Court Claim Procedure point 5

Coupon-mad

H_brogab wrote: »

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

http://forums.moneysavingexpert.com/showthread.php?p=72130807#post72130807

H_brogab

Many thanks for that coupon-mad, I'll print it and take it with me.

I've been in touch with the court and gladstones submitted their ws 7 days ago so that have submitted it late, my case seems to be following gin and milks almost exactly and I know now what a roller coaster ride it was for her, the funny thing is that I knew all along that she was going to win, almost a foregone conclusion, now it's my turn it's a pity I can't have the same confidence.
Anyway I sent the same document

"Re: County Court Claim XXXXXX
XXXXX (Defendant) v Euro Parking Services LTD (Claimant)

The case is due to be heard in XXXXX County Court on 1st March 2017. In accordance with the Notice of Allocation, the Defendant submitted all documentation as required within the fourteen day time period prior to the hearing. However, the Defendant wishes to make it known that as of the 28th Februaryy 2017, no Witness Statement or any other documentation has been received from the Claimant’s solicitors (Gladstones), despite point 6 in the Notice clearly stating: ‘Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.’

Submitting a Witness Statement after the deadline is a well known tactic used by Gladstones Solicitors, and the Defendant has legitimate cause to believe that this is a deliberate attempt to put the Defendant at a clear disadvantage by not allowing them sufficient time to prepare for the hearing. The Defendant is also concerned that this may also be an attempt by Gladstones to re-plead the case, which at best, would be extremely unfair and incur further costs.

The Defendant respectfully asks that this letter be placed on record and be given any due consideration as the Judge may see fit.

With kind regards
XXXXXX (Defendant)
28th February 2017"

that she sent, had to do it by email as there's no way I can get to court today, they said they don't have fax and to email it. It feels like I'm going to the electric chair and one by one my appeals are failing.
Any last words to the condemned?

Coupon-mad

I don't think your defence points are failing - you just have to hope for a good Judge as it can be a lottery.

Kind_Of_Irritated

Would you like a last meal. That b****y PPC on toast? :beer:

Loadsofchildren123

Good luck.


don't rush, take your time. Write a list down tonight of the points you wish to make in turn:


1. Strikeout - can you print out the relevant CPR and take it with you?
2. If that fails, adjournment because of late/non-service of the Statement.
3. Rights of audience if 1 and 2 fail.
4. If those fail, the case proceeds. They go first as it's their case. You respond. Run through your defence, strongest points first. Then answer any additional points made by them (jot these down as they are speaking).
Remember: burden of proof is on the Claimant. If all else fails, have they satisfied that burden?
5. Costs for unreasonable behaviour Rule 27.14- £19 per hour as a litigant in person plus the loss of earnings (this is in a Practice Direction but can't remember the number)

Loadsofchildren123

Do not assume the judges know the rules. Print out the relevant ones and take them with you if you can - or note down which rule it is and what it says (judge will have a book in the court with the rules in it)

H_brogab

Many thanks for that, the numbered list is very useful, I will print it and work from that tomorrow. Just got in from work and have to be up at 6am ready fro this, will look at printing the cpr rules off before I leave in the morning. Which rules are important for me tomorrow?

Kind_Of_Irritated

:kisses3: Best of luck, H_brogab. Go get 'em.

Loadsofchildren123

Rule 27.14 (I think it's (2)(g)) - this says you can claim costs if they behaved unreasonably. Think about examples of their unreasonable behaviour - breaches of the practice direction on pre-action conduct, them ignoring correspondence, their defective particulars of claim and attempt to amend them in the witness statement etc.

The Practice Direction - Pre-Action Conduct and protocols - highlight paras 3, 6, 11-15.

the rule about strikeout - I think it's rule 3.4. And practice direction 3A

The rule about summary judgment - if they haven't made any effort to prove their claim you could ask for summary judgment as an alternative to strikeout, this is in rule 24.

The practice direction(s) which accompany each rule usually contain relevant stuff so best to print out both.

Loadsofchildren123

Also the part of practice direction 27 that says you can claim loss of earnings (paraa 7.3)

rule 46.3 is the one that allows £19 per hour for a litigant in person

Have a look at the last paragraph on this link -

http://www.atjf.org.uk/litigant-in-person-costs.html

If you can show your loss is more than £19 per hour you could claim more (eg if you are paid £50 per hour in your job and took days off work to do the legal work).