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UKCPM - All appeals must be done by postal?

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Comments

  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 April 2020 at 12:00PM
    Write back to the court insisting on a face to face hearing, even if it takes place after the Olympic games.  There are so many disadvantages in agreeing to paper/telephone hearings.  There is no need to mention abuse of process.  

    Have you complained to your MP?
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    IMO, this is going to create chaos with the courts as thousands of these letters will be going out

    Heard on papers cannot be suitable as you simply don't know who will be reading them let alone if the they the knowledge of the parking scam.  Will your defence be skim read, with so many going on, I suspect that will be the case

    Video can only work if all users have professional equipment. Skype can freeze and Zoom is being investigated for corrupt files.   Then you have bad internet connections and freezing.   It's not workable

    Phone could only work with a 3 way conversation and the vast majority of people would not know how to set up the likes of a conference call.  Will there be someone from the court available for instructions

    You have a hearing impairment, so none of the above would be suitable.  You need to advise the court

    As far as Gladstones are concerned they will have the same problems. Given the fatalities they experience, they will never know if the judge is up to speed on their fake £60 claims

    Write to Gladstones with a "drop hands" offer for them to discontinue and bear their own costs and you in turn will not claim costs against them. Advise them that you will require a face to face hearing for the judge to determine the unlawful costs they apply and then there is the matter of the new Civil Procedure rules which come into force tomorrow, the 6th April 2020 which say ....
    For witness statements, the statement of truth’s wording will be as follows:
    I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

    Gladstones would be well advised to discontinue 
  • iWindmill
    iWindmill Posts: 114 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    beamerguy said:
    IMO, this is going to create chaos with the courts as thousands of these letters will be going out

    Heard on papers cannot be suitable as you simply don't know who will be reading them let alone if the they the knowledge of the parking scam.  Will your defence be skim read, with so many going on, I suspect that will be the case

    Video can only work if all users have professional equipment. Skype can freeze and Zoom is being investigated for corrupt files.   Then you have bad internet connections and freezing.   It's not workable

    Phone could only work with a 3 way conversation and the vast majority of people would not know how to set up the likes of a conference call.  Will there be someone from the court available for instructions

    You have a hearing impairment, so none of the above would be suitable.  You need to advise the court

    As far as Gladstones are concerned they will have the same problems. Given the fatalities they experience, they will never know if the judge is up to speed on their fake £60 claims

    Write to Gladstones with a "drop hands" offer for them to discontinue and bear their own costs and you in turn will not claim costs against them. Advise them that you will require a face to face hearing for the judge to determine the unlawful costs they apply and then there is the matter of the new Civil Procedure rules which come into force tomorrow, the 6th April 2020 which say ....
    For witness statements, the statement of truth’s wording will be as follows:
    I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

    Gladstones would be well advised to discontinue 
    Thanks Beamerguy,
    With regards to writing to Gladstones with a "drop hands" offer - how should I word this exactly? 
    As for the new Civil Procedures, the claimants and my witness statements have already been submitted to the court, so we wont have that paragraph included. Speaking of which, my hearing was meant to be on 9th April, and I have yet to receive the claimant's copy of the witness statement.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Simply - 
    without prejudice save as to costs
    In light of the court Order of X date I write to you offering a drop hands offer, wher we each bear our own costs to date and you agree to discontinue the claim. My fully assessed costs schedule, should this reach court, is as follows:
    This offer is open for 7 days from the date this notice is given. 
    Did you tell them you dont have a copy of their WS? Do  you know the court has acopy? If you havent raised this lack of claimant WS to the court, why not?
  • Fruitcake
    Fruitcake Posts: 59,531 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You have valid reasons to ask for a public hearing. A 'phone hearing or video hearing in private simply will not work because of your deafness. A hearing on papers should never be contemplated as you can't question the scamlicitors/witnesses or challenge evidence/statements.

    I suggest you tell the court first about the above, then send the drop hands offer. Perhaps even delay it until you have confirmation from the court that the case has been put on hold.
    If it does go ahead  then you might want to warn the court about your hearing problems to ensure they accommodate you. You might need to ensure the hearing is in a room with an induction loop for example. 


     
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • iWindmill
    iWindmill Posts: 114 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    edited 6 April 2020 at 5:02PM
    Just when I was about to send an email to Gladstones, I've just received it:-
    Dear Mr XXXX,
     We write further to the attached Court Order.
     Our Client is agreeable for settling the matter for the amount of £180 pn a without prejudice basis, we await your response.
     Kind Regards

    So will obviously reject this and offer a counter offer as outlined by beamerguy and nosferatu. Once rejected by Gladstones,
    at this point it'll become obvious that both parties cannot come to an agreement, I will send an email to county court explaining that I require for the claim to be settled at the court.
  • Fruitcake
    Fruitcake Posts: 59,531 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 April 2020 at 5:05PM
    iWindmill said:
    Just when I was about to send an email to Gladstones, I've just received it:-
    Dear Mr Windmill
     We write further to the attached Court Order.
     Our Client is agreeable for settling the matter for the amount of £180 pn a without prejudice basis, we await your response.
     Kind Regards

    So will obviously reject this and offer a counter offer as outlined by beamerguy and nosferatu. Once rejected by Gladstones,
    at this point it'll become obvious that both parties cannot come to an agreement, I will send an email to county court explaining that I require for the claim to be settled at the court.
    Did you mean to show your name in that quote?

    You must ask for a public hearing and give your medical reasons why a 'phone or video hearing in private is not possible or practical, not just that you want this to be settled in court.

    As for Gladrogues, I would accept their offer to settle for £180 … and ask for a cheque to be made payable to Mr iWindmill.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • iWindmill
    iWindmill Posts: 114 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    Fruitcake said:
    iWindmill said:
    Just when I was about to send an email to Gladstones, I've just received it:-
    Dear Mr Windmill
     We write further to the attached Court Order.
     Our Client is agreeable for settling the matter for the amount of £180 pn a without prejudice basis, we await your response.
     Kind Regards

    So will obviously reject this and offer a counter offer as outlined by beamerguy and nosferatu. Once rejected by Gladstones,
    at this point it'll become obvious that both parties cannot come to an agreement, I will send an email to county court explaining that I require for the claim to be settled at the court.
    Did you mean to show your name in that quote?

    You must ask for a public hearing and give your medical reasons why a 'phone or video hearing in private is not possible or practical, not just that you want this to be settled in court.
    Thanks for spotting that - edited.
    Yes, that is my plan.
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You must ask for a public hearing and give your medical reasons why a 'phone or video hearing in private is not possible or practical, not just that you want this to be settled in court.

    Why do you need to give reasons?
    You never know how far you can go until you go too far.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    D_P_Dance said:
    Why do you need to give reasons?
    Perhaps because the Court Order says so:


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