Residential PCN help please - ***I WON***

amateurgirl

Thanks, all. 
Thanks to all the advice I've received on this forum, I've filed a good Defence and I believe I've got good Witness Statements (they've had the thumbs up from forum regulars, anyway!). But, as do others on the forum, I think that this 'win' will inevitably be paraded at the hearing, and from what I know of BW, it won't matter that it's only one win, nor what the circumstances were surrounding it, what will matter is that it was a 'win' and they will still parade it. So, in advance of the hearing, I wanted to flag it up to the judge, via my Supplementary, with a counter argument. I haven't had to file my WS yet, as the hearing isn't for another couple of months, so I can amend my Supplementary accordingly. 
But if the regulars don't think this will help, I obviously won't do it.
Thanks, all, as ever. 

nosferatu1001

Again. Wouldnt bother. You have a list of a dozen strike outs. THey have one. You can point out this was against a weak defendant who posted a weak defence, and the other defendant - crosby - case still stands. The obvious quesiton for the court is why they only appealed th one - why not both, when both were heard at the exact same time? 

amateurgirl

Hello all
I've just heard that my application to transfer my case from the original court where it was listed, to a court nearer to where I now live, has been refused. I don't know why it's been refused, the person on the phone couldn't tell me, but is there any way I can contest this decision? It seems at the moment that the hearing is going to be face-to-face, which means I've got to travel back and stay overnight which I'd rather not do with Covid still out there and when my witness is in the age range which is meant to be 'sheltering'.  
Grateful for any advice.

nosferatu1001

Not without formally applying to the court, which will cost £100. 
You wull need ot show why you as a consumer are entitled to the court of your choice, that this court is the one most local to you, etc. 

Coupon-mad

Email the court & ask for a copy of the refusal/Order and ask if it was clear that this is not your local court.

amateurgirl

Thankyou all. 
The person I spoke to this morning did say that a copy of the refusal would be sent to me but, given how slow things are at the moment, it was good advice to email now as it may have been too late by the time I receive it. I've reiterated that it's not my local court now and also said that my witness is 'sheltering' age and that I'm desperate to avoid compromising his safety by travelling if I don't have to; I hope that was the right thing to do.

nosferatu1001

By saying its not your local court and you are a consumer should force them. Did you cite the CPR?

amateurgirl

Thanks Nosferatu. No I didn't cite the CPR unfortunately, it didn't occur to me to do so.  

nosferatu1001

Then you should do so!
You cannot assume the court will just accept wha tyou say. they work on proof. 

amateurgirl

Morning all. 
I'm collating my 'defendants bundle' now and I just want to confirm a few things please: 
(1) That the bundle has to include a copy of the Defence and the case transcripts I refer to in it? (2) Do I just send the WS to the claimant's solicitors or do I send the Defence and the case transcripts as well? (3) I'm assuming I include the exhibits with the WS I send to the claimant's solicitors?
Thanks, all.