county court - old address

hassony77

I have a court date for this now (the 21st of August)

quick question, the defendant is my wife, as she is owner of the car, but she is adamant that she doesn't want to go to court

will it be fine for me to attend on her behalf, do I need to inform the court earlier that I will be attending?

thanks

System

will it be fine for me to attend on her behalf, do I need to inform the court earlier that I will be attending?

No you cannot go without her. You can hire an advocate to go in her place in the same way as the parking company hires advocates. Or you can default to a papers only hearing**

** As this is CEL expect a discontinuance about 14 days out. You can decide on the other options up to 7 days out so it is sit on your hands for the moment.

[Deleted User]

This is rock bottom pricing, but unlike the claimants crew, barristers at clerksroom are fully qualified...

https://www.clerksroom.com/content-html?cid=548

It may be difficult to recover the cost, but possibly better £200 on fees than to a PPC. That depends on your outlook....

H

hassony77

IamEmanresu wrote: »

No you cannot go without her. You can hire an advocate to go in her place in the same way as the parking company hires advocates. Or you can default to a papers only hearing**

** As this is CEL expect a discontinuance about 14 days out. You can decide on the other options up to 7 days out so it is sit on your hands for the moment.

Thanks

How do I default to a papers only hearing now?

according to the court claims procedure thread, I should be at this stage

5. The case file will then be transferred to your local County Court, and you will eventually receive a Notice of Allocation, giving you a date and time for the hearing. It will also specify a deadline for you to submit a Witness Statement, and any other documents you intend to rely on, usually 14 days before the hearing but sometimes earlier than that. Your Witness Statement can expand upon the points made in your original Defence, and must start with the following "I, Joe Bloggs, of 23 Acacia Avenue, Anytown, AN1 2BC, am the Defendant in this matter, and will say as follows". You should attach to your Witness Statement any evidence to support your assertions, eg photos of signage, etc. Optionally, you may also want to include a Skeleton Argument to flesh out the legal points, or you could include those as part of your Witness Statement.




but the notice of allocation didn't really give me any details on how I should send the statement/ witness statements....etc

should I contact the court to see if there is something missing from the letter they have send me, or should I prepare the statements and post it to them?

[Deleted User]

It's all in the court rules. Google is your friend - this part (unlike other bits) is helpfully fairly straightforward.

Non-attendance of parties at a final hearing
27.9

(1) If a party who does not attend a final hearing:

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that partys statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not:

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out the claim.

(3) If:

(a) a defendant does not:

(i) attend the hearing; or

(ii) give the notice referred to in paragraph; and

(b) the claimant either:

(i) does attend the hearing; or

(ii) gives the notice referred to in paragraph (1),

the court may decide the claim on the basis of the evidence of the claimant alone.

(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim.

nosferatu1001

In your hearing date it absolutely WILL give a deadline by which all documents must be served on both parties. It WILL say this, no doubts

Just read very carefully
As said, usual form is for CEL to discotninue BEFORE they have to pay the hearing fee. This is usually BEFORE the WS deadline, I believe.

KeithP

Have you seen this video:

www.youtube.com/watch?v=n93eoaxhzpU

hassony77

nosferatu1001 wrote: »

In your hearing date it absolutely WILL give a deadline by which all documents must be served on both parties. It WILL say this, no doubts

Just read very carefully
As said, usual form is for CEL to discotninue BEFORE they have to pay the hearing fee. This is usually BEFORE the WS deadline, I believe.

Thanks

from what I can see, the trial date is the 17th of August

they have to pay the fee by the 3rd of August

the only other thing I see that any applications to the court has to be done 5 working days before the date of the trial, I'm taking it that means I can send the witness statements/ photos (and a request that it's a paper hearing) to the court by the 10th of August

hassony77

Quick question, how do I know if CEL paid the court fees? can I contact the court and ask? or will i get notified that it's been discontinued?

thanks

System

can I contact the court and ask?

You do this