ES Parking Enforcement - Gladstones LBC

nosferatu1001

indeed - I wouldnt start with a skellie, as thats optional

You can start writing your WS now, while its all fresh in your mind. Why wait?

ryou4me

hi all
i fear i may have mixed up the forms sent/received and missed a deadline....
help on the below please

i filled in and sent form N180 Directions Questionnaire on the 3rd November 2019
i asked for this to be allocated to my local court in manchester

as per a prior post, i have received from ES Parking a Notice of Allocation to the Small Claims Track (no hearing) and an N159 form - i think i haven't filled in and sent this back - i have done so now just in case
The deadline stated was 31st January 2020.

is there a risk that this will now be dealt with on papers alone?

or the fact that i said no to this initially on the N180 and they are trying to get it heard on papers alone mean it will get a live hearing?

KeithP

Are you telling us that you filled in a form that ES Parking sent you?

An N159 gives you the option to not agree to the matter being determined on the papers alone.

ryou4me

I have not filled it in on time 

It was sent to me to say return by 30 th Jan as ES Parking wanted hearing on papers alone
I did not send the N159 form back to say I disagree

I have called and spoke to case management at the courts today and my case has been assigned to be heard by Judge Iyer on papers alone
No date has been set for the judge to do so yet 

I want to know if I can contest that now?

ryou4me

I had sent an N180 Directions Questionnaire Small Claims track to the court on the 3rd Nov and the confirmed receipt on 2nd Dec 2019
After speaking to case management now they have said it has been allocated to small claims with no hearing
Can I contest the no hearing?
Is the n159 the form that I should have sent before the deadline of 30th Jan and can I send it now?

ryou4me

I did not fill  in a form from ES parking

It was a copy of their request for no hearing  sent to me by the courts and an N159 form which I should have filled in and sent back by 30th Jan and did not do so

Le_Kirk

ryou4me said:

I have not filled it in on time 
It was sent to me to say return by 30 th Jan as ES Parking wanted hearing on papers alone
I did not send the N159 form back to say I disagree
I have called and spoke to case management at the courts today and my case has been assigned to be heard by Judge Iyer on papers alone
No date has been set for the judge to do so yet 
I want to know if I can contest that now?

ryou4me said:

I had sent an N180 Directions Questionnaire Small Claims track to the court on the 3rd Nov and the confirmed receipt on 2nd Dec 2019
After speaking to case management now they have said it has been allocated to small claims with no hearing
Can I contest the no hearing?
Is the n159 the form that I should have sent before the deadline of 30th Jan and can I send it now?

ryou4me said:

I did not fill  in a form from ES parking

It was a copy of their request for no hearing  sent to me by the courts and an N159 form which I should have filled in and sent back by 30th Jan and did not do so

OK, we get the picture.  All you can do now, if/when you get a date for it being heard on papers, is to submit a brilliant Witness Statement (WS) (unless you've already done that, although I doubt it if you've just returned the DQ).  You could also just send a WS anyway "in support of my defence as already filed" and try to out-think what arguments the PPC/solicitor will put forward.

ryou4me

Hi
As with the Directions Questionnaire and other correspondence, is it ok for me to submit my Witness Statement via email to the Courts? (email i have been sending prior correspondence that has been accepted is ccbcaq@justive.gov.uk)
Also, ES have sent me a printed version of their witness statement last week - am i expected to send mine to them physically or am i ok to send to ES Parking via email?
Thanks

KeithP

Once the case has been assigned to the hearing court, the CCBC plays no further part in the process.
In other words, after returning your completed DQ to the CCBC, all dealings are with the hearing court.

Coupon-mad

ryou4me said:

Hi
As with the Directions Questionnaire and other correspondence, is it ok for me to submit my Witness Statement via email to the Courts? (email i have been sending prior correspondence that has been accepted is ccbcaq@justive.gov.uk)
Also, ES have sent me a printed version of their witness statement last week - am i expected to send mine to them physically or am i ok to send to ES Parking via email?
Thanks

Have a look at the TELEPHONE HEARINGS thread because your local court (Manchester?) will be taking evidence by email.  How come your case was set for no hearing? 

DJ Iyer is good, but why the heck is this aimed as no hearing?  Risky but if you get DJ Iyer you will likely win and get a humdinger of a written judgment if he sets out his reasons in full.