UKCPM Small Claims Track

Pahars

Hi - I've received a Directions Questionnaire for a private PCN from UKCPM, claiming an offence dating back to Feb 2018. I had a quick question on whether I have to proceed with an oral hearing to have a chance of winning the case or I can proceed with Gladstone Solicitors suggestion of it being dealt with on the papers. I have read Bargepole's guide and understand the recommendation is to go with the oral hearing I was hoping to avoid having to attend a hearing in court.

Thanks

Redx

follow his advice

you can always ask for it to be judged on papers a couple of weeks before any hearing , if it gets that far

do not fill in the gladrags DQ, use the one from the CCBC, or download it and use it (even if you email it to the CCBC)

Coupon-mad

I was hoping to avoid having to attend a hearing in court.

No, you really weren't, if you want to win.

The last three people who tried that in April against our advice (as they were scared of court, or thought they save money by not missing work) all lost and lost BIG, will all court costs ordered against them too.

They paid about £300 for £100 PCN that was 99% likely to be won, had they manned up and turned up.

All because they were not there to give an honest account of their case, and even if they'd lost the case in person, at least they could then have told the Judge that PPCs invent the 'added costs' from thin air and incur no damages in 'debt collector costs', not solicitor fees, none of which is recoverable.

As I hope you covered in your defence? What did you put in defence as you never sought our help, so I am concerned already that you've gone off piste.

We haven't seen you since August:

https://forums.moneysavingexpert.com/discussion/5887938/uk-car-park-management-ltd-pcn

Please send a pm to Crabman to ask him to merge your two threads (no starting any more, please, keep all replies on one thread). No new threads about the same case.

Socrates_1

I had an hour's appointment and I tried to pay the parking fee for an hour but the pay and display machine swallowed my money without giving me a ticket and trying to download the suggested app didn't work so I left a note on my car stating the machine wasn't working

If this is what happened, then this is what the judge will decide on. The next question will be how many times did you try and why did you not phone the contact number on the signs to explain.

The judge will decide on your honesty about the facts whether you attend the hearing or not. Attending makes little difference about the facts.

Umkomaas

The judge will decide on your honesty about the facts whether you attend the hearing or not. Attending makes little difference about the facts.

Attending in person is probably the best way a Judge might be able to ‘decide on your honesty’. I would argue that would be a very difficult judgement to arrive at just from written submissions.

People with very poor written skills can be just as honest (or dishonest) as those with the high levels of written ability.

Coupon-mad

Socrates_1 wrote: »

If this is what happened, then this is what the judge will decide on. The next question will be how many times did you try and why did you not phone the contact number on the signs to explain.

The judge will decide on your honesty about the facts whether you attend the hearing or not. Attending makes little difference about the facts.

Your posts are of huge concern as you keep giving bad advice to take people off on a tangent. OF COURSE they must attend, that's one reason for our 99% win rate.

The people who should be worrying about honesty are the scammer PPC industry, don't you agree? They consistently appear to have no conscience or honest intent.

And if you are posting as PPC employee (as your posts give away already) is it not time that you admitted that and got official clearance from MSE to post for your company?

Let us judge your posts by who you actually work for. That's honesty.

Pahars

Hi all - my small claims track hearing has been rescheduled for Friday 28th, which is a lot less notice than I was expecting. When I enquired about a postponement, I was told you have to complete an Application Notice (N244) with evidence or complete a consent order. Either one will cost £100. So at this point, I'm thinking to go ahead with the hearing but as it's been over a year since anything of consequence was submitted, I'm a bit lost. I definitely sent a defence statement, which I filled in using guidance from this forum, and a N180 form but I don't think I have filled in a witness statement (not really sure whether this would be submitted separately to the defence) but I have received a witness statement from the claimant, which rebuts some of the specific points I put in my defence statement.

If I'm entirely honest and say I've ignored this as I've had other personal stuff going on but I did expect more notice to be given when this was rescheduled rather than less than 2 weeks.

Can someone advice me on how to proceed here pls? 

Redx

Read the telephone hearings thread by coupon mad for a start

Your court order told you when to submit a witness statement plus exhibits plus a summary costs assessment as well

The newbies thread also tells you what happens and when , so I believe that you have not read your court paperwork properly as exchange is usually at least 2 weeks before , your defence and DQ were only 2 stages of several to complete and you have done nothing

You should take this more seriously , ignoring a court order is no small thing

Pahars

Hi Redx - thanks for responding. 

I have looked at the thread but it sounds like that stage should come after any submission of a witness statement, exhibits and summary costs. My point is after submitting the defence, I have not had any paper communication from the court and have only managed to confirm via email that the claimant paid the hearing fee and that the original hearing was postponed due to COVID-19. The next communication i received was via paper last weekend for the rescheduling of the hearing, which is one page and included were two pages titled Remote Hearings by Video :Notice to the Parties.

So have I not received something or is this standard process now with the onset of COVID-19? Should I contact the court for further clarification?

nosferatu1001

No, not true
As pointed out
You are where you are. You MUST have something in your order - that yuove not shown us - telling you what to do about a bundle. 
WOrst case - ask the court. You know you were missing at lease ONE document - the original hearing date - yet havent thought to follow up. This allocation letter will 99% of the time have told you when to file your WS evidence etc. 
Have you had the claimants WS etc yet? Yes or no. 

Redx

Pahars said:

Hi Redx - thanks for responding. 
The next communication i received was via paper last weekend for the rescheduling of the hearing, which is one page and included were two pages titled Remote Hearings by Video :Notice to the Parties.

So have I not received something or is this standard process now with the onset of COVID-19? Should I contact the court for further clarification?

And as I pointed out , you should have been following the telephone hearings thread by coupon mad that she wrote a few months ago for all telephone hearings due to covid

It's my assertion that you have sat on your hands and done nothing , nor queried the court order (or not read it properly, we haven't seen your papers) , plus I do not believe you have read it despite me telling you to do so

If the claimant has sent you a witness statement , it's clear they know the details