Court Claim Procedure point 5

H_brogab

Starting to twitch now, my case is this week.
Everything was emailed to gladstones, they have not sent me anything

I have printed these articles...
http://nebula.wsimg.com/c269da31b314e7cc17e383a625b5ae23?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1
http://nebula.wsimg.com/f6d657adf7df70d27e1dd285688b5701?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1
http://www.barcouncil.org.uk/media/404046/solicitor_s_agents.pdf

and will read through them, but Im unsure how to question the right of audience of whoever turns up, any advice?

System

they have not sent me anything

Call the court to ask if they have received anything in case your copy got "lost".

Sounds like they are going to discontinue at the last moment so you may want to decide if you want to go along to ask for costs under 27.14(g)

H_brogab

I will call the court first thing in the morning, case is due to be heard on Wednesday, how will I know if they discontinue?

Coupon-mad

H_brogab wrote: »

and will read through them, but Im unsure how to question the right of audience of whoever turns up, any advice?

Already covered two days ago (I am not legally trained but this link shows what I would envisage a lay person could say):

https://forums.moneysavingexpert.com/discussion/comment/72152807#Comment_72152807

HTH

H_brogab

Ok Ive printed that and am armed with it.


I have spoken to the court and they say they have received gladstones witness statement so it looks like its going ahead. Don't know wjether to be worried or excited.

System

they say they have received gladstones witness statement

But you didn't get one. Tell the court you did not receive one and when you get there ask for an adjournment so you can consider the details. Tell the judge that you feel they have been exploiting the system by sending one to the court and not to you. If they claim to have sent it, ask them to produce a proof of posting. They'd do the same to you.

H_brogab

Ok, Im making a list of things I need to say when we get there, should I go for the strike out first or the adjournment?

Coupon-mad

Strike out - not adjournment at all - why would you want an adjournment and another waste of your time?

Take along a pre-typed costs schedule like this; if you win, you can claim your costs to attend court (loss of leave or salary & travel/parking) but must be prepared & ask on the day:

https://forums.moneysavingexpert.com/discussion/comment/72079752#Comment_72079752

Make sure you note the part of the CPR that allows 'loss of leave' in case your Judge doesn't know you can claim for loss of leave (yep we've seen Judges refuse that before). And take a wage slip or proof of the wasted cost of a lost day's (or half a day's) work.

H_brogab

I have done the expenses form, will submit that if it goes my way, just need to find the CPR rule.

1st thing is ask about their absent WS and if they claim they sent it ask for proof of postage, if that doesn't work question their reps right of audience and hand the judge the article from the Law Gazette.

This seems to be following the pattern that Gin&Milk had.

H_brogab

Im going to admit now its not ukcpm taking me to court its euro parking services, don't suppose that makes much difference but I didn't want them reading the forum and knowing who I was, having been reading around it doesn't seem to make much difference.
Ive just read a thread where someone was taken to court by these people and the judge threw out pofa defence as he got the defendant to tell him under oath if he was the driver, he also said signage was clear so Im starting to worry again now as that's the crux of my defence.