Deal Northampton Court Papers 5 March 2015 - Won

[scraper]

Hello, this is my first post on here, though I have been using the forum threads on this matter for some time.

Have received court papers from Northampton, dated 5th March 2015 and they are stamped. I believe they are genuine. This is in relation to an alleged parking offence, which I think dates back to 2012, possibly 2011.

I, or rather my wife, has been ignoring the letters from Deal for several years, as is/was the advice, however I'm aware we cannot ignore this.

The claim is the standard one, for £215, though with the name of Solicitor (Mr M Schwartz) spelt correctly. The particulars of claim are the standard six points as seen on others' scanned documents, and the defence that is available on this forum deals with them all.

We are about to file the acknowledgement of service form.

In relation to the defence there are a couple of additional points which I wondered if they would have any bearing on defence or process we follow:

1) The date on the form in the Particulars of Claim is 01/01/1900 (Definitely 1900). Clearly this is a mistake but I wondered what bearing it may have on how I write up the defence, given it is inaccurate, given the solicitor has signed the form? Is this grounds for it to be thrown out?

2) The Claim form is addressed to my wife, she is/was the Registered Keeper, but she was not the driver. That would have been myself. She has never even visited the town where the offence is alleged.

3) As this is my wife they are pestering and she is not at fault, she is very nervous about this, and the prospect of it reaching court. I can make assurances based on the information I have read on here, and have no intention of paying this. Is there a way I can deflect this so that at least Deal are pursuing the correct person, myself. I could then offer the standard defence. If so how best is this done?

I get the impression there are a few of these circulating, so do appreciate your time and advice on this particular case.

[mystery1]

Re: Deal Northampton Court Papers 5 March 2015

1) The date on the form in the Particulars of Claim is 01/01/1900 (Definitely 1900). Clearly this is a mistake but I wondered what bearing it may have on how I write up the defence, given it is inaccurate, given the solicitor has signed the form? Is this grounds for it to be thrown out?

In theory you could apply for a summary judgement but honestly it's not worth it. Add in a paragraph :-


The Defendant contends that the debt claimed is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. The claim appears to be based on simple contract and an excess of 6 years have elapsed since any cause of action may have accrued. The claim that the Claimant's are entitled to payment of £215, or any other sum, or relief of any kind, is denied. The driver was not born until xxxx and the vehicle was not in production in 1900 either.

2) The Claim form is addressed to my wife, she is/was the Registered Keeper, but she was not the driver. That would have been myself. She has never even visited the town where the offence is alleged.

The claimants claim is denied as there was no keeper liability on this date and the defendant was not the driver.

3) As this is my wife they are pestering and she is not at fault, she is very nervous about this, and the prospect of it reaching court. I can make assurances based on the information I have read on here, and have no intention of paying this. Is there a way I can deflect this so that at least Deal are pursuing the correct person, myself. I could then offer the standard defence. If so how best is this done?

In a word, no. However, if it goes to court all she has to do is confirm that you are her lay representative and you can speak. It's a statutory right in the small claims court.

M1

[scraper]

Re: Deal Northampton Court Papers 5 March 2015

Really appreciate your help M1. Best wishes.

[scraper]

Re: Deal Northampton Court Papers 5 March 2015

Defence submitted, but today receive a letter direct from Deal notifying me of 'correct' date of 27/01/2010, so inside of the 6 years. The last sentence of letter says they reserve right to serve Amended Particulars of Claim should it be deemed necessary.

Now that I know this do I need to submit an amended defence that removes the points relating to date, or does the defence stand until they amend the claim.

In the other posts I've read, I've not seen this happen, so advice on how best to proceed once again appreciated.

[mystery1]

Re: Deal Northampton Court Papers 5 March 2015

Wouldn't worry about it unless the date brings back a memory such as someone else being the driver on that date.

M1

[scraper]

Re: Deal Northampton Court Papers 5 March 2015

Thanks again M1. Appreciated

[scraper]

Re: Deal Northampton Court Papers 5 March 2015

We have our N149A proposing to allocate to small claims. I've seen quite a bit of advice that suggests take up the mediation offer. Presumably that rules out me applying for costs if they lose in court or don't pay hearing fee/show up?

Personally I'd like to whack them with their own bat. Mediate or stay the course?

[mystery1]

Re: Deal Northampton Court Papers 5 March 2015

I think i'm the only parking helper on the whole internet that says mediate. I also never really expect anything to come of it but it does make you look better to the court and could help with regards to costs if you go through to a judges decision.

M1

[scraper]

Re: Deal Northampton Court Papers 5 March 2015

Update. We thought this might have gone away, we had a letter saying that DEAL were late with their directions questionnaire so they had a week to file it, or it would be struck out, but it seems they have now done (though they never sent us a copy) since my wife has just had a telephone call re mediation from the county courts. I don't have the details but we are to expect a letter apparently.

Looks like we too are into the next phase. I'll update when I know more.

[mystery1]

Re: Deal Northampton Court Papers 5 March 2015

Inform the court they never sent it to you.

M1

[scraper]

Re: Deal Northampton Court Papers 5 March 2015

We've had the letter. This case has been allocated to our local court so we'll see what happens next. I need to ensure that I can speak for my wife - you mentioned I need to confirm I am her "lay representative" - is there a process to do this via, or should we simply write to the court and inform them? Will this allow them to discuss the matter on the phone with me. At the moment they won't since it my wife that is the defendent.

[mystery1]

Re: Deal Northampton Court Papers 5 March 2015

In court just turn up. She needs to be with you.

On the phone just get her to confirm that she's happy for you to speak on her behalf. If the refuse take a note of it to help show unreasonable behaviour and just tell her to put the phone down.

M1

[scraper]

Re: Deal Northampton Court Papers 5 March 2015

In court just turn up. She needs to be with you.

On the phone just get her to confirm that she's happy for you to speak on her behalf. If the refuse take a note of it to help show unreasonable behaviour and just tell her to put the phone down.

M1

Thank you again M1. Re the phone business, I was referring to the courts. I think you may have inferred I was trying to talk to DEAL.

Claims for costs now seem like an option since DEAL are moving forwards. I noted in another thread on your forum that one successful defendant was put off pursuing costs since the Judge said DEAL could contest a claim for costs. My question - what are the implications of them contesting. Can the orginal case get reopened, are we just talking about possible expenses incurred in pursuing if you lose the costs claim? Has anybody successfully made a costs claim stick?

This has caused lots of problems between myself and wife. Lets just say we have different mindsets. But I was the driver after all.

If a claim for costs can be made to stick I want to pursue it since a) I'm bitter about the whole thing and b) since it seems the costs they incur in invoking a legal process, subsidised by the taxpayer, are low enough for them to make this a viable business, we need to do something about that.

[mystery1]

Re: Deal Northampton Court Papers 5 March 2015

http://www.legalbeagles.info/forums/...ghlight=%A3324

http://www.legalbeagles.info/forums/...ghlight=%A3324

The case won't be reopened when claiming for costs.

M1

[scraper]

Re: Deal Northampton Court Papers 5 March 2015

Our case has been allocated we've got the N157 that others have scanned with some dates and process we need to comply with. I've a couple of questions.

Claimant is to file and serve a Reply to the defence by ... - will we get a copy of that prior to any hearing?
Witness Statement - I'm a witness. I was driving the car. My wife was not there. Is this something that should be considered, otherwise there is no witness as such?
Evidence - We need to submit the defence document already sent, any pictures we can get (what, I don't know - dates back to 2010) and I need to email COOP to ask if they had knowledge of the assignment of the debt.

We should check with the court to ensure the claimant is meeting their deadlines for each of their obligations (Reply to Defence, paying hearing fee and submission of trial bundle) as failure on their part will mean the claim is struck out?

One other thing I'm not clear on. Assuming DEAL cease at some point in this process, are we able to make a claim for costs, regardless of at what stage they cease. For example if they don't pay the court hearing fee?

Appreciate your ongoing assistance with this.