Request for popla refused despite quoting legislation, what to do now?

Gin_and_Milk

I thought that might be the case and I've never heard of PBA either. I know computer systems do go down, but I wouldn't have thought a system for a county court would have problems for so long.
Might it be worth emailing MB to ask if they've paid or shall I leave them be?
Thanks

Fruitcake

If you have the time it might be worth trawling the Parking-Pranksters blogs to find other cases where the defendant has not received the witness statement etcetera as required. You can then actually list the court cases to the judge to show this is a common tactic, not just a one off, or heresy.

Gin_and_Milk

Thanks Fruitcake, I'll do that now.

Gin_and_Milk

Hi
I called into the court yesterday as I was in the area. The clerk I spoke to confirmed that payment had been received (but didn't say the date).

I explained that my husband spoke to a member of staff last week who informed him that we wouldn't receive a WS statement from GS and that the court wouldn't expect one either. However the clerk I spoke to said that we should have received one, and that we should mention this to the judge next week. She also said that they are in arrears with processing WS, so couldn't confirm whether or not they had received their copy. Like me, she thought it likely that if we hadn't received one then it was quite likely they hadn't received their's either.

Now she did suggest I phone GS, which I'm not prepared to do. I did wonder about emailing them, but I'm concerned this will 'jog their memory' and I'll end up with a WS on Saturday or Monday and I simply won't have time to prepare anything before the hearing.

Considering I hand delivered a letter to the court the other week about the WS being late, do I leave GS alone, or do I email them and see what they come back at me with?

Is there a possibility that the judge will write the whole thing off on Tuesday if we haven't received our WS, or is it likely he will proceed without one anyway? I know it depends on the judge etc, but nerves are starting to set in now as it's only a few days away.

thanks

Coupon-mad

Considering I hand delivered a letter to the court the other week about the WS being late, do I leave GS alone, or do I email them and see what they come back at me with?

Stay schtum!

Is there a possibility that the judge will write the whole thing off on Tuesday if we haven't received our WS, or is it likely he will proceed without one anyway?

Either is a possibility. The Parking Prankster has blogged about both, and a third possibility, of the Judge wanting to allow the Claimant to adjourn to have the chance to send some evidence or other.

Some Judges reportedly seem keen to allow the claimant some slack, viewing them as the 'innocent party'. Disabuse the Judge of that idea, gain the moral high ground!

If that happens and the Judge is veering to adjourning, don't agree, QUIETLY BUT CLEARLY, OBJECT. You are an unrepresented couple, put to huge stress and trouble to fight this monster for months for no wrongdoing at all and you have specially travelled to court to put this harassment behind you today and you have faith in the court system. And point out that you managed to comply with the court directions despite being completely unfamiliar with it all, whereas this is a company issuing claims like confetti, pretty much all cut & paste, and yet they can't be bothered to respect the court (and your rights as a consumer) and abide by deadlines.

So if a WS is attempted to be foisted on you on the day, let it drop to the floor and refuse, both be ready not to pick it up or take it from someone's hands who might not explain who they are or what they are giving you.

Raise that procedural issue first with the Judge, if they turn up...because they might not! If the case is adjourned despite your protests, have your husband's costs schedule in your hand to give straight to the Judge to claim costs against the other side (your husband as defendant has the call on costs really, e.g. any missed wages or loss of leave, plus travel and parking costs of course).

And add your own costs to the sheet for good measure, as his lay rep, you never know, your costs can be covered as well if the Judge believes the firm has been wholly unreasonable and vexatious throughout. You can claim costs if you win and/or if the hearing is adjourned for the other side to get its act together.

Don't argue, just state things calmly all the time - I think that's why you are speaking instead of your OH, isn't it?!

Gin_and_Milk

Thanks Coupon Mad, when in doubt say nowt it is!
I've told my husband he'll probably have to confirm his details and that I have to make it clear that I am his lay rep, therefore my husband is aware I will be doing the bulk of the talking.

I really hope the judge doesn't try to adjourn and cut the claimant any slack. Given that the court is behind with other things I'm guessing that's unlikely, but you never know. I will however make it clear that we have followed the court's instructions to the letter despite having no legal background ourselves, and point 6 is explicit that each party must receive the other party's WS at least 14 days before the hearing date.

Gin_and_Milk

Morning!
Over the weekend I'll be doing even more scanning and copying in order to prepare for Tuesday.

I also want to make a list of costs. I can't claim for time off work because my husband is the defendant and he had to retire on ill health, but I'm not sure what I can claim for and how much. On the list so far I've got:

Mileage
Printing costs for everything I've had to print myself
Parking (!)

Can I claim anything for 'research time'? As you're all aware I've spent hours on this.

But how much can I charge for the above? I know for work my employer pays me 45p per mile, so would it be ok to put this? I have absolutely no idea how much I can charge for printing costs though. I don't want to sell myself short, but I don't want the judge to think I'm being greedy either.

Should I also print a copy of costs for GS as well, or is it just for the court?

Thanks

Umkomaas

45p per mile I've seen a number of times in reported cost orders.

Calculate cost of paper used/printer ink/envelopes/stamps - but £3 - £5 are figures I've previously seen. I wouldn't go over the top on this.

The litigant-in-person rate is £19 per hour. 4-5 hours seems to be used (even though you've spent probably 10 times that). My only question would be 'are you entitled to claim your research costs' doing this on behalf of your husband rather than your husband himself? I genuinely don't know, but just throw that out for others to comment on.

You could put it in as your husband's own research costs (wing it) but I wouldn't like him to come unstuck with a grouchy DJ who's just got out of the wrong side of bed. Or you could put it out to the DJ that because of your husband's ill-health you have had to do all this for him? See what others think.

Gin_and_Milk

Thanks Umkomaas.

I could do with knowing about whether or not I'm allowed to claim research costs, that amount would be really useful, but like you say a grumpy judge could well make me regret that and I suppose the most important thing is winning the actual case. Anything else is a welcome bonus!

So...45p per mile works out at just under £3 so far!
I'd also forgotten about postage costs, fortunately I've kept all the receipts.

Coupon-mad

You should write down your loss of salary or loss of leave anyway as lay rep, in case the Judge allows it if he/she believes the other side has acted unreasonably and vexatiously.

Research time at £19 per hour you could list but it's rarely allowed. Not saying not to put it there though, you've both been put to considerable trouble.