Please help!Letter from Newlyn

D_P_Dance

Indeed just a waste of out time. 

nikkietoni

Yes i know daft question.. take everything!

nikkietoni

just quite nervous about the whole thing.. it is so important to her to get this ccj set aside but thanks for all your help on here. Much appreciated everyone 

nosferatu1001

Its ok - just as we say, think about what youre asking - some are obvious, such as "do i need proof of...?" where the answer is *yes* You might never need it, but if you do...!

nikkietoni

Found out now it will be a telephone hearing by BTMeetme
which I believe is an app.still a possibility it may be postponed .
(BT Meetme)
The notice of hearing of Application

“1. Each party should separately by 4pm 3 days before the hearing provide a (direct dial) telephone number on which they confirm that they can be reached by the court for a telephone hearing conducted using BTMeetMe (or such other telephone hearing method as may be utilised by the court in future).

2. No less than 3 days before the hearing is to take place the Claimant (or if agreed another party) shall send an email to the court at manchestercivil@justice.gov.uk copied to the other party:

a) Containing in the subject line the word “E-BUNDLE” and name of the case and the date and time of the hearing

b) Setting out in its body (not as an attachment) a succinct reading list of documents for the Judge who will conduct the hearing together with an agreed estimate of the time it will take the Judge to read the documents. The parties should endeavour to agree the list and the list should be specific and if necessary refer to specific sections of a document, with page references to the electronic bundle.

c) Containing a link to the electronic bundle at an online data room. If the data vault is password protected the password must be set in the body of the email. The electronic bundle:

(i) Should be agreed

(ii) Must only contain the documents referred to in the reading list, which should only be those documents which are necessary and will be referred to at the hearing

(iii) Should include skeleton arguments if ordered or appropriate.iv) Wherever appropriate, should contain extracts of documents rather than the entirety of documents (v) be prepared in a single pdf format

(vi) Must be indexed and paginated in ascending order, to include index pages and necessary authorities (vii) Must always have a default display view for all pages of 100%

(viii) Must allow text on all pages to be selectable and to facilitate electronic annotation

(ix) Must have a resolution reduced to about 200 to 300 dpi to prevent delays whilst scrolling from one page to another

(x) Shall not exceed 300 pages.

d) The parties should prepare the focussed reading list and electronic bundle on the basis that the Judge dealing with the matter may have no previous knowledge of the case and may not have access to the court file”

all sounds quite complicated and daunting.

Any help or advice would be much appreciated thanks 

Redx

read the TELEPHONE HEARINGS thread, especially recent posts in the last week or so by coupon mad and bargepole

nikkietoni

Ah! Will do thankyou 

nosferatu1001

Take the lead on this
dont be passive. Ever 
Make sure YOU propose the documents, make sure YOU are getting exactly the documents in which rip thiers to shreds, etc. 

Coupon-mad

nikkietoni said:

just quite nervous about the whole thing.. it is so important to her to get this ccj set aside but thanks for all your help on here. Much appreciated everyone 

I think if this is just an initial set aside hearing (about the claim not being served properly - needing the D to prove stuff about her address, etc., and not so much about the claim/defence itself) then it is best not to ask that the matter is delayed.  She wants that set aside hearing asap!  

So she must read this slowly and carefully and do EVERYTHING right and put in all evidence as shown and bear in mind this (below in (my) bold) means the parties - Claimant as well - are expected to liaise (now) to identify/agree the key documents, which the telephone hearing thread and bargepole's advice there tells you, MUST include the original submissions made as the Judge may not have access to the case file (i.e. file the N244 and the WS and Draft Order again plus the evidence as to how she is showing that the service of the claim was 'defective').

The parties should endeavour to agree the list

Even if she gets no reply when trying to liaise with the Parking firm, she must aim to do her bundle and phone number submission a day or so EARLIER than the deadlines given, for peace of mind & leeway, in case we suggest some last minutes edits.

Personally, I would read and diarise 'no less than 3 days' as if it said FIVE DAYS BEFORE and aim for that, so as not to miss it:

“1. Each party should separately by 4pm 3 days before the hearing provide a (direct dial) telephone number on which they confirm that they can be reached by the court for a telephone hearing conducted using BTMeetMe (or such other telephone hearing method as may be utilised by the court in future).

2. No less than 3 days before the hearing is to take place the Claimant (or if agreed another party) shall send an email to the court at manchestercivil@justice.gov.uk and copied to the other party:

a) Containing in the subject line the word “E-BUNDLE” and name of the case and the date and time of the hearing

b) Setting out in its body (not as an attachment) a succinct reading list of documents for the Judge who will conduct the hearing together with an agreed estimate of the time it will take the Judge to read the documents.
The parties should endeavour to agree the list and the list should be specific and if necessary refer to specific sections of a document, with page references to the electronic bundle.

c) Containing a link to the electronic bundle at an online data room. If the data vault is password protected the password must be set in the body of the email.
The electronic bundle:

(i) Should be agreed

(ii) Must only contain the documents referred to in the reading list, which should only be those documents which are necessary and will be referred to at the hearing

(iii) Should include skeleton arguments if ordered or appropriate.
iv) Wherever appropriate, should contain extracts of documents rather than the entirety of documents
(v) be prepared in a single pdf format

(vi) Must be indexed and paginated in ascending order, to include index pages and necessary authorities
(vii) Must always have a default display view for all pages of 100%

(viii) Must allow text on all pages to be selectable and to facilitate electronic annotation

(ix) Must have a resolution reduced to about 200 to 300 dpi to prevent delays whilst scrolling from one page to another

(x) Shall not exceed 300 pages.

d) The parties should prepare the focussed reading list and electronic bundle on the basis that the Judge dealing with the matter may have no previous knowledge of the case and may not have access to the court file”

nosferatu1001

Whats important is the court expects teh CLAIMANT to send the e-bundle, so OP YOU must ensure YOUR documetns get into it.