Advice needed - County Court claim, UK Parking Control Ltd

venousdata

Thanks for the feedback guys. An unrelated question - I’ve yet to receive a court date yet, so far my case has been bounced between different courts a few times. What do I do if I want to book a holiday? Do I need to just wait around for the court date or can I write to let them know that I am not available on those dates after booking?

venousdata

Hi all, hope you’ve been well.

it’s been a white but I’ve finally received my trial date - end of September!

ive pretty much finished my witness statement(s) well in advance, minus a few small bits.

quick question - at what point do I send the claimant my evidence? 

Should I wait until a few weeks/a month before the trial date, or send them over ASAP?

cheers

Redx

that is listed on your court order, or should be , read it again , both sides and all pages

almost all court hearings that have been been postponed due to covid are august or later, so I am not surprised that any new ones are september or later

venousdata

The letter (notice of allocation to the small claims track (hearing) explains that the claimant must pay £115 by XX/XX/XXXX Or the claim will be struck out with effect from that same date.

besides this date, the only other dates on the letter are the date the letter was sent and the date of the trial.

There is a link to more info in the notes section referring to leaflet EX306 which basically explains that it is up to the claimant and defendant to agree a date to exchange documents.

it also says that the deadline to exchange evidence is in the letter, but I do not see this anywhere

Redx

does it mention 2 weeks before the hearing date ? or a month before ? etc

venousdata

No, the closest thing on the letter is a mention of a minimum of 7 days notice if you cannot, or choose not to attend the hearing.

document EX306 on the gov site says this about what to do next:

“The notice of allocation will tell you what you have to do to prepare for the final hearing. These instructions are called ‘directions’. They may include:

• instructions to send a supporting document to the court and to the other side, and when you need to do this by;

• permission to use an expert at the hearing;

• information about mediation if either you or the other side has asked for mediation, or the judge thinks the case is suitable for mediation;

• information about the date and place of the hearing and how long the judge thinks it will take; and

• hearing fee required.

If you are the person making a claim you will need to pay a hearing fee. If you do not pay the hearing fee by the due date, the court may not hold the hearing.”

of the above listed instructions, the only ones I see on the letter are the hearing date, fee payable by claimant and location/length of hearing, some mediation info... but no mention of instructions to send supporting documents to court/claimant and when to do this by.

Redx

in that case I suspect the court havent issued those directions yet and will do so in due course, but assume it at least 2 weeks prior to the hearing (its not a trial)

in other words, you are asking us a question only your local court can answer

Coupon-mad

Are you SURE you have a letter with the hearing date but nothing on the second page about what all parties have to do and by when?

venousdata

Yeah I’m sure - I’ll be calling the court on Monday to ask why I’ve yet to receive this

venousdata

Hey all, so I’ve spoken to the court and they’ve said that if there’s no date listed for evidence submittal then I must submit to the court and claimant no more than 14 days before the hearing date.

i guess I will be leaving things until we get nearer to the hearing date to submit my evidence.

in the meantime, is there anything further to be done, is do I just need to wait it out?

cheers