DCBL certificated bailiffs and high court enforcements

Hazy05

Thankyou for your reply. After finding the related threads i know now to go to hearing only. Just panicked. 

Le_Kirk

Hazy05 said:

Hi. Just an update from my post back in August. I have now received correspondence back from court. Because of the Covid situation the District Judge proposes to dispose of the claim without a hearing _ that is on papers alone. ? Not sure what that means, further reading states that both parties must agree if we don't we have to return the attached paper by the 1st Dec. Also encouraged to settle by negotiation. What do i need to do now. I have to deliver my papers that i rely on by 15th Dec. I'm actually away from the 8th Dec - 18th I did tell them this in my previous response.

You could try a negotiation (in writing, no phone calls) with the claimant but it should be a "drop hands offer" where you end up paying nothing and they drop the claim!  When is your hearing date and will you be available for that?  If not, contact the court and remind them that, in your DQ (N180), you gave dates when you would not be available.  If you are available, just send your bundle (and it will be electronic) before you become unavailable.  I have corrected some spelling errors; make sure that anything you send to the court and claimant is not littered with similar errors.

Hazy05

Hi. Thankyou for your response. I dont actually have the hearing date as yet. The letter states to reply by Dec 1st and papers to be submitted by the 15th, i assume this will be my WS.  Do i only submit them if im agreeing to the oaper hearing? As furthur down the letter it states to await an hearing date when safe to do so. Not going to lie im nervous now but feel whats the worse outcome i pay up! Just dont want to screw it all up now i've come this far. Dont want to use my job role as an excuse but i work in cardio/resp and busy as you can imagine, would they consider this when arranging a phonecall as i wonder if this could be taken at work? TIA

Le_Kirk

Your call as to a paper hearing or not but we ALWAYS recommend NOT.  The date for submitting papers (witness statement and evidence) is usually a "before" date so submitting early is not an issue.  My advice would be to follow the instructions in the letter assiduously.  You could, when returning the form declining the "on papers", ask when you should submit the bundle and also point out that you have already (in the DQ) said you will not be available on certain dates.

Hazy05

Thanks for the reply. No i wont agree to the letter hearing having read the releavant threads.And others advice. 🙂

Jenni_D

Please stop rushing your replies and think about what you want to say before typing. I say this because you've made another mistake ... it's not a letter hearing - it's a hearing on the papers (that you're objecting to).

If you approach your formal documentation the way you seem to be panicking and rushing replies then you'll make more mistakes - this isn't instant messaging so you don't need to rush.  

Hazy05

Thanks Jenni. Yes i was panicking a little yesterday when i recieved the letter from court, for a brief moment i thought should have paid when it was £60. I then gave my head a shake and started reading the threads and looking at my notes. Think im being more level headed now. If i can write 10,000 word essays im sure and hoping i can do this 🙂

Coupon-mad

You can do this.

Certainly decline a hearing on the papers unless your court is Southampton and you were not driving, in which case I'd say that would be winnable on the papers! 

Yes your evidence should include an insurance document but I would redact the first names of other named insured drivers so that you are not naming them but merely supporting your defence, if it is true that you may not have been driving.

Ask in your reply to court for a phone hearing but list ALL dates you can't do, including shifts you already know about, whether or not they were on your DQ and certainly for the next 6 months ahead, as the hearing will be in 2022.

Do take the opportunity to state what you do for a living and that any hearing may be hard for you to attend but you are keen to respond to the Claimant's lack of use of the POFA and don't want to leave that legal point, or any other defence points, to chance on the papers against a legally represented parking firm who won't want the court to spot that they never use the keeper liability provisions set out in Schedule 4 of the POFA, 

Hazy05

Thankyou for this. 🙂

Hazy05

Hi. I think im going to have a problem. I have just rang my car ins company to see if i could have a copy of my Ins documents sent to me from 2016. I didnt actually join them until Oct the parking issue is from May 2016. I cannot even remember who i was with back then.