Court claim form - Horizon Parking

daniellog

Le_Kirk said:

The order is deficient in that it does not define the "responsible party" BUT it does say that the court requires "those documents essential for the court to determine issues on the day".  In other orders I have seen, it is for the claimant to collect the defendant's bundle and send it together with their own so that the court has both sides.  Have you, at any time sent your documents by e-mail to the claimant?  Have you had any contact with the claimant to determine who is doing what?

I did post it before as normal, then after the coronavirus kicked off I sent a CPR request from Coupon-mad's advice and CC'ed Gladstones into the email. But I've created a cost assessment and case summary now which I haven't sent them yet, so I'm guessing I have to send those documents to them then? 

DoaM

I'm not sure that addresses the question asked ... has there been any discussion/agreement with the claimant as to WHO is preparing the combined court bundle?

daniellog

There has been no "discussion/agreement", gladstones have sent me their bundle which they have filed with the court which includes some of my documents.

Coupon-mad

Then you must email those additional items now to the Claimant's solicitors and say that your witness statement and evidence has already been served by post on xx/xx/20, and that everything has been supplied in electronic format to the court.

daniellog

Thanks, I have sent those additional documents to gladstones. My hearing is on the 8th, is there anything, in particular, I need to do to prepare for this apart from going through my defence, witness statement, and evidence?

Coupon-mad

As long as you have emailed the court every document (including your original DEFENCE if the order said the Judge might not have access to the case file) and you have provided the court with your telephone number, then you are prepared.  

I'll assume you've read the section in the NEWBIES thread about the Hearing and how to prepare.

nosferatu1001

Also
dont forget to ask about costs.  Your time off has a value. 

Easy to forget. 

Umkomaas

nosferatu1001 said:

Also
dont forget to ask about costs.  Your time off has a value. 

Easy to forget. 

Take pay slips to prove earnings level. Many Judges won't agree to loss of earnings/annual leave costs without such proof. 

daniellog

I thought I would update you all. I was pretty nervous, I attended the BT meet me call with the judge and someone working at the courts. Gladstones didn't submit anything to the court regarding the CPR 23 request, when they tried to add them into the call they wouldn't pick up. The judge asked me if I was happy for them to proceed without them on the call and I said yes. She then ruled that it was an abuse of process due to the attempt of double recovery and that it was dismissed. I was also entitled to £59 of costs which Gladstones sent me the other day. So it went pretty well! Thank you so much for all your help!

Le_Kirk

A good outcome for you - well done.