discontinuing the claim as they didn't think, correctly, that I would accept the settlement figure.
The postman has just delivered the notice of discontinuance.
Once again many many thanks for all your help and support, I would have been lost without you !!!!

[Judemv]

What a great result, it just shows that persistence pays off, well done!