Notice of issue in road traffic accident claims

Published date21 March 2018
Subject MatterRoad Traffic Act personal injury forms
Notice of Issue
(Practice Direction 8B – Pre-Action
Protocol for Low Value Personal Injury
Claims in Road Traf‌f‌ic Accidents)
Name of court
Claim no.
Claimant
(including ref.)
Defendant
(including ref.)
Issue Fee
N209A Notice of Issue (Prac tice Direction 8B – Pre-Acti on Protocol for Low Value Personal Injury Claims in R oad Trac Accidents) (04.10) © Crown copyright 2010
Your Part 8 claim was issued on / /
The court sent it to the defendant by rst class post on / /
and it will be deemed served on / /
The defendant has until / / to reply.
Notes for guidance
Service of the claim form
The claim form must be served on the defendant within
4 months of the date of issue (6 months if you are serving
outside England and Wales). You may be able to extend
the time for serving the claim form but the application to
the court for such an extension must generally be made
before the 4 month or 6 month period expires.
Stay of proceedings only (paragraph 16.2 of Practice
Direction 8B)
where a stay has been granted:
• acopyoftheorderimposingthestaymustbeserved
with the claim form;
• wherethepartieshavecompliedwiththeRTA
Protocol but have been unable to reach agreement
and you now wish to start proceeding under Practice
Direction 8B you must make an application to lif t the
stay and request directions;
• whereyourclaimdoesnotcontinueundertheRTA
protocol and you wish to start proceedings under
Part 7, you must apply to the court to lift the stay and
request directions.
All other claims under Practice Direction 8B:
Replying to the claim form
• Thedefendantmustleanacknowledgmentof
service with the court within 14 days of service of the
claim form. At the same time, the defendant must
serve copies on you and all other parties;
• Thedefendantmaynotleanywrittenevidence-
except as provided in paragraph 8.2 and 11.3 of Pratice
Direction 8B.
The defendant may
• contestyourclaim;
• contesttheamountofdamages;
• contestanorderfordamages;
• disputethecourt’sjurisdiction.
• objecttoyourusingthisprocedureandsetouttheir
own reasons;
What happens next
The court le will be referred to a judge for directions
for determination of the claim on ling of the
acknowledgment of service, or on the expiry of time for
ling the acknowledgment of service.
Failure to reply
If an acknowledgment of service is not led, the
defendant may attend a hearing in the claim, but may not
take part at the hearing unless the cour t gives permission.
The court oce at is open between 10 am and 4 pm Monday to Friday. When corresponding with
the court, please address forms or le tters to the Court Manager and quote the claim number. Tel: Fax:
You must tell the court immediately if your claim is settled or discontinued.
Totheclaimant[’ssolicitor]
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