another civil enforcemnt ltd court claim

Coupon-mad

Dig out the Order from your local court that set this hearing date.

What does it say?

atmahifood

"TAKE NOTICE that the preliminary hearing will take place on

at the county court at xxxxxx full address

30 minutes has been allowed for the hearing

please note: this case may be released to another judge, possibly at a different court".

the letter i have received from court does not mention about witness statement, just says i have a preliminary hearing on xx october.

Coupon-mad

preliminary hearing

What does it say the preliminary hearing is for? At the top it will say something like,

Judge xxxxx, sitting at xxxx court, having read the submissions from the Claimant/Defendant...blah blah...

What does that say in full, does he/she want to check an issue about the claim or the Defence?

And on the back, or further down, does it say both parties must do something not later than 14 days before...'?

atmahifood

hi coupan mad,

the notice just says i have preliminary hearing on 19 october, no mention of witness statement or any other instructions, i have uploaded the notice below, really confused!!, don't remember anyone here who have had premilinary hearing for parking fine, i thought these happened on criminal cases???, i have not submitted the witness statement. what can i expect at prem hearing?

http://oi66.tinypic.com/2gv313p.jpg

System

See the Practice Directions on this matter

Preliminary hearing
27.6

(1) The court may hold a preliminary hearing for the consideration of the claim, but only –

(a) where –

(i) it considers that special directions, as defined in rule 27.4, are needed to ensure a fair hearing; and

(ii) it appears necessary for a party to attend at court to ensure that he understands what he must do to comply with the special directions; or

(b) to enable it to dispose of the claim on the basis that one or other of the parties has no real prospect of success at a final hearing; or

(c) to enable it to strike out(GL) a statement of case or part of a statement of case on the basis that the statement of case, or the part to be struck out, discloses no reasonable grounds for bringing or defending the claim.

(2) When considering whether or not to hold a preliminary hearing, the court must have regard to the desirability of limiting the expense to the parties of attending court.

(3) Where the court decides to hold a preliminary hearing, it will give the parties at least 14 days’ notice of the date of the hearing.

(4) The court may treat the preliminary hearing as the final hearing of the claim if all the parties agree.

(5) At or after the preliminary hearing the court will–

(a) fix the date of the final hearing (if it has not been fixed already) and give the parties at least 21 days’ notice of the date fixed unless the parties agree to accept less notice;

(b) inform them of the amount of time allowed for the final hearing; and

(c) give any appropriate directions.

It may be that this court is trying to weed out dodgy claims or dodgy defendants. You need to go prepared in case you are under the spotlight.

atmahifood

update: the preliminary hearing was held today, cel did not attend the hearing, the claim was struck off, judge said that cel can still request reinstatement of the case, i asked for the cost around £70 for transport and missed work, these costs were noted by the judge.

my question is how likely is that cel will reinstate the case now that i am claiming the cost as well, will that motivate them to come back?? has that happened before and how long have they got to do that?