Fine after 30seconds

jrc123

will do thanks for the help Le_Kirk

nosferatu1001

Indeed, an emai llikely wont be read, and you cant get it thrown out - youd have to make an application
A call might find that its stuck in a backlog somewhere
Make sure it is clear YOU have not got a copy of their WS

jrc123

morning all

So the claimant haven't paid the final £25 of the court trial fee so it may get struck out. It is meant to be Monday.

I have emailed the court many times to get them to do this but they are not the best at confirming this in clear writing.

Whilst I chase up

I wanted to write up my skeleton argument - but how can I write this if I haven't got the claimants Witness Statement?


What should I do?

thanks

Loadsofchildren123

Call the court up once more this afternoon and ask if the hearing is still in the list for Monday.


If it is, you have only one option, which is to turn up. Do a Skeleton and take it with you, and the costs schedule (see below).

If it isn't, you have two options
1. Accept that the matter is at an end, but email the court (and put in your email subject heading "urgent: hearing at x o'clock on Monday 14 August") to confirm that you have been told the hearing fee has not been paid and that the hearing is not in Monday's list.
2. Tell the court that you want 5 minutes before the judge on Monday to argue costs and because the court cannot confirm to you that the matter has been struck out.

I'd choose option 2 personally.

Skeleton can be very very short:

Current status of claim

x date: Order for service of witness evidence and documents by x date, order for payment of hearing fee by y date.
x date: C does not serve witness statement/documents. D does.
x date: C does not pay hearing fee. According to para x of order of x date, claim should be struck out.
x date: D telephones court and is told hearing fee not paid but cannot confirm that the matter has been or will be struck out.
x date: D telephones court again and is told the same
x date: D telephones court again and is told the same
10 August: D telephones court and is told..... (eg that hearing is still going ahead, or that hearing has been vacated but claim not struck out).


Defendant's case


D admits that he was driving on the relevant date, and that he drove onto the relevant land.
D denies that any contract was formed between him and C pursuant to which C can pursue him for a charge because he did not accept any offer made by C.


The facts: D drove onto the relevant land intending to park there. He noticed signs, which were too small to read from his vehicle. He pulled over at the nearest sign, left his car engine running and his car door open and walked over to read it. When he did so, he realised he could not park without incurring a charge. He immediately returned to his car and drove away. He was stopped for a total period of 130 seconds. The entire episode was observed by the C's operative, who took timed photographs of D leaving, and returning to, his car (see photographs at exhibit x of D's witness statement, provided to him by C in the pre-action phase).


D therefore did not accept the terms offered (if they were capable of amounting to a contractual offer).


C subscribes to a compulsory industry Code of Practice which obliges it to apply a "grace period" to the start of any period of "parking" and the purpose of this is to allow drivers to read the terms and conditions offered. The period of 130 seconds is clearly within such a grace period.


The claim has no basis and should be struck out.


Costs


D should be awarded his costs pursuant to Rule 27.14(2)(g), due to the C's unreasonable conduct.


The C has behaved unreasonably in the following ways:
1. It has been clear from the outset that D did not accept any contractual terms offered, C's own operative observed him stopping only to read the sign. [if you wrote to them about it, also include this: D also drew this to C's attention as early as [x date - date when you first told them]
2. The obligatory grace period required by its Code of Practice should have been applied
3. It must have been clear to C from the outset that no contract can have been entered into and this claim should never have been brought
4. Alternatively, C should have withdrawn its claim at an early stage. At no time did C bother to inform D or the court of a withdrawal. Instead, it has simply failed to file its evidence or to pay the hearing fee. In contrast, D has gone to significant efforts to comply with all orders and to draft and file his defence and evidence on time - he is a litigant in person and English is not his native language [is it?] and defending it has taken him a considerable time and caused him significant inconvenience.


The court is asked to dismiss the claim and make an order for costs in the amount set out in the costs schedule attached.

Loadsofchildren123

If you get there on Monday and are told there is no hearing, explain that you were told on Friday afternoon the hearing was going ahead, hand in your Skeleton and ask for 5 minutes before the judge.


Then go before the judge and ask him if he will read your skeleton, or does he want you to take him through it (or her!). Do whatever the judge decides - if he wants you to take him through it, essentially you can just read it out but add some embellishments if you want.


Skim over the fact that you actually said at first that you were ill.


If the judge notices that you said two conflicting things he is very unlikely to give you costs.


You're unlikely to get costs anyway, but it's worth a shot. Get that costs schedule done!

jrc123

HI LOC

I called the court and they said it wont be listed for a hearing as it's struck out.

Should I go up there or not still?

I want to argue my costs for everything - all the time it took me.

What shall I do?

thanks

KeithP

jrc123 wrote: »

What shall I do?

It's really very simple - re-read post #275.

jrc123

it has now been struck out I just got off the phone from the court.

What can I do to put on file incase they re-do it all over again?!

Any advice?

Loadsofchildren123

If you want to go for your costs, it's option 2 in post 275.
Call the court NOW and ask for 5 minutes before the judge on costs on Monday morning.
Leave the skeleton as I've drafted it, but include
10 August: D informed when he telephoned the court that the claim has been struck out.


Then leave the rest in.


You'd just be going to argue for your costs. You must do the costs schedule.


You may decide now it's over that you don't want to bother, that's up to you.

jrc123

I called the court and they said I cant have time in front of the judge unless I log a N244 form which costs £55?!