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Claim Form - UK Car Park Management/Gladstone

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 23 February 2020 at 3:11PM
    Loss of earnings/leave, incurred through attendance at Court 24/03/2020 £48.00

    You surely don't mean your hearing is Monday and you haven't filed & served all this yet?

    CM, the hearing is a month away - attendance at Court 24/03/2020 - in March;)
  • Had me worried there :)
    Just about to hand deliver to the court and the post the claimant copy (with just free proof of sending)
    If I dont receive the claimants witness statememt by the deadline of the 27th february does that mean it gets thrown out of court? How will I know if they have paid their court fees?
  • Le_Kirk
    Le_Kirk Posts: 24,702 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    richiew2k said:
    Had me worried there :)
    Just about to hand deliver to the court and the post the claimant copy (with just free proof of sending)
    If I don't receive the claimants witness statement by the deadline of the 27th February does that mean it gets thrown out of court? How will I know if they have paid their court fees?
    You'd think/hope so wouldn't you?  I've seen so many reports that late witness statements (WS) from claimants just seem to be accepted by courts/judges even though they are the (supposed) professionals and should know it should be submitted on time.  If it is late, you make a point of that in your WS and bring it up at the hearing and ask that there be "no relief from sanctions."
    Check with the court about the fees.
  • Excellent thanks, just on way to the court to hand it over :)
    Major thanks again for all of your help

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Indeed. Its naother judges bingo. 
    Either the judge cares or they dont. You cannot force it either way
    As for paying - theyll pay. If they dont pay the court strikes it out. 
  • richiew2k
    richiew2k Posts: 136 Forumite
    Part of the Furniture 100 Posts Name Dropper
    edited 25 February 2020 at 4:18PM
    UPDATE - I have just rung the court to see if the hearing fee has been paid yet and nothing has been received and they have until 4pm today.
    Witness statement hasnt been received either
    So i need to call back tomorrow as if they had received the payment via post today then it would be actioned in the morning 
  • So i just rung back the court and still no Hearing fee received which sounds positive.
    However the guy said leave it a few more days and ring back as it may drop in the post the next few days!?
    Surely if it hasnt been received by yesterday 4pm then they have missed the deadline?

  • richiew2k
    richiew2k Posts: 136 Forumite
    Part of the Furniture 100 Posts Name Dropper
    edited 26 February 2020 at 4:50PM
    Le_Kirk said:
    richiew2k said:
    Had me worried there :)
    Just about to hand deliver to the court and the post the claimant copy (with just free proof of sending)
    If I don't receive the claimants witness statement by the deadline of the 27th February does that mean it gets thrown out of court? How will I know if they have paid their court fees?
    You'd think/hope so wouldn't you?  I've seen so many reports that late witness statements (WS) from claimants just seem to be accepted by courts/judges even though they are the (supposed) professionals and should know it should be submitted on time.  If it is late, you make a point of that in your WS and bring it up at the hearing and ask that there be "no relief from sanctions."
    Check with the court about the fees.
    LATEST UPDATE - I have spoke to the court again and the hearing fee has been paid.
    They have no received any witness statement and neither have i so they have filed this late so I will make sure I raise the 'no relief from sanctions' at the hearing
    What is the next preparation i need to do ready for the hearing? I have my witness statement but do I need to do anything else?
    I asked the person on the phone about the late filing of the witness statement and he said two options either
    1) raise it in the hearing as you have mentioned or 2) write to the court to refer it to the judge? 
    Is option 2 worth doing?

  • Umkomaas
    Umkomaas Posts: 43,438 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    1) raise it in the hearing as you have mentioned or 2) write to the court to refer it to the judge? 
    Is option 2 worth doing?
    Why not?  Ramp up the pressure on the Claimant. The more you draw to the Judge's attention their lack of respect for formal court processes, the more it puts them on the naughty step!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Le_Kirk
    Le_Kirk Posts: 24,702 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    As long as you have filed your witness statement, evidence and costs schedule, sit back and wait.  Maybe read a few court reports from the forum and see what to expect in court.
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