CCBC Claim Form PPS BW

Le_Kirk

What do you mean by "on time"?  As per the instructions on your FIRST court letter?

Coupon-mad

But yes you can bring up any points you want, to expose the holes in their evidence.

barnstormerdog

Yes. I put my WS in (and supplementary WS) by the date and time it stated. I didn't realise the supplementary one could have been later. 

Were_Doomed

C-m was querying whether you had served on time ... asking for critique this late in the day suggested you hadn't served them yet, which would make them too late (unless your court order says otherwise).

As to whether you can send a Supplementary SWS .... don't know.

barnstormerdog

So I just prepare for my hearing, write everything down and learn all the main points to bring up. Is there a link to any advice on how the hearing might be conducted and what I should expect? I

Coupon-mad

Yes, in the NEWBIES thread.

Redx

Plus plenty of recent concluded cases with feedback as court reports , I must have read over a dozen last month alone

barnstormerdog

Thanks guys

barnstormerdog

I sent my WS bundle and this covering email in August.

This email is also copied to the Claimant's solicitors.  

I have received your Order dated 7th July.
I have sent hard copies but as a precaution I have included my Witness Statement with Photo Evidence ( EB), Supplementary Witness Statement and Appendix and my Costs Assessment. I have also included my defence incase that is also required. 
I would also like the court to acknowledge that if a request is put in for a hearing "on the papers" I would please like to object.
I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party.  I feel strongly after all these years of intimidating demands from this aggressive parking firm and their agents, that I need a voice at an attended hearing.  
I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.  The claim itself constitutes an abuse of process in that an unrecoverable sum dressed up as 'debt collection costs' has been added, yet this is an industry where costs must already be encompassed within the parking charge.  The Claimant knows or ought to know that this would be double recovery (ref: Britannia Parking v Crosby and anor, Southampton Court 11.11.19).  
I feel anxious that the claim has not been similarly struck out and I might be denied a voice, after all my preparation. I have no wish to obstruct the smooth workings of the court and wish things were different, but if the claim continues, I would much prefer a face to face hearing later in the year, if the court allows.  Very much my second choice as a last resort, would be a telephone hearing.  However, I have extremely limited time during the current lockdown to attend to this matter and my time is fully occupied. 
I have a newborn son and currently live in a small chalet and working from home so finding somewhere suitable and quiet is very difficult.
Aside from the issues mentioned above, I think it would put me at a huge disadvantage if I was to be at home with no quiet space to organise my papers during the hearing whilst the Claimant is sat in a quiet, professional solicitors office.  When I originally filled in the Court forms and stated when I was / wasn’t available, Covid-19 wasn’t an issue as an influencing factor, but this has obviously all changed since the forms were filed and the structure of my life has changed entirely for reasons way beyond my control.
I would prefer a hearing in person once the pandemic lockdown is lifted.  However, I understand that to formally ask for an adjournment would be at a disproportionate cost which is not an option for me, so I await the court's Order and Directions. 
yours sincerely,  
Geoff Lea

 

I received a reply to say that the hearing would go ahead with a telephone hearing. 

However, should I now send another email as advised on the forum with my WS bundle as one PDF, a new covering letter as advised and a draft order (word doc)? And also add that I would like the Judge to strike out the Claimants WS as it arrived late?

The hearing is on Fri and I want to make sure the Judge has everything to hand as easily as possible.

Thanks

Coupon-mad

should I now send another email as advised on the forum with my WS bundle as one PDF,

Yes.  I expect the telephone hearing Order tells you to send it by email not less than 2 days before (even though it's already filed & served).

 a new covering letter as advised and a draft order (word doc)?

No.  You already did that detailed covering email before, and a Draft Order now is pointless.

And also add that I would like the Judge to strike out the Claimants WS as it arrived late?

Yes, using the form of words that the Order tells you to put in the subject line.  COPY IN THE CLAIMANT'S SOLICITOR.

Then add just a short couple of sentences in the body of the covering email, stating that you are appending your WS and evidence already filed and served in time (and your costs) and wish to alert the Judge to a preliminary matter for the hearing on Friday 13th November, in that the Claimants failed to serve their witness statement and evidence in time (it arrived on xx/11/2020) and as far as you are aware, they also made no application for an extension of time and/or the court's permission to rely on a late witness statement or relief against sanctions. 

As such, you ask that the Judge strikes out the Claimant's WS & evidence and given that the Claimant's witness is not likely to attend, this will mean they have forfeited the right to give evidence and the claim must fail and you wish to claim your costs in full due to the unreasonable conduct of the Claimant.

P.S.  Don't forget to send a separate email (NOT TO THE CLAIMANT THIS TIME) with your phone number, if the Order about this hearing tells you to provide your number to the court not less than 2 days before.  Read it carefully, some ask that the Claimant's solicitor arranges the conference call...and again, it will probably tell you what to put in the email SUBJECT LINE so don't overlook the instructions.