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DEAL Notice Of Proposed Allocation to Small Claims Track

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  • DEAL Notice Of Proposed Allocation to Small Claims Track

    Morning!
    I apologise for asking questions which undoubtedly have been asked before but I'm a technophobe and cant sift through all the advice, threads, blogs and posts at this time.
    I received a Parking Charge Notice re parking in co-op on 11/03/10. I took all the advice re telling them I wasn't the driver (because I wasn't) then ignored all future letters up until last month when I received a notice of intended action from the county court.
    The notice of claim stated that I'd parked on 01/01/1900 so I replied to this using a defence letter template from this site. I pointed out I wasn't responsible because I wasn't even born in 1900 so it was impossible.
    I thought this would be the end of it. This morning though, I've got a letter from DEAL re the Amended Particulars giving the correct date and a Notice Of Proposed Allocation To The Small Claims Track.
    Stupidlu, I haven't kept any corresponce relating to this over the years as I thought it would go away, however I'm now really concerned that I'll have to attend court and pay. I can't afford the £245 or whatever it is.
    What do I do? Please help.
    Tags: @mystery1

  • #2
    Re: DEAL Notice Of Proposed Allocation to Small Claims Track

    As this was pre POFA then they can only chase the driver at the time. It was a long time ago but can you show you were not the driver, or give a reasonable explanation why you could not be?

    Comment


    • #3
      Re: DEAL Notice Of Proposed Allocation to Small Claims Track

      Thanks for such a quick reply.

      I know who was driving but I don't have any contact details for them. Is that a reasonable explanation?

      Comment


      • #4
        Re: DEAL Notice Of Proposed Allocation to Small Claims Track

        The question is, will a judge believe you ? If they do you cannot lose.

        M1

        Comment


        • #5
          Re: DEAL Notice Of Proposed Allocation to Small Claims Track

          Thanks M1,
          I have to reply before the 30th March and I'm really worried. Are there any templates you could recommend please?

          Comment


          • #6
            Re: DEAL Notice Of Proposed Allocation to Small Claims Track

            Who has proposed the allocation to this track?
            Is the letter from DEAL or from the court?

            Comment


            • #7
              Re: DEAL Notice Of Proposed Allocation to Small Claims Track

              Witness statements by their very nature cannot be templated.

              The basis of a witness statement is https://www.justice.gov.uk/courts/pr...ess-statements

              Your statement will only include facts you know. IF you can't recall the parking event you'd say so. If you do and remember there were no signs you put that. You'd also put in that you got a letter of assignment and that it only assigned 87.5% to deal if indeed you got it. If you asked the Co-op if they had full knowledge of assignment and the replied saying no that would go in. Etc

              M1

              Comment


              • #8
                Re: DEAL Notice Of Proposed Allocation to Small Claims Track

                It's from the court by the look of it.

                Comment


                • #9
                  Re: DEAL Notice Of Proposed Allocation to Small Claims Track

                  Originally posted by Kelster View Post
                  It's from the court by the look of it.
                  You need to reply to each allegation in their claim. Any allegation in their claim that says either you were the driver or are responsible for the claim, you reply that you were not the driver and therefore not legally responsible for the claim as it is before the POFA legislation began. If you know where you were on that day, you can add that, but it's not necessary if you can't remember where you were. The onus of proof lies with the claimant, not you. When you get to court, you could get asked if you know you the driver was. If you get asked that, you simply answer honestly. If you don't remember you just say so. But you don't need to say who was driving in your written defence. You can stay silent on that point at that time.

                  Comment


                  • #10
                    Re: DEAL Notice Of Proposed Allocation to Small Claims Track

                    There's something wrong here.
                    The procedure is that the claimant (deal) issues a county court claim against the defendant (you).
                    You then have 14 days to file an acknowledgement of service.
                    You then have another 14 days to file a defence.
                    Once the defence is received, the claim becomes a defended claim and the court writes to both parties to say it's now a defended claim and the proposed track is listed. You get Form N180 directions questionnaire to specify your agreement to track and your preferred court for hearing.

                    In your case, if you haven't sent an acknowledgement of service or a defence, the claimant should have got judgment by default.

                    It just doesn't stack up. Does the paper you have received carry the circular stamp from the court at the upper right hand side, or is it just a photocopy from Deal?
                    I'd phone the county court business centre in Northampton, and ask them the status of the claim, quoting the claim number.

                    Comment

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