Defence Advice please CASE STRUCK OUT

covid1956

Got my court date for September, will attach, it is for a telephone hearing, there is a post on here with a good letter objecting to a telephone hearing so i will email the court with a suitably ammended version.
I do have a couple of queries,
1.  The Notice of Hearing states "Parties shall file an electronic bundle of documents etc" So i assume i can submit my Defence, Witness Statement, IPC Code of Practice? , Southampton Judgement? relevant Sections of the Consumer Rights Act 2015 ?.
2 The notice also states "all parties shall be provided with a copy of the bundle"  So do I email my bundle to the Claimant?
Look forward to your assistance as usual
Covid

 

Redx

yes is the answer (s)

the chances are that you will not get a face to face hearing , even if you ask for it again , as part of your document explains above, you can ask the judge and explain why not, but that may not sway the judge , its been refused before in other threads on here, so be warned

most current cases are by telephone or video link or on papers

covid1956

Thanks i will e mail the court anyway, nothing ventured etc. Will mention that with the gradual easing of the lockdown restrictions it may be possible to have a face to face hearing whilst observing social distancing
COVID

covid1956

Hi all,
I emailed the court to clear up a few queries as the wording of the Notice of Hearing confused me slightly, in the reply they state--
" The bundle must be sent to the other party, the court directions do not give a date for this as all documents in the electronic bundle should have previously been sent to the other party in accordance with the notice of allocation to small claims track.  If you wish to disclose any further evidence you must apply to the Judge for permission to file that evidence."
I dont have a problem with any of the above as i think i have submitted the best Defence and Witness Statement i could have with help from this forum, however i would have liked to have included a few more examples of "Abuse of Process"

I do have a query ---- I am sure i have seen a few post where "posters" have included items in the electronic bundle that were not included in their defence or WS. Advice please
Covis 

Redx

The only stuff