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County Court Judgement Received

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Comments

  • Blue1133
    Blue1133 Posts: 97 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    edited 27 April 2020 at 3:08PM
    Good afternoon everybody,
    Remote Hearing has been set, and by the looks of it will be uncontested/not attended by the PC as per an email earlier...so does that mean the legal representatives can/will attend?

    Whether this was already in the workings and a pure coincidence, as the email sent last week was practically within a day of the dated letter from the court, they have requested the bundle to be sent via email etc and telephone number, which I have already done with my email of last week, though will do it again just to make sure, as they have a set format for the title of the email.

    So, now we are in business, no waiting around for a hearing, have read some horror stories about remote hearings so need to brush up on the BT Meet app, as i'm assuming is to be done via that,

    Plus review my pocket defence, just trying to get an idea of how this will go agenda-wise, will I need to quote the specific sections of CPR and so on, state specific cases if being used in the hearing?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    BTMeetme isnt an app - or it never used to be. Its simply a system they can use to set up a restricted conference call (ie they can open and close lines, etc) 
    The answer to your question - yes. maybe. no. SO, prepare and have them IF you need them. Because we dont know, and cannot know, what you will need for sure. 
  • Blue1133
    Blue1133 Posts: 97 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    edited 29 April 2020 at 11:33AM
    guys, any idea what it means, where the judge has been asked to decide the case based on the information already provided by the PC? will this set-aside hearing become more than just a set aside hearing? Should I be filing a defence in these uncertain times?
    If this is struck out, what can I do with regards to costs here? do I simply ask the Judge for x amount as per the guideline maximum.
    Secondly, I need to clarify the technicality regarding additional costs charged on top of the original Parking Charge, any guidance there would be great

    Just a re-cap, telephone hearing due to take place in 8 days time
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    1. What have you received that's making you ask this question?

    2. See the Abuse of Process thread.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Having the whole Ordewr would help. Your paraphrase does not help us too much.
    If its a set aside youve already filed a defence, surely? Everyone is told to do so. 

    As above. The abuse of process thread could not be clearer. Its not a "technicality", its two different laws and a supreme court case that states its an abuse of process. 
  • Blue1133
    Blue1133 Posts: 97 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    I have filed the bundle, as the details are sparse, it touches upon points of defence i.e lack of signage and no contract within the order dismissing the claim. I was told not to worry about filing a defence statement as it is more to do with getting it set aside, ith points to show you have a reasonable chance of defending the claim, now I am concerned as I have alot more to give if I need to file one.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You;'re advised to show you have a reasonable chance of defnding the claim. Usually this would mean filing a defence. If you didnt do so, too late now. Whats done is done
    Tell us what the order states. 
  • Le_Kirk
    Le_Kirk Posts: 24,698 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Did you file a six-point draft order with your witness statement?  If so, that would (should) have contained a suggestion as to costs, either reserved to the main hearing (if you get it set aside) or awarded if the claimant discontinues.
  • Blue1133
    Blue1133 Posts: 97 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    so is there no way I can submit a supplementary document outlining a defence? my witness statement covers points, however was under the impression a defence was not needed to be filed for set asides, really disappointed as all this work will now likely be thrown out, is there anything I can do
  • Blue1133
    Blue1133 Posts: 97 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    what is the pocket defence I was told to have to hand then
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