Britannia Parking / BW Legal Claim Form

michelle95

Hi,
So my hearing was meant to be this Monday 19th August. However, I had to have an operation this week (Tues 13th) and have been signed off sick for 2 weeks recovery.
I emailed the court and sent them evidence to why I couldn't attend, and the judge has adjourned the hearing.
Just wondering, can the hearing go ahead without my attendance? In this case, it is not. I wish it would have as the whole situation would have been sorted next week. It will now be dragged out until at least October (when they are hoping to reschedule).

Thanks, Michelle

Umkomaas

I think the Judge has done you a favour tbh.

If you're not there there is no opportunity to challenge anything the claimant asserts (and you will have seen the rubbish they can spout already in your dealings with them), you will have to rely on what you've already written, which will have been done on the basis that you could fill any 'gaps' in reply to any of the Judge's questions.

On top of all that, you have no opportunity to object to any of the spurious costs the claimant could raise by arguing your non-attendance after the case has been rescheduled is 'unreasonable behaviour' (where punitive costs can be awarded).

A couple of months ago 3 posters ignored forum advice on attendance and chose (a couple of weeks before the hearings) to have their cases heard 'on the papers'. All three lost and all the claimants' costs were awarded - not punitive costs for unreasonable behaviour, but spurious amounts had been added (the £60 admin cost that they're all trying to add now, being one that wouldn't have been awarded if the defendants had argued it in front of the Judges).

Redx

And there is a Parking Eye thread this week on here where the defendant did not turn up and ended up with more added costs tacked onto the CCJ

A papers only hearing can easily fail and nobody to argue against the added costs ? Never a good idea, as Umkomaas said

michelle95

Ok, could someone have gone on my behalf?

Do you think I even have a chance of winning?

I am sort of losing hope and tempted to just pay it? The situation is very stressful and I have a lot going on, I want the situation just over and done with. I have learnt my lesson to be extremely careful when parking.
I am sure I will be able to pay in monthly instalments

Le_Kirk

No one can attend on your behalf unfortunately, you must be in attendance. You can have someone speak for you as lay rep or McKenzie friend but in both cases you have to be there.