DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 43184--------------------------------------------------
Re: Received two PCNs from April 2023 with legal and court fees
on top but this is the first time I
DIR By: bz.08
Date: October 30, 2024, 12:57 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> The limit is 25 pages/50 sides. As long as they have accepted
the bundle and you received an auto response email from the CNBC
when you sent it, that is all done.
>
> There is no timeline. The case management judge will look at
the bundles and either order something, such as the request in
the WS for the Claimant to provide answers to all the questions
asked that have not been answered as required by CPR 16.4 or may
simply throw the case out or require everyone to attend the
hearing and face the consequences of their actions. How long is
a piece of string?
>
> If it is chucked out before a hearing, it won't be a surprise
as Gladstones have a habit of irritating judges with their bulk
litigation failures. We'll see.
>
--- End Quote ---
Hi,
Just following up on this case. It is scheduled for court for
the 13th of November. I got an email today from the county court
reminding me of the date & time as well as stating the below:
--- Quote ---
> In order to manage Court time and resources efficiently please
confirm if this case is going to be effective or whether the
parties will be settling/ have come to an agreement as soon as
possible and preferably 48 hours before the hearing.
>
> If you plan to seek an adjournment, please do so as soon as
possible and preferably 48 hours before the hearing.
>
> Please note the following:
>
> This case will be listed in a "back to back" list. These lists
are designed to clear a large amount of small claims hearings by
arranging a number of cases in a single list to be heard by one
of up to 6 District Judges. Court staff are unable to inform you
of the Judge or the exact time of the hearing. You should be
available at the time shown on your hearing notice. Any queries
over the listing of the case, orders from the hearing or
applications to adjourn should be made to this Court. In
addition to this any applications that are received later than 5
working days before the hearing will be extremely difficult to
refer to a Judge for approval due to the busy nature of the
hearing lists. On these occasions the application will be put on
the file to be dealt with at the hearing. If you do not receive
a response to your application before the hearing it will denote
that the case remains in the list. Court staff are not legally
trained and cannot give advice as to whether you should attend
your hearing or not
--- End Quote ---
I haven't heard anything from the legal representatives of the
claimant since end of August when they stated they would not be
attending the hearing itself. The claimant had until mid October
to pay the £85 trial fee or the claim is struck out, so given
that I received this email from the county court, I guess the
claimant did indeed pay this?
Any tips/advice or just overall thoughts on the situation? I've
never been in a county court (or any court for that matter) so
not sure what exactly I should prep for. Should I even attend
given that the claimant are not attending?
Thanks again!
#Post#: 43187--------------------------------------------------
Re: Received two PCNs from April 2023 with legal and court fees
on top but this is the first time I am hearing about thi
DIR By: DWMB2
Date: October 30, 2024, 1:30 pm
---------------------------------------------------------
You should turn up. If they don't bother, all the better for
you. You might not end up saying much, but by turning up, the
judge has the opportunity to ask questions if there are any
points about which he is not clear.
Additionally, if you have specifically requested a hearing in
person (which it sounds like you have if it has been listed for
a hearing), then a judge may take a dim view of you subsequently
not turning up.
#Post#: 43226--------------------------------------------------
Re: Received two PCNs from April 2023 with legal and court fees
on top but this is the first time I am hearing about thi
DIR By: b789
Date: October 30, 2024, 6:25 pm
---------------------------------------------------------
When they say they won’t be attending, it doesn’t mean they
won’t have an advocate there. They will have a local jobbing
legal rep. They will have little idea about the case and will
probably only have received the bundle the day before or even on
the day.
You will be in a very strong position as you know all the facts
and you have your WS. Their rep may try to take you to one side
while you’re waiting for you hearing. Don’t let them try and
persuade you that you should settle. Politely decline.
When you go, make sure you take a spare paper copy of your WS.
It’s not uncommon for the rep to say they have not received a
copy of your WS to try and delay proceedings. Being able to
produce a spare is a good move.
It will be worth your while to call the court tomorrow and check
that they have paid the trial fee. Again, not unusual for them
to have failed to do so or even discontinued and not informed
you.
As for what is likely to happen on the day, of it is still going
ahead, have look at this short video of the process:
HTML https://youtu.be/n93eoaxhzpU
Make sure that you remember to ask for your costs at the end
when you win.
#Post#: 43279--------------------------------------------------
Re: Received two PCNs from April 2023 with legal and court fees
on top but this is the first time I am hearing about thi
DIR By: bz.08
Date: October 31, 2024, 7:32 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> When they say they won’t be attending, it doesn’t mean they
won’t have an advocate there. They will have a local jobbing
legal rep. They will have little idea about the case and will
probably only have received the bundle the day before or even on
the day.
>
> You will be in a very strong position as you know all the
facts and you have your WS. Their rep may try to take you to one
side while you’re waiting for you hearing. Don’t let them try
and persuade you that you should settle. Politely decline.
>
> When you go, make sure you take a spare paper copy of your WS.
