Author Topic: Horizon Parking Limited - Claim Form Received - Provident Square Chelmsford  (Read 6456 times)

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Re: Horizon Parking Limited - Claim Form Received - Provident Square Chelmsford
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Company owned

Re: Horizon Parking Limited - Claim Form Received - Provident Square Chelmsford
« Reply #16 on: »
Any assistance on the way the defence needs to be drafted is greatly appreciated.

Hi All,

Does anyone think that there is a chance of winning this?

Also, if it goes to court would I (third party) be allowed to attend and speak or would that be limited to the two employees of the business? It's my understanding that in cases of companies even if they are tiny the court expects a solicitor to be hired but is that mandatory as a defendant?

Any chance we can see the original PCN please?

There could well be no path to liability.

Unfortunately they threw the original away. I've been informed that they wouldn't need to provide it as the keeper is a business.

Hi All,

I assisted the defendant with their defence but the claimant/lawyers still want to go ahead to trial but have offered mediation in their latest correspondence?

Would it be worth going down the mediation route given that the claimant did make a purchase at the shop and can provide proof of this.


If you have submitted a N180 form, then read it again, you will see that mediation is a mandatory part of the process. Usual advice is to offer £0 to settle and that’s it. Search the forum for “mediation”.

Thank you for that. I will look through the forum.

Does anyone know the likelihood that a matter like this will actually go to court?

Given the defendant is a company will I be able to assist them in court? I saw on the forum that the The Lay Representatives (Rights of Audience) Order 1999 was mentioned but I am not sure if it applies to companies.

Hi Everyone,

I wanted to ask.

The claimant solicitors mailed a blank directions questionnaire to the defendant and I informed the court and the claimants solicitors of this. On the phone the court staff said the claimant does not have to send the defendant this document but the PD state otherwise.

The claimant solicitor have provided a completed one now but this does not seem equitable. The defendant had to submit their paperwork without seeing what options the claimant chose on the directions questionnaire. Is that right?

I don’t see what particular disadvantage accrues to the defendant by not seeing the claimant’s DQ, it’s only a list of preferences and contact details and in any case some of the preferences are overridden by the defendant’s.
It’s worth noting as a general sign of incompetence I guess.
Court staff are generally not to be trusted unless it’s in writing, and as far as I’m aware they’re wrong in this particular case.
The N180 form itself states
Quote
Once you have completed this form, please return it to the court at the address shown on the form N149A Notice of proposed allocation to Small Claims Track.
You must also send a copy of this form (N180 Directions questionnaire) to each of the other parties in this case.
So you were told complete rubbish, weren’t you?
« Last Edit: Today at 11:53:28 am by jfollows »
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Given the defendant is a company will I be able to assist them in court?
What is your relationship to the company? A company cannot turn up itself, it not being a person. In the County Court small claims track, as I understand it a director or employee of the said company can appear on the part of a company (although the vast majority of my experience is with cases involving individuals).


Quote
Given the defendant is a company will I be able to assist them in court?
What is your relationship to the company? A company cannot turn up itself, it not being a person. In the County Court small claims track, as I understand it a director or employee of the said company can appear on the part of a company (although the vast majority of my experience is with cases involving individuals).

Employee of the company so that means it should be fine, perfect. Thank you!

It might be wise to have some sort of signed authority from the said company (i.e. from a director) stating your authority to appear on the company's behalf.