Small court claim how do you write a claim particular?

[Shana84]

Hi I need help with writing a 'particular of claims' to send the defendant. Is it just facts numbered. With evidences. Short and precise or is there a way things need to be formatted? Please help. Need to submit in 14 days?

[R0b]

Re: Small court claim how do you write a claim particular?

Yes it is essentially a factual outline of the issue. each new point should have a new number, don't make your paragraphs large if they need breaking up then do so. You don't put evidence or authority in your particulars, that would go in a witness statement.

What is the claim for?

[Shana84]

Re: Small court claim how do you write a claim particular?

I am taking GMP to small claims for money I have lost due to the wrong decision they made by disregarding evidence.

- - - Updated - - -

Thanks Rob for your reply. All this is new to me. Appreciate your help.

[R0b]

Re: Small court claim how do you write a claim particular?

can you provide some background if possible? what is your claim going to fall under - negligence?

[R0b]

Re: Small court claim how do you write a claim particular?

Just to add, if it is negligence police have generally been immune to negligence claims, although a case last year sort of bypassed that immunity in relation to serious crimes.

[Shana84]

Re: Small court claim how do you write a claim particular?

Rob I have no idea about law. My vehicle was seized because a provisional licence holder was driving it without supervision. My car was not released to me because the police disputed my ownership. I provided them reciept and witnessss can verify my purchase. I sent a complaint to GMP, this took the police over a month to reply. The Sgt I complained about was allowed to investigate himself and I got nowhere. My only option was small claims for damages.

[Shana84]

Re: Small court claim how do you write a claim particular?

I followed section 165b RTA. It falls under a breach of Human rights according advice given by Solicitors

[R0b]

Re: Small court claim how do you write a claim particular?

Do you recall why the solicitor said it is a breach of human rights?
I assume it has been returned now?
How much is it you are looking to claim back in damages or in other words what are your losses?
What is this receipt you provided, why couldn't you provide the V5/insurance policy or notice of the seizure?

Sorry so many questions as I appreciate that they refused to give it because they disputed ownership but if they had reasonable grounds or insufficient evidence to show that you are the owner. I'm sure you could understand that someone who says they have a witness who verified the purchase ins;t enough to prove ownership as anyone could say that.

At the moment I am struggling your cause of action here but ig you really want to pursue it then as per my above post you will have to set it out correctly, and you will need to identify the cause of action i.e negligence. You are best using sub-headings such as background, breach of negligence, what your claiming etc.

[Shana84]

Re: Small court claim how do you write a claim particular?

Hi Rob yes all of the above was provided. Seizure notice after I got hold of it from the driver, VC5 and insurance documents. Yet they would t budge. No I haven't got my car back to date. Been 3 months and counting.

- - - Updated - - -

V5c I mean...

[Shana84]

Re: Small court claim how do you write a claim particular?

Have you an email address that I can use to send you my case in short and you give me your opinion?

[stevemLS]

Re: Small court claim how do you write a claim particular?

Do you recall why the solicitor said it is a breach of human rights?

I agree that this will be a struggle to find a cause of action.

I can only imagine that the solicitor was talking about a breach of Article 1 of Protocol 1 to the ECHR:

(1) Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.(2) The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

Problem as I see it is that the police had the statutory right to seize the vehicle and that this would have been sufficient to satisfy the qualification contained in Art 1 as well as Art 2.

[Shana84]

Re: Small court claim how do you write a claim particular?

I don't know how to send messages private on here. New user 😓

[Shana84]

Re: Small court claim how do you write a claim particular?

Yes the seizure was correct.. The release of my vehicle under section 165b was not granted due to dispute in ownership even though DVLA recognise me as registered keeper and so did the specialist insurance company when I had to send proof via email. It's just unfair you see any other constabulary would allow its release.. But these lot are unbelievable.

[stevemLS]

Re: Small court claim how do you write a claim particular?

I'm sure you know that registered keeper is not the same as owner.

What reasons are the police giving you for refusing to accept your evidence as to ownership?

Is it a proper receipt from a reputable garage or some handwritten scrawl from a back street set up?

When you saw a solicitor, did you ask them to write to the police on your behalf?

[Shana84]

Re: Small court claim how do you write a claim particular?

Yes I am aware of that.
Police are not giving me any acceptable reason to disregard my receipt.
The vehicle was a private sell and not from a garage. The receipt was not a hand written scrawl lol!😂
There are a lot of facets to my case. The police threatened me to drop my case, lied to me, tried to scare me away... The part I am discussing is the part I am claiming for via small claims court. The other parts are being dealt with via solicitor. My solicitor is not dealing with my vehicles release. They are dealing with my police complaint against the officers..Frustrating I know. I wanted one person to deal with the entire matter. But apparently there are two parts to my case ... It's that or I am being shafted by the police and Solicitor 😥 Anyway going to bed. Chat soon.

Thanks for chatting appreciate it. Mind boggling all of this!