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Please help - county court notice from vehicle control services

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  • Coupon-mad
    Coupon-mad Posts: 151,970 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 24 October 2020 at 11:45AM
    The email ref. CBVP invite for a remote trial was sent by someone is the listing section of the county court. 
    Sounds like a gap in process - I will call the court on Monday to hopefully rearrange so I have an opportunity to submit my WS.
    You can try, but your hearing is on Monday so I reckon it will proceed and you will have to explain to the Judge that you did not receive an Order telling you about the hearing date, and it was only when you suddenly received a WS and evidence from VCS (served late, if they had an earlier Order that you didn't have, because their WS was only served 11 days before) that you found an email from the court listing section in a junk email folder. 

    No paper copy of any hearing Order was sent, so you were oblivious to the Directions and have not ignored them, you simply did not receive what the Claimant must have received.  And they must have had something by post (because they don't accept service by email) prior to 15th October, to have caused them to pay the hearing fee and file & serve a WS.

    So, for justice to be done you ask the court to use its discretion for an adjournment and to send out paper Directions, and make no order as to costs.

    You do realise you had to give your phone number to the court not less than 2 working days before the hearing, as per that CVP email?  You've done that, yes?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you moved house since April 2019?
  • KeithP said:
    Have you moved house since April 2019?
    Yes I have
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Did you tell the court and claimant?. You knew back then that you were going to get more paperwork
  • No. I had a re-direct on but this has come through over the time limits that extends.
    I will ask tomorrow for an opportunity to adjourn to complete my WS. If not, then hopefully all of the re-studying of my defence + your comments + reading through lots of threads on here is enough! 
    Thanks again.
  • Umkomaas
    Umkomaas Posts: 43,373 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 October 2020 at 9:19PM
    I will ask tomorrow for an opportunity to adjourn to complete my WS.
    I have major reservations about this as a strategy. The hearing will be set up for tomorrow, and I don't think a Judge is going to be best pleased, and you might find yourself liable for the Claimant's costs and that of any legal advocate they field. There is also a fee to apply for adjournment. It could be a very costly move. 

    Others with legal experience, like @Johnersh, might comment in time. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 151,970 Forumite
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    I'm not a legal but DON'T ask for adjournment due to the costs risk.  Cross your fingers the other side don't attend. 

    Have you given the court your phone number last week, to comply with the latest Order?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    I would go for it.  I don't believe that the part time judges have that much reading time beforehand so will focus on the defence. 

    Nolite te bast--des carborundorum.
  • Redx
    Redx Posts: 38,084 Forumite
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    So , what happened ?? An update please
  • Hollyfshaw888
    Hollyfshaw888 Posts: 21 Forumite
    Third Anniversary 10 Posts
    edited 8 November 2020 at 12:59PM
    Hi all, apologies for the delay in responding.
    Update: The case was adjourned until end of November. Mainly because the claimant did not submit the bundle electronically and I had not submitted any WS due to having the wrong address on file so, the judge had no documentation to base the case on. I am hoping to have my WS completed today. 
    Does the claimant have to re-send their bundle to me again before the second hearing?
    Something which I am unsure about is how to include that VCS sent me a false notification that they had been awarded a CCJ against me. I received the letter after I submitted my defence so, I could not amend it to add it in. Can I put this in my WS?
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