ES Parking / Gladstones claim

therugbyfan

Hi Le_Kirk, I wouldn't be sending it all again . . . only an email referring to the content of my previous email & reiterating the points already made + draft order.  I won't send the bundle again as I know they already have that.

nosferatu1001

Give a short summary of why papers isnt suitable, so its really clear. 

Coupon-mad

Yes just a short email reiterating the reasons that were already in your email.

Here's one that just succeeded in getting a 'papers' hearing vacated:

https://forums.moneysavingexpert.com/discussion/6066995/help-got-until-24th-november-to-submit-defence-for-vcs/p26

therugbyfan

Thanks CM.  When sending the email do I cc: Gladstones or not?

nosferatu1001

Yes, that way they have been fully informed and can't complain 

Coupon-mad

You must copy in the other side to everything you send to the court.

therugbyfan

Hearing was set for today, heard nothing since my email saying I did not consent to on the papers.  I phoned the court for an update and they said it has been re-listed for a date in July.  I'm disappointed that it hasn't just been struck out, but am pleased that we get a fair hearing in person rather than on papers!

Coupon-mad

Yes, that's good.  And the words you use to try to get it struck out might just make the C discontinue...

therugbyfan

My day in court has been vacated ... I will get there one day!  This is what the latest order says:

Upon the Court determining that as a consequence of the national public health emergency and the steps taken by the government to control the same the court will be operating with a limited number of open court rooms available for civil hearings and that there is likely to be a substantial delay in the listing of any hearing requiring the physical attendance of the parties at court.

And upon it being recorded that the availability of court rooms for attended hearings is a scarce resource and that cases will be listed in accordance with priority listing criteria.

And upon it being recorded that the number of people in the court building and in each court is limited as a result of the social distancing measures being taken in accordance with the government guidelines arising out of the ongoing public health emergency and as a result it may be that only the parties, their witnesses, representatives and any interpreter or other support necessarily required to permit a fair hearing is allowed into the building.

And upon the court considering the court file and considering that the small claims hearing is not suitable for a fully remote hearing as the Defendant seeks a Hearing in person.

 

IT IS ORDERED OF THE COURT’S OWN MOTION THAT:-

1. In order to list this case for a final hearing, each party must provide the information set out below by no later than 4 pm 7 days after the date on which this order is drawn. If either party fails to provide the information set out below (or only partly provides the same) the case will be listed for hearing without further reference to them and any application to adjourn as a result of information that should have been provided is likely to be refused.

2. Both parties must by no later than 4 pm 7 days after this order is drawn email the following information to the Court, citing the case number and whether the information is being provided by the Claimant or the Defendant in the subject line

a. The number of witnesses that will be attending court in person for that party for the final hearing and their names;

b. The total number of people involved in the hearing for that party (including representatives and interpreters,

if any);
c. Whether there is any reason (whether as a result of shielding or otherwise) for any witness to give their evidence by telephone or by video platform, and if so how that witness is to give their evidence and what arrangements have been made to facilitate the same by the party seeking to call them;

d. Dates of unavailability of each party and witness for the next 12 months;

e. Whether the party agrees to a short notice listing (the court will give a minimum of 7 days’ notice of a hearing date).

3. This order has been made of the Court’s own motion. Any party affected by the order may apply to have it set aside, varied or stayed in accordance with CPR 3.3(5). Any such application should be made by application notice pursuant to CPR 23 and should be made within 7 days of service of this order.

4. Any application made pursuant to paragraph 3 of this order will be listed for hearing by telephone as urgent business not earlier than the third day after the application is received by the Court.

All seems straight forward other than it being a tad difficult to confirm unavailable dates for the next 12 months in the current situation.  I don't have holidays booked because there is no air bridge for my destination of choice as yet.  But I would like to book something before the end of this year (if possible).  Is it acceptable to just inform the court if I do book a holiday after I reply to this order?  Also regards to paragraph 3.  Is there any action I can/need to take here?

nosferatu1001

You do the best you can - so dont inform them after. Tell them a time period you cant make it, then book holiday into that period. You dont have a choice otherwise. Once you say what dates, youre going to struggle to change them later on.
No, o  course not. You dont want to change the order, as it suits you perfectly.