Letter Before Claim - Gladstones [Residential Parking]

Redx

Contact the court , explain the situation and ask for a new date , suggesting alternative dates or months that are suitable , I would expect it will be vacated and a later date allocated , so put back , not brought forward

I doubt that anyone Other than a lawyer could attend in your absence

The standard alternative to not turning up is for the case to be heard on papers

otterpanda

I've not been able to find where I read that now - I went into a bit of a Google black hole so the fact I can't find it again makes me think it's incorrect.

I've contacted the court regarding this but am still waiting for a response. Unfortunately, it needs to be brought forward not pushed back due to my circumstances.

One other question - is it standard that the notice of allocation states that the Claimant has until x date to pay the relevant fees? Or typically, should they have already paid?

KeithP

otterpanda wrote: »

One other question - is it standard that the notice of allocation states that the Claimant has until x date to pay the relevant fees?

Standard practice.

Assume they are paid until the court tells you otherwise.

Loadsofchildren123

phone the court and point out that the date was on your DQ as a date you couldn't do.
It's unlikely they'll bring it back rather than push it forward though because of availability - you'll have been given the first available date. Unless you told them in your DQ that you were leaving the country long term after x date (in which case try and use that to persuade them).

The next fee is the hearing fee. The C has to file that within x days of the hearing, that's standard practice. Occasionally they forget so it's worth checking.

otterpanda

Loadsofchildren123 wrote: »

phone the court and point out that the date was on your DQ as a date you couldn't do.
It's unlikely they'll bring it back rather than push it forward though because of availability - you'll have been given the first available date. Unless you told them in your DQ that you were leaving the country long term after x date (in which case try and use that to persuade them).

That's exactly what my circumstances are - I didn't want to put my life on hold for this flipping thing. I will give them a call as I did state that on my availability on the DQ.

If I were able to have a solicitor represent me in my absence, would a retired solicitor be acceptable or do they have to currently be practising? (Friend's father who worked in contract law)

otterpanda

So I've gone to ring the Court and realised that it's the same number I called a while ago to discuss - I thought I had now found a direct number. They directed me to email the court which I did but still haven't had a reply. I will try to call again later (I have just tried but it said all operators were busy and to call back later)

Le_Kirk

You cannot have someone represent you in your absence, you have to be present.

knightstyle

Le_Kirk first thanks for all you do on these threads.
But I have to say that when my DW was summoned to court by the Police for not showing her documents as required she was unable to attend and I went in her place, I asked if I could speak to the court and this was allowed. She them had all charges dropped by the court.

otterpanda

I managed to get through again - they’ve advised that there is no direct number for the court and that communication can only be done by email, they are currently working at a backlog so essentially I have to wait for them to get to my email. The gentleman on the phone said something along the lines of possibly being present via video call so I suppose that could be an avenue I enquire about depending on the courts response.

KeithP

knightstyle wrote: »

Le_Kirk first thanks for all you do on these threads.
But I have to say that when my DW was summoned to court by the Police for not showing her documents as required she was unable to attend and I went in her place, I asked if I could speak to the court and this was allowed. She them had all charges dropped by the court.

Then apparently the Civil Court rules are different to those applicable in a Criminal Court.