Court Claims - All the Stages

Here are the stages

Responding to a County Court Claim
Days Document To do Whats Next
1 - 14 N1 Form Check to see if the claimant intends to send “Particulars” or not.  Within 14 days you have to Acknowledge you have received the N1 claim form. See How to.
14 – 28 Defence You prepare and send back a Defence in answer to the “Particulars” on the N1 Form Once the Defence goes to MCOL they will send a copy to the Claimant who has 28 days to respond with a Directions Questionnaire (N180)
28-56 Directions Questionnaire (DQ) Complete this with details of when you may not be available. This is also your chance to opt for a “paper hearing” if you decide you do not want to attend court. See how. Once the DQ has been sent, then you should spend a bit of time gathering the paperwork you will need later. You can get most of it off the parking company and the DVLA by sending Subject Access Requests (SAR). You’ll need to send £10 to the parking company for the details but you’ll struggle later without it. The DVLA do not charge for answering their SAR.
56 – 76 DVLA SAR Ask the DVLA if and when the Keeper details were released You use this at the Witness Statement stage if it is beneficial to you.
56 – 96 SAR to Parking Company Ask the parking company for all information they have on you and any photos they have of the car. You use the parts of their reply in the Witness Statement stage. They have 40 days to reply so you must a) chase them to reply on time and b) check they have sent you everything including the photos.
96 Notice of Transfer This is simply the court telling you which local court they will be using. Sometimes it will give a hearing date but mostly not. Wait for the Notice of Allocation
96 Notice of Allocation This is a key document in that it will tell you the date for the hearing but the most important part is the date by which you need to send back your Witness Statement. There are 3 dates on this document. The hearing date when the case will be heard. The date for documents to be exchanged and the date for paying the hearing fee. Please let us know these dates as they are very important.
Preparing for the hearing The difference between a Witness Statement and a Skeleton Argument. See here
14 Days before the hearing Witness Statement If you have all the information you can reasonably collect you start writing the WS using the paperwork in front of you. This is the basis of your defence as the judge can only consider the material in front of him. Don’t expect the parking company to send anything that will help you. You have to send your WS plus all the supporting information you have gathered (the “pack) to both the court and the other side. Usually it's 14 days prior to the hearing but check.

You will get a pack from them but they sometimes delay.
Up to 3 days before the hearing Skeleton Argument This is where you apply you arguments to the facts laid out in the Witness Statement. You can send it to the court and the other party 3 days before or hand it over on the day just prior.

 

 

 

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