Claim Form - UK Car Park Management

Magnum0121

She phoned the court and was told that the "judge wanted the hearing to be heard in person" despite the form being signed agreeing for it to be heard on paper.

If this was for myself I would go to the hearing, but in these circumstances she does not want to attend which is understandable.
This whole thing has been incredibly stressful for her as it is and now that she's pregnant there's more at stake

Coupon-mad

Which court?

Magnum0121

Romford county court, where the hearing will be

Coupon-mad

The charge was issued to the car when I was in the process of moving out from the owned flat into a house. The flat is still owned by me but I have tenants renting it. There are no visitors bays or anywhere to temporarily park whilst attempting to unload belongings or shopping.

OK so the Defendant has a defence, using the Jopson case.

System

She phoned the court and was told that the "judge wanted the hearing to be heard in person" despite the form being signed agreeing for it to be heard on paper.

Very odd in that if she didn't phone the court, the message would not have been received. Are you sure there wasn't a misunderstanding. Was there an explicit request for her to attend or is this just an interpretation of the standard paragraphs.

[Deleted User]

This was why i recommended writing to the Court (as in the DJ him/herself).

I do wonder whether a court clerk has just looked at the file when the phone call was made, has noted the original direction which displaced a written hearing for the oral one and assumed that it is writ in stone.

A letter would allow the o/p's family member to perhaps enclose a GP letter* if the defendant can put together good medical reasons as supposed to the general concerns that most experience in going to court (if I can put it in those terms - i'm not making light of the issues).

*I have also assumed the GP is friendly and not wanting to charge you £50 for the letter!

System

With Johnersh on this one. It is not standard so requires some checking rather than a) dropping out or worse b) going along when they are not up to it.

Umkomaas

*I have also assumed the GP is friendly and not wanting to charge you £50 for the letter!

A bit like a friendly solicitor.

Magnum0121

Thanks for the comments.
I may be going down the route of representation on the defendants behalf to avoid her going to court, but to also get the best chance as being heard on paper may reduce the chances of a win.

Now at the WS stage...
I have printed off the full copy of the lease and the relevant case transcripts as mentioned.
Unfortunately cannot find the Excel v Mr B one!

We only have until next Thursday to submit the witness statement

nosferatu1001

Youd have to ask permission, as this is a reserved activity. SO you need to AS A MATTER OF URGENCY write to the court.
Dont delay on this. Do this now.