Help, got until 24th November to submit Defence for VCS

Leviathan747

OK, thanks CM.  I added our costs in the end, simply because I'm so furious about the whole thing!  Phoned the court this morning and they received our email on Saturday (although we never received an email acknowledgement, for some reason) and that email has been forwarded to Judge Heppell at 8.49am this morning.  Deadline was noon today, to disagree with 'hearing on the papers'.  Will let you guys know what happens next.

Snakes_Belly

On the surface it appears that the case below was heard by District Judge Heppell but I think that it may have been a DDJ.  Sometimes there is one list for several judges. Mr Pickup was acting for VCS.
 
https://forums.moneysavingexpert.com/discussion/comment/76779349#Comment_76779349

What should go in Leviathan747's favour is that the activities of VCS should be well known to the judges at Sheffield Court. I don't think that Mr Pickup has had much success either.

beamerguy

Snakes_Belly said:

On the surface it appears that the case below was heard by District Judge Heppell but I think that it may have been a DDJ.  Sometimes there is one list for several judges. Mr Pickup was acting for VCS.
 
https://forums.moneysavingexpert.com/discussion/comment/76779349#Comment_76779349

What should go in Leviathan747's favour is that the activities of VCS should be well known to the judges at Sheffield Court. I don't think that Mr Pickup has had much success either.

HAHA, Mr Pick-me-up is simply a failure

Snakes_Belly

Another VCS/Excel case where the signage and claim were in different names. Mr Pickup represented the Claimant.

http://parking-prankster.blogspot.com/2017/06/vehicle-control-services-have-no-right.html

Leviathan747

Update, Order in the post today to vacate paper hearing and consider telephone hearing (huzzah!):

"Before District Judge Heppell sitting at the County Court at Sheffield..Upon consideration of the Defendant's email to the court dated 25 April 2020 and attachments and review of the Court file and papers.  The Small Claim hearing having been listed for hearing upon the papers on 7 May 2020.  It being noted that the Defendant opposes the matter being considered upon the papers.  The Court considering that this matter may be suitable for final hearing conducted remotely by telephone conference.  It is ordered that:

1. The hearing listed for consideration on papers on 7 May 2020 is vacated and the matter adjourned.
2. The parties are to liaise and are to, by 4pm on 20 May 2020 file their written submissions as to whether or not the matter is suitable for hearing by telephone conference, following which the matter will be considered by a Judge upon the papers.
3. The Court has made this order of its own initiative without a hearing.  If you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving it. Dated 1 May 2020"

nosferatu1001

So you have to decide at 2) whether you are happy with a telephone hearing or whether you need a face to face hearing. 

DoaM

Leviathan747 said:

Update, Order in the post today to vacate paper hearing and consider telephone hearing (huzzah!):

"Before District Judge Heppell sitting at the County Court at Sheffield..Upon consideration of the Defendant's email to the court dated 25 April 2020 and attachments and review of the Court file and papers.  The Small Claim hearing having been listed for hearing upon the papers on 7 May 2020.  It being noted that the Defendant opposes the matter being considered upon the papers.  The Court considering that this matter may be suitable for final hearing conducted remotely by telephone conference.  It is ordered that:

1. The hearing listed for consideration on papers on 7 May 2020 is vacated and the matter adjourned.
2. The parties are to liaise and are to, by 4pm on 20 May 2020 file their written submissions as to whether or not the matter is suitable for hearing by telephone conference, following which the matter will be considered by a Judge upon the papers.
3. The Court has made this order of its own initiative without a hearing.  If you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving it. Dated 1 May 2020"

Is that not a contradiction?

Le_Kirk

Don't understand 2).  If you and the claimant decide it is suitable for a telephone hearing the judge will decide it on papers!  Presumably it should say if you both decide it is not suitable for a telephone hearing (or a F2F hearing) the judge will decide it on papers.

Johnersh

 I read (2) as being a direction which excludes satellite litigation.

If you can't agree, there ain't gonna be a hearing about whether to have a hearing. He reads he decides that on the papers. Then there will likely be a further direction. 

nosferatu1001

Yep, thats what I understood it to mean
I the two sides dont agree on telephone the judge will decide whats going to happen.