Deal - ihateparkingfines

[IHateParkingFines]

Re: Deal - ihateparkingfines

Forgot the attachments.

Sorted now.

[mystery1]

Re: Deal - ihateparkingfines

I expected that them not to respond and that would of been the end of it.. However, I've had a "Transfer of Proceedings" (see attached) come through the post today. I'm assuming that this means Debt Enforcement & Action Limited have now submitted their questionnaire and are wanting to take this to court?

Indeed. The court will write again to give a hearing date and instructions for disclosure of documents and witness statements.

It's one thing to say let's go to court and another to turn up on the day and try and win. I'm 99.9% sure they won't turn up if they let it get that far.

M1

[IHateParkingFines]

Re: Deal - ihateparkingfines

Well let's hope you're right M1!

I'll keep this thread updated as I'm sure it will help others who find themselves in the same situation.

[IHateParkingFines]

Re: Deal - ihateparkingfines

Hi,

So, got another letter through yesterday from my local court. (See attached)

From reading the letter I'm assuming that I have to re-submit my defence? Is there anything else I should be worried about doing?

Also noticed neither parties attendance is required..

Once again, any advice would be appreciated.

Thanks,
Iain.

[mystery1]

Re: Deal - ihateparkingfines

No need to resubmit.

We need to get a witness statement done. A skeleton argument (not always required at the small claims level but has been ordered and is a good idea anyway).

For some reason the case has been made a paper only hearing. I'd ask the court why as it's better if you can appear yourself as they often will not appear meaning it gets dismissed. It's not a disaster by any means just curious.

M1

[IHateParkingFines]

Re: Deal - ihateparkingfines

OK.

I'll give the courts a call a see if there's a particular reason for it being a paper-only hearing.

Cheers.

[IHateParkingFines]

Re: Deal - ihateparkingfines

I have sent a letter to the courts requesting an oral hearing.

Will have to wait and see what they come back with.

[IHateParkingFines]

Re: Deal - ihateparkingfines

Got a response back from the court this week. (see attached)

So I guess I'm now waiting for a date to appear in court. Great.

I am a little concerned over legal costs etc in the event of them turning up and winning. If I were to find myself in that position, would I be liable for their legal/travel/expense costs? I may just be worrying a little, I've never been to court and am totally out of my comfort zone.

[IHateParkingFines]

Re: Deal - ihateparkingfines

We need to get a witness statement done. A skeleton argument (not always required at the small claims level but has been ordered and is a good idea anyway).

As for the witness statement? Is there a template I can get from anywhere?

Cheers,
Iain.

[mystery1]

Re: Deal - ihateparkingfines

I'm off Tuesday-Thursday next week so bump up then.

No template as such, because each witness statement will have different content.

https://www.justice.gov.uk/courts/pr...ess-statements


You will say you were the registered keeper and driver on the date in question and explain the circumstances of parking. You will also state you got a letter from DEAL for assignment and the letter will be an exhibit so you call it exhibit A (exhibits run A - Z depending on how many there are.)

Also ask the Co-op asap if the assignment was with their knowledge. Include the reply in your statement as an exhibit.

Etc

M1

[IHateParkingFines]

Re: Deal - ihateparkingfines

Thanks M1.

In regards to DEAL's legal fees, will I be held liable for them and be forced to cough up?

[mystery1]

Re: Deal - ihateparkingfines

It's small claims so very limited. Also remember you have to lose 1st !!

M1

[mystery1]

Re: Deal - ihateparkingfines

http://www.legalbeagles.info/forums/...ement-of-truth

A letter/email to see if your local court is interested in stopping claimants take the mick out of them.

M1