**Court Summons** NCP - BW Legal ANPR Overstay

Bordtea

Suppose it’s just fingers crossed at this point the !

Can I phone the court on Tuesday after the scheduled hearing time to find out result?

Coupon-mad

Also emailed both the Claimant and the court to inform them that the Defendant won't be attending the hearing (it's on Tuesday) and requested a paper hearing.

Oh dear, did we know this was your plan? Not good and far more likely to lose now.

Bordtea

Which bit? The not attending part (if so, I’ve mentioned that a couple of times) or the request for a paper hearing?

KeithP

Not 'a couple of times'.

Only once have you mentioned that the Defendant would be unable to attend any hearing - in post #28 above.

I responded with:

KeithP wrote: »

As you say, The Defendant's non-attendance is far from ideal.

By saying 'due to the nature of her job', it looks like she was never going to be able to attend.
Perhaps fuller details of non-availability dates should've been supplied on her Directions Questionnaire.

Anyway, this just means that the Witness Statement and evidence need to be top quality - anticipating and challenging any argument put forward by the Claimant and of course challenging thoroughly the Claimant's claim for costs.

The Defendant needs to notify the court of her non-attendance at least seven days before the hearing.

Assuming the Defendant has already sent a Costs Schedule to the Court and Claimant, you are right, nothing more to be done other than crossing your fingers.

KeithP

A further thought:

Not much point in filing a Costs Schedule as the Defendant will have incurred no costs if they don't attend.

Bordtea

Thanks for your assistance all.

Have phoned the court trying to find out the outcome but have been told this won’t be processed for 3 weeks unless it’s urgent (which it’s not). They suggested contacting the claimant’s Solicitors (BW Legal) who I have emailed but this seems a rather odd way to find out the result - is this normal?

Quentin

Assuming that the hearing went ahead then if there's a ccj against you it will be on the register now

You can find out from the trustonline website

Bordtea

I get the following message when I put the case reference into Trustonline - ‘Case number invalid or not found on the public register’ and it won’t let me proceed any further than that.

Do I take this to be a good sign?

Bordtea

The case was heard on Tuesday morning.

Bordtea

Just had an email from BW Legal. Appears they won, with the full £264 owed.

Hey ho...