Premier Park Ltd Fine

Coupon-mad

No, but look on other threads to see one, several people have worked on their costs this week (I can't recall who!).

Aib51

Hello again, I got my witness statement in but now I have received this from the court. Any thoughts?

Redx

there have been a few vacated this week and also some have been held by telephone (although heard on papers is always an option)

there was one today where the judge rang the solicitors, no reply , so found for the defendant who did answer the phone and participate

you are one of the parties, so you decide if you want it done on papers, or by telephone , or if you insist on a personal hearing sometime in the future

you inform the court which option or options you will consider, as does the claimant (in writing)

seems pretty straightforward to me , you decide on your options and tell them , plus follow their submissions rules on WS and anything else if not done already

Coupon-mad

So the hearing is vacated (obviously there is no agreement to be reached except for a drop hands offer by Premier Park's solicitors) and the court wants to know if you agree the case can be decided:
- on the papers
- over the telephone
- by videolink

So, I would email the solicitors a copy of the Warwick Order re Premier Park (NOT THE OTHER ONE) from here:
https://forums.moneysavingexpert.com/discussion/6079858/bw-legal-premier-park-thanks-for-all-your-help/p2
and the Southampton Approved Judgement from the TEMPLATE DEFENCE thread (which will not be linked here).

...and refer to the Order you have just received and tell them that their client clearly has no cause of action and never did, and you submitted your WS and evidence in time and you note that they have failed to; as such you are prepared to offer that you will not seek costs if they drop the case within seven days. 

Failing that, you will tell the court that you require a face to face hearing, or a video link one, in order to expose the flaws and untruths in the evidence, if any, and will ask the court that an employee of Premier Park attends so they can be questioned as a witness to explain their meritless case, not a third party rep

Lupo26

If they agree to drop the case I take it you can't claim your costs?

KeithP

Lupo26 said:

If they agree to drop the case I take it you can't claim your costs?

That depends entirely on your negotiating skills.

I imagine it will be difficult to get the Claimant to drop the case and pay your costs. What do you think?

D_P_Dance

Have you complained to your MP yet?

Aib51

Thankyou for the help. I have written to BW Legal and will let you know what happens. 

Aib51

They phoned me and asked if I would be prepared to settle out of court by paying them some money. I said no and that I needed some time to think through the options the court had offered. Then followed Coupon Mad's advice pretty much. Waiting to hear

Aib51

Hi just thought I would let you know that I am having my case heard this Wednesday via video and the court has been changed to Nuneaton because Warwick aren't hearing cases at the moment. Will let you know how it goes.