Please help!Letter from Newlyn

nikkietoni

Hi thanks and i am getting in a bit of a tizz about this. Really out of my depth here.
IOnly got the email on friday to say it would be a telephone hearing . The case is on wednesday morning so time is of the essence!
My daughter received two emails from horizon this morning .well actually gladstones . one which was sent to the court ...

“the above matter, now listed for a telephone hearing.We kindly ask that this matter be decided based on the submissions previously sent to the court on (Date) in the Claimant's absence. 

The Claimant's is asked to be excused and is kindly requested as the Claimant and Claimant's solicitors cannot facilitate this type of hearing due to the arrangements of working at this unfortunate time.

Please note that the Defendant has been copied into this email.”

And one to my daughter 

“Good morning

We write further to the Court's order dated the Xxxx

 In view of the hearing being in respect of your application, it is our position that the trial bundle should be filed by you.

 Please find attached the claim form, judgment request, and documents our client intends to rely upon for ease of reference.

 It is our client's position that they would like this matter to be dealt with based on these submissions and in their absence.”

What does this mean I have to include them on my bundle?

My daughter was told on the phone when she rang the court on Friday asking if she still had to go to the court (as she had not had any update!)that the judge 

 would have all the paperwork We sent previously when applying for the set aside. But what I have done is a timeline with a list of documents which I will email in as a bundle.

Gladstone’s say
“It is our client’s position there is;

 i. no real prospect of the Defendant successfully defending the Claim (13.3(1)(a));

ii. no other good reason why the Judgment should be set aside (13.3(1)(b)(i)) and; 

iii. no reason why the Defendant should be allowed to defend the Claim (13.3(1)(b)(ii)).

 In light of the above, our client respectfully submits the Judgment entered against the Defendant was regular and the Defendant’s application has no real prospect of success and should be dismissed with no Order as to Costs.

 We look forward to receiving an Order from the Court in due course.”

The bundle includes 17 items including PCN and photos of car park and a sign etc

Any further advice appreciated

Thanks for all the help you are giving me on here

nosferatu1001

Theres nothing exciting here
THey are saying 
- they wont "appear" a the hearing
- that as this is your applicaiton, you should put together teh bundle for the court. 
-> this bundle is simply your docs plus theirs. It might be worth sending it to the court as a consolidate email now, see what others think
Theyve not substantially answered teh address point, which I assume you have - the automatic set aside for 13.2? Im not reading back to find out, you need to tell us if you have an address issue (CPR13.2) AND you also have a defence (13.3) - if you notice, they ONLY refer to 13.3. Theyve not addressed CPR13.2 at all - and if you raised that as a reason for set aside, theyre not actually disagreeing that this should be set aside, and you should tell the court thiss. 

nikkietoni

Reading what coupon mad said as i said before am sending today two days before as they were late sending her information for a telephone hearing. We were told originally the judge had the paperwork. But we were going to take the paperwork to the court anyway just to make sure.
Gladstone’s have already sent their bundle to the court so how can i agree the list when sent anyway?
should I just send my bundle if I can figure out how to do it all as sounds so complicated!   

nikkietoni

I didnt actually quote  (CPR13.3) but it is an address issue.. they posted everything to an old address. I could add this to my draft order. I said on the draft order
”The default judgement dated xx to be set aside on the basis that the judgement was not properly served at the Defendant’s current address.” My daughter has a  council tax email proving She was not at that property when the claim form was served and also a statement from her estranged husband regarding the pcn that was never sent to their  former home when she had moved out prior to the apparent contravention

nosferatu1001

13.2 is address
13.3 is any other good reason
Have a read online if needed. 
You were told to addt his I am sure, at some point in the last 11 pages?! Its not "currnt" address its the known good address. 

beamerguy

Gladstone’s say
“It is our client’s position there is;

 i. no real prospect of the Defendant successfully defending the Claim (13.3(1)(a));

ii. no other good reason why the Judgment should be set aside (13.3(1)(b)(i)) and; 

iii. no reason why the Defendant should be allowed to defend the Claim (13.3(1)(b)(ii)).

REALLY ????  .....  very inventive wording totally forgetting what a judge will say and one would imagine that any judge would not approve being told.

nikkietoni

Can anyone help i have no idea what an inline data room is and how i send a bundle full of parking company bundle and my bundle all in one pdf? I think that is what the court means??

“....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”


really it is gobbledygook to me! I have no idea how to send it all??

Redx

The online data room is probably a server containing the bundle of evidence that a court of judge can click on the link to download it if required , such as Dropbox or mediafire or Google drive or skydrive or 4shared etc

You upload your evidence as a bundle to your chosen site , provide the link and if it's passworded you provide the password

Le_Kirk

Doesn't your order from the court state that the CLAIMANT should upload the E-BUNDLE to the on-line data room?  Maybe the court have told the claimant WHICH on-line data room to use.  However, as Redx states, it could be as simple as Dropbox (other Cloud Storage Devices are available).

nikkietoni

The court did ask the claimant to send the bundle but the parking company’s solicitors sent this yesterday to my daughter.

“We write further to the Court's order dated the 14/04/2020.

 In view of the hearing being in respect of your application, it is our position that the trial bundle should be filed by you.Please find attached the claim form, judgment request, and documents our client intends to rely upon for ease of reference.

It is our client's position that they would like this matter to be dealt with based on these submissions and in their absence.”

 So she has to do it!!!