PCN escalated to Court proceedings **EDIT - I WON**

Littlewadie

Le_Kirk said:

I am kindly asking you to cease your harassment of this claim

Notwithstanding that you may have received further advice which will cause you to rewrite that letter, you cannot harass a claim, you harass a person, i.e. "you"

adjourned until June, this may be just down to utter incompetence or as I feel it is plain harassment.

Insert a comma as shown, it reads better.

adjourned until June, this may be just down to utter incompetence or as I feel it is, plain harassment.

So it should have said 'I am kindly asking you to cease your harassment against me pertaining this claim' ?
many thanks 

Le_Kirk

Yes but I would not use "kindly".  I would "request that you cease and desist..............."

D_P_Dance

I would use "demand". 

DoaM

I would use C-m's version. 😎

Littlewadie

Yes I have it all copied, pasted and edited ready to send, from what CM has said In her post, I was just using what they said as a learning curve of how to word things, I manage but am not the most literate person.

Littlewadie

So I received this today from the court, slightly different letter from the first one, do I re send the last one asking for a face to face or do I need to change anything.

Many thanks

Redx

Read the telephone hearings thread by coupon mad

Coupon-mad

You don't have another hearing date yet for this claim though, do you? Remind me.

That Order isn't really saying much and is not a response to your reply!  I would do an email to that Judge, and a copy the Claimant's solicitor, saying thankyou for the Order dated 13/5/2020.  For the reasons already advised in my email to the court dated xx/xxx/2020 (copy attached again) a telephone hearing is not suitable for this case, which is likely to take more than an hour and involves various aspects of law including breaches by the Claimant of the Equality Act 2010 and the Consumer Rights Act 2015.  Also, I wish to use a lay representative and I do not agree to a hearing on the papers.

I await the court's Directions later this year when a face to face hearing can be arranged.  A copy has been sent to the Claimant's solicitors who are invited to review with their clients the Equality Act 2010 and Consumer Rights Act 2015 breaches by the parking firm and should resolve the dispute by discontinuing this claim and pay my reserved costs for the wasted hearing in March, and my other costs as summarily assessed and served already.

Littlewadie

Coupon-mad said:

You don't have another hearing date yet for this claim though, do you? Remind me.

That Order isn't really saying much and is not a response to your reply!  I would do an email to that Judge, and a copy the Claimant's solicitor, saying thankyou for the Order dated 13/5/2020.  For the reasons already advised in my email to the court dated xx/xxx/2020 (copy attached again) a telephone hearing is not suitable for this case, which is likely to take more than an hour and involves various aspects of law including breaches by the Claimant of the Equality Act 2010 and the Consumer Rights Act 2015.  Also, I wish to use a lay representative and I do not agree to a hearing on the papers.

I await the court's Directions later this year when a face to face hearing can be arranged.  A copy has been sent to the Claimant's solicitors who are invited to review with their clients the Equality Act 2010 and Consumer Rights Act 2015 breaches by the parking firm and should resolve the dispute by discontinuing this claim and pay my reserved costs for the wasted hearing in March, and my other costs as summarily assessed and served already.

I did get a re arranged hearing date of 29th June 2020.

Coupon-mad

OK, do as I advised above and state that if forced to have a telephone hearing then you agree to provide your phone number to the court and it is xxxx xxxxxx but you firmly believe this will take two hours to do justice to the defence and you believe a remote hearing will be difficult for you and your husband to follow.

In the copy you separately forward to the Claimant's solicitors, redact your phone number.