It’s not uncommon for the rep to say they have not received a
copy of your WS to try and delay proceedings. Being able to
produce a spare is a good move.
>
> It will be worth your while to call the court tomorrow and
check that they have paid the trial fee. Again, not unusual for
them to have failed to do so or even discontinued and not
informed you.
>
> As for what is likely to happen on the day, of it is still
going ahead, have look at this short video of the process:
>
>
HTML https://youtu.be/n93eoaxhzpU
>
> Make sure that you remember to ask for your costs at the end
when you win.
>
--- End Quote ---
Thanks a lot, I will bear all the above in mind. I called the
court and they confirmed the fee was paid.
With regards to costs, I assume this will mostly just be
travel/meal costs on the day? Can I realistically stretch it
further and claim my salary pro-rata'd by the number of hours
I've spent on this entire process (since the initial claim form
came in)?
#Post#: 43301--------------------------------------------------
Re: Received two PCNs from April 2023 with legal and court fees
on top but this is the first time I am hearing about thi
DIR By: b789
Date: October 31, 2024, 8:31 am
---------------------------------------------------------
You can claim up to £95 for attendance and any travel costs. If
the judge agrees that the claimant has acted unreasonably, you
can claim additional costs. So, you may as well prepare a costs
list of your time spent on this at £19/hour plus any
incidentals.
You may also want to take a crib sheet of all the main points
you want to bring up at the hearing. Especially the Preliminary
Matter, that you should ask the judge to consider before the
rest of the WS. Also, a point to remind you to ask for costs
when you win.
Remember, you must study your WS and commit as much of it to
memory as you can. Know all the main points as in the
subheadings.
#Post#: 43302--------------------------------------------------
Re: Received two PCNs from April 2023 with legal and court fees
on top but this is the first time I am hearing about thi
DIR By: DWMB2
Date: October 31, 2024, 8:35 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> If the judge agrees that the claimant has acted unreasonably,
you can claim additional costs. So, you may as well prepare a
costs list of your time spent on this at £19/hour plus any
incidentals.
>
--- End Quote ---
Costs are generally very limited in the small claims track, as
b789 highlights (this works both ways, so also serves as a bit
of protection for you, in that you won't be required to pay
eye-watering legal fees if you were unlucky enough to lose). The
bar for 'unreasonable' behaviour is high, so you'd be lucky to
get costs for your time, but there's little harm in asking,
although you may want to briefly consider why you believe their
behaviour to be unreasonable, so that you can articulate this.
#Post#: 43309--------------------------------------------------
Re: Received two PCNs from April 2023 with legal and court fees
on top but this is the first time I am hearing about thi
DIR By: b789
Date: October 31, 2024, 8:53 am
---------------------------------------------------------
There are a couple of points in the WS that mention the
claimants unreasonable behaviour. They include failing to comply
with CPR 16.4 (the preliminary matter), "Offensive and Baseless
Allegation Regarding My Ability to Understand CPR and Legal
Issues" and "Claimant’s Assertion Regarding My Defence".
#Post#: 45435--------------------------------------------------
Re: Received two PCNs from April 2023 with legal and court fees
on top but this is the first time I am hearing about thi
DIR By: bz.08
Date: November 13, 2024, 7:35 am
---------------------------------------------------------
Hi all,
As an update, I attended the court case this morning. The legal
firm didn't send any representatives so it was just me and the
judge. The judge gave me a few minutes to give a summary of my
defence then took 30 mins to consider the case whilst I sat
outside. I was invited back in and the judge told me he struck
out the case and gave his rationale. His rationale focused on
the fact the PoC was deficient and the fact the contract
provided in the claimant's WS was not valid (based on evidence I
submitted in my WS).
I asked for £95 attendance costs and he granted this but as for
the other costs (time spent on this matter that I had broken
down into sections), he did not agree that the claimants behaved
unreasonably. Also, not sure if I missed this but to claim other
costs he said a statement of costs should have been filed so
even if he agreed the claimaint was unreasonable he could not
award them without this.
Overall, I think I could have articulated my defence better but
a result is a result!
Thanks for all the help. :)
#Post#: 45437--------------------------------------------------
Re: Received two PCNs from April 2023 with legal and court fees
on top but this is the first time I am hearing about thi
DIR By: DWMB2
Date: November 13, 2024, 7:46 am
---------------------------------------------------------
Wonderful - an excellent result, well done. You clearly
articulated yourself well enough to secure a win.
#Post#: 45445--------------------------------------------------
Re: Received two PCNs from April 2023 with legal and court fees
on top but this is the first time I am hearing about thi
DIR By: b789
Date: November 13, 2024, 8:33 am
---------------------------------------------------------
A win is a win. Well done for persevering.
Regarding the judgment, on what aspect of the contract did the
judge find that it was not valid? Was there any mention of the
redactions? Was there mention of the different entities that had
signed the contract and whether it flowed from the landowner?
Did the judge make any other comments about the case or the
presentation of it?
*****************************************************
Page 5 of 6
DIR Previous Page
DIR Next Page