PCN CC Claim from gladstones and UKPCM

Jellybelly23

Coupon-mad said:

Should I be requesting the witness statement from UKCPM?

No, they have the same deadline as you to submit their WS & evidence.  What's the deadline?

it was the 28th July but im worried now as its just about ready to send but its a telephone hearing and the date is set for 7th august and it says all documents should have been received by the court. i was cutting it fine as it was but i just want to be 100% sure about what im sending and the SAR took time and homeschooling has just doubled the time restrictions on getting it all together. i still plan to hand deliver it to the court on Tuesday.

Coupon-mad

With a hearing date of 7th August, doesn't the WS & evidence have to arrive (by email due to COVID) by Friday 24th July?  No need to print anything or post anything - unless the Order says so, or gives a different date for the WS & evidence.

Jellybelly23

Coupon-mad said:

With a hearing date of 7th August, doesn't the WS & evidence have to arrive (by email due to COVID) by Friday 24th July?  No need to print anything or post anything - unless the Order says so, or gives a different date for the WS & evidence.

ahh yes original paperworks says by 4pm on 28th July but new paperwork simply states claimant must make the trial fee by 4pm on 24th July. So i should take that as all documents. The new paperwork for telephone hearing says that they do not accept bundles by email. All must be sent as hardcopy documents. They already have a copy of defence from MCOL and they stated that had also been sent to claimant. But I have a lot of pages that include all the debt collector letters and photographs from site plus emails sent to debt recovery company explaining never receiving original PCN unfortunatly i did not have the foresight to record telephone conversations. Also I never managed to actually speak to a real human at UKCPM as the phone lines just go round in circles i assume to make it impossible to raise an issue. Also can my husband nominate me to speak on his behalf for the telephone hearing as he is self employed and at this time the only one of the two of us that is able to go to work. Im praying they dont pay the trial fee so it just gets struck out there and then.

Jellybelly23

also should I include a copy of the email from gladstones asking me to settle for an amount still higher than the first outrageous amount of £160 to avoid further time wasting and incuring of costs. I did not ever acknowledge this email.

Umkomaas

Also can my husband nominate me to speak on his behalf for the telephone hearing as he is self employed and at this time the only one of the two of us that is able to go to work

This has caused alarm bells to ring with me. I've skimmed back over the entire thread, but didn't find any previous reference to your husband. All your inputs suggested that this was your case.  Just who is the PPC pursuing please (name on the NtK, name on the court claim form)?

Fruitcake

As above, everything must be done/have been done in the defendant's name, with the defendant's name and/or signature on any documents where required.

The defendant has to attend, whether it is in a courtroom or during a telephone hearing.
Anyone can act as a lay representative on the defendant's behalf, but the defendant must be present.
The defendant will have to speak to at least confirm their identity, and will have to answer any questions directed to them by the judge, but otherwise the lay rep acts for them as if they were an untrained lawyer.
Print a copy of the lay reps right of audience and refer to it at the time of the hearing. Read it out loud if queried.

Jellybelly23

Umkomaas said:

Also can my husband nominate me to speak on his behalf for the telephone hearing as he is self employed and at this time the only one of the two of us that is able to go to work

This has caused alarm bells to ring with me. I've skimmed back over the entire thread, but didn't find any previous reference to your husband. All your inputs suggested that this was your case.  Just who is the PPC pursuing please (name on the NtK, name on the court claim form)?

why should this ring alarm bells all correspondance is written and signed by my husband who is the legal owner of the vehicle. This is in my understanding an information platform and so all details posted on here have no need to be posted by my husband who has not got time during his 15 hours days to then do all this in the evening when he gets home. I was under the impression you do not put anything other than defendant or him/her on this platform certainly not the defendants name so as to not implicate anyone or anything? It was a simple question asked by my husband as he can not afford time off especially if we lose the case and have to pay all the fees being asked. If you feel that I have misled you as to who is actually being chased and caused unimaginable stress throughout this process then I am sorry that the way I write has caused you to draw such assumptions but as a married couple the battle is both of ours and as such surely I am able to partake in the groundwork? If this is in some way not correct then I am happy to thank all involved with guidance thus far and withdraw from the forum. 

Umkomaas

As far as I could (skim) read back through your thread, I didn't notice any reference to your husband, and the inference drawn was that this was your PCN. So many posters start to take on the responsibility for a relative/friend's PCN and erroneously start to 'defend' it as their own. This eventually leads to major problems as they have no legal part to play on that basis. I simply wanted to ensure that you weren't embroiled in the same scenario. You have cleared that up now. 

But, even if you are providing assistance as a Lay Representative at the hearing, your husband must be present. There is no way around this, other than via a 'hearing on the papers' in which case you will have no verbal interaction with the Judge, and in any case hearings on the papers are to be avoided. In the vast majority of cases, lawyers representing the claimant will draw up far better papers (they do it for a living every day) than a rookie Defendant. 

Jellybelly23

Fruitcake said:

As above, everything must be done/have been done in the defendant's name, with the defendant's name and/or signature on any documents where required.

The defendant has to attend, whether it is in a courtroom or during a telephone hearing.
Anyone can act as a lay representative on the defendant's behalf, but the defendant must be present.
The defendant will have to speak to at least confirm their identity, and will have to answer any questions directed to them by the judge, but otherwise the lay rep acts for them as if they were an untrained lawyer.
Print a copy of the lay reps right of audience and refer to it at the time of the hearing. Read it out loud if queried.

Thankyou. All paperwork has been signed by the defendant and is in the defendants name. I have read and reread all the information advised over and over and hope I have followed it to a T. I am extremely grateful for all the advice received and hope I have and will get an outcome that will do all those that have helped Justice. I am just desperate for it to be over now. I will look up information on being a lay representative. I am panicking even more now as Ukomaas comment above has made me think I have done something illegal but I am sure that this is just an information platform and anything in here is not actually legally well i dont even know what. Even when I first called the company they said from the outset as my husband is the registered keeper everything has to be done by him so that other than asking for information and typing has been done by my husband. The anxiety of all this is crushing me.

blancswann

@Jellybelly23 I feel the same anxiety, my husbands case is not until October but I have been doing all the leg work for my husband who is the defendant, he just does not have the time to do it. I hope you win 🤞