Appeal dismissed by IAS

Snakes_Belly

It is District Judge O'Brien that has proposed that the claim is dealt with on papers. Stafford County Court. I have got time to think this through.

Coupon-mad

I would not accept that. Staffs court is not known to be clued up.

Different if it was Skipton!

So write and state you object to the proposal to hear the case on the papers, and that as a litigant in person you have opted for the case to be heard at an oral hearing at your local Court which puts Excel at no disadvantage or extra cost at all, since they use third party reps such as Mr Pickup from Elms Legal, who travels to consumers' local courts all the time as their routine way in these robo-claims.

State that you wish to be able to question the Claimant's rep and expose the flaws in the claim and the lack of liability, and (unless the Claim has no merit, in which case it should be struck out) to decide to hear any parking fine case 'on the papers' unfairly tips the balance against the unrepresented party. A consumer's paperwork may not be as professional, but their oral argument is likely to be more compelling and comes from a truly honest witness, unlike the rep who has never even seen the car park in question and has a pile of photos and little else.

Link for you, not for the Judge, but you've no doubt read this one:

http://parking-prankster.blogspot.com/2016/11/mr-pickups-fun-day-out.html

Snakes_Belly

Thanks CM. Good to see you back on the forum.

Staffordshire possibly does not have the same level of parking issues as some areas.

It is possible that the DJ has a good idea of the way that the claim will be decided but I would not want to second guess the outcome. If I am there in person I have chance to influence the outcome. I also feel that the judge can assess what sort of person you are which cannot be done by papers.

Coupon-mad

It is good to be back!

I also feel that the judge can assess what sort of person you are which cannot be done by papers.

I agree.

Don't reply if you get a pm from anyone offering to assist you in court - name and shame them, if you get contacted...

Snakes_Belly

"Don't reply if you get a pm from anyone offering to assist you in court - name and shame them, if you get contacted... "

I won't reply to any offer of help by a random person.

Snakes_Belly

Update.

I have today received a letter from the court with a date for the hearing. It is well into the New Year. The hearing will be at my local court.

The court has suggested that I consider mediation. I don't see why I should pay anything when it was their equipment that was not in service. I have worked as a customer service manager and I would have been compensating the customer in similar circumstances.

They have also said that the Claimant must pay the court fee by a certain date (approximately a month before the hearing). If the Claimant does not pay the fee by this date the case will be dismissed and the defendant will be able to claim their costs.

I guess that I will have to start looking at the witness statement but the hearing is over three months away. I will post the outcome of the hearing whether good or bad as people have helped me on this forum so they deserve to know the result.

Snakes_Belly

Beamer, the letter from the court encourages me to use the mediation service. I think that the courts are now getting clogged up with the PPC's trying to push these cases through before any changes in the law as a result of Greg Knight's PMB. Mediation is a non-starter.

They have already suggested papers which I have declined. I now have a hearing date in around three months time but as yet no court fee has been paid by the PPC. They have got a nerve initiating a MCOL but not paying the fee.

beamerguy

Snakes_Belly wrote: »

Beamer, the letter from the court encourages me to use the mediation service. I think that the courts are now getting clogged up with the PPC's trying to push these cases through before any changes in the law as a result of Greg Knight's PMB.

They have already suggested papers which I have declined. I now have a hearing date in around three months time but as yet no court fee has been paid by the PPC. They have got a nerve initiating a MCOL but not paying the fee.

I think you are right. I hope the courts see what is going on and do something about it.

The new bill is a new code of practice and it is not clear how it would work for the dodgy legals ... if at all

nosferatu1001

Of course they havent paid the hearing fee. They had nothing to pay until the hearing date was announced, and gain nothing from paying it early. Nothing sinister or cheeky.

Think about it: if you settle now, before they pay the hearing fee, then you pay less as they havent incurred that cost.

Mediation is a waste of time.

Coupon-mad

The hearing fee is not the original claim fee that they HAVE paid. There are two court fees they have to pay during this process (princely sum of £25 each).

Mediation is a standard suggestion, not specifically for your case. And an ABSOLUTE NONO.

The NEWBIES thread tells you why not.

Come back and share your WS and evidence plans with us in good time, so we can help with those too.