Missed PCN and recovery action

D_P_Dance

Do you want a telephone hearing?  Are you sure?  Really really sure?

Of course you need to inform the court.  How you do it is immaterial, but email or a letter are probably the safest. 

Le_Kirk

Did you receive and submit your own DQ (N180) form?  If so did you tick "on papers" hearing?  You should reply to the court and say that you want it to be in accordance with your wishes on the DQ - that's what it is for.  Otherwise follow the instruction in the Order from the court where it say "if one or more parties disagree .............."

Masterplanner

D_P_Dance said:

Do you want a telephone hearing?  Are you sure?  Really really sure?

Of course you need to inform the court.  How you do it is immaterial, but email or a letter are probably the safest. 

What do you suggest, it doesn't sound like you think this is the bst course of action, I am not a key worker so I cannot ague that to get a face to face hearing, are there big disbenefits to having a telephone hearing?

nosferatu1001

We asked if you have your own copy of this Order. You keep answering as if you instead have the copy sent to the claimant. You must answer questions precisely. 
You of course have to 
- tell the court
- tell the claimant
That you want a hearing in person and are happy for the claim hearing to wait until that is possible. 
You can email the court, or send a letter, or simply walk in. WE presume this is of coruse your local court? 

Masterplanner

Le_Kirk said:

Did you receive and submit your own DQ (N180) form?  If so did you tik "on papers" hearing?  You should reply to the court and say that you want it to be in accordance with your wishes on the DQ - that's what it is for.  Otherwise follow the instruction in the Order from the court where it say "if one or more parties disagree .............."

I did submit a DQ N180 form, but I can't find a question or statement on it about tan on papers hearing.

Masterplanner

Sorry nosferatu1001, I did answer earlier today to say I had my own copy of the order.  This is for my local court.

What is the benefit of having the hearing in person instead of over the phone/video link?

nosferatu1001

Fairly obviously, you are there to "read" the judge, they can get a good idea of your characte r- key, as you will be the only true witness there. You can directly show evidence there
That is less easy over telephone
Over papers, the worst option by far, you get steam rollered by their crap. They are lawyers, you arent, and you cant counter their rubbish. 
You MUST read other threads. The deficiencies of paper especially are covered (and obvious, when you think about it)

D_P_Dance

 I am not a key worker so I cannot ague that to get a face to face hearing,

Why not, of course you can.. What has being a key worker ti do with your right to a face to face heariing?

 are there big disbenefits (sic) to having a telephone hearing?

Yes, lots.  Do some research, look for the guidance on here, probably in the last two or three pages.

Coupon-mad

Of course replying to the email from the solicitor is NOT ENOUGH.  The court is awaiting your reply and won't wait for ever and will then dispose of the case as quickly and at minimum cost as they can (hearing it on the papers - eeeek!).
  
You received an Order from the court in the post and did nothing with it?  YOU MUST reply to the court and copy in the other side, and I would also send a letter confirming that the case being heard 'on the papers' is not acceptable.

Do you have children you are still homeschooling, or are looking after elderly relatives at other addresses?

Any of that would do.  Here's one I wrote earlier for a local person (the PPC discontinued):

Subject line of email to court and claimant's solicitor:
 URGENT -  Defendant's objection to Claim number xxxxxxxx beng heard on the papers  (xxxxxxxxx Services Ltd v xxxxxx xxxxxxxxx)

Dear District Judge xxxxxxx (the one who sent the Order), 

I am the Defendant, (YOUR NAME).    

This email is also copied to the Claimant's solicitors.  

I have received your Order dated XX June, regarding the fact that the Claimant wishes the case to be heard 'on the papers'.  I am sure that any parking firm Claimant would say that, given they are legally represented by a firm who complete cut & paste parking case paperwork for a living, and would prefer that Defendants for whom this is a once-in-a-lifetime cause of enormous anxiety are denied the opportunity to be heard to expose the issues in the template submissions and to speak as the only true witness to events.  

A hearing 'on the papers' is not suitable

In accordance with the Order, I must formally tell the court that I object, as a hearing on the papers is completely unacceptable to me.  I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party.  I feel strongly after all these years of intimidating demands from this aggressive parking firm and their agents, that I need a voice at an attended hearing.  

I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.   The claim itself constitutes an abuse of process in that an unrecoverable sum dressed up as 'debt collection costs' has been added, yet this is an industry where costs must already be encompassed within the parking charge.  The Claimant knows or ought to know that this would be double recovery and that the Government has declared it 'extortion'.

I have no wish to obstruct the smooth workings of the court and wish things were different, but if the claim continues, I would much prefer a face to face hearing later in the year, if the court allows.

(COMMENT - DETAILS OF WHY - FOR EXAMPLE):  I have had no choice but to juggle working away with working at home as I have X children (aged X and X) who are naturally off school and being home educated. I have to cover the child care along with my partner who also works and there is no suitable 'quiet room' in the house. 

OR

IF NO KIDS OR WORKING FROM HOME ISSUES ARE HOLDING YOU BACK, JUST SAY THERE IS NO SUITABLE QUIET ROOM IN THE HOUSE (IF TRUE).

Aside from the issues mentioned above, I think even a remote hearing would put me at a huge disadvantage if I was to be at home with no quiet space to organise my papers during the hearing whilst the Claimant is sat in a quiet, professional solicitors office.

Even worse is the burden of letting the case be heard in my absence.  Expecting a litigant in person Defendant to enter into a 'battle of the papers' against a serial litigant roboclaim/legally represented parking claimant with irrelevant legal arguments and stock signage photographs that bear no relation to the truth is unbalanced and unjust, in my view.

I am the only true witness in this case and I would prefer a hearing in person to level the playing field. I await the court's Order and Directions. 

yours sincerely,  

YOUR NAME

DATE

D_P_Dance

What is the point of encouraging OPs to do their own research if you are going to spoon feed them CM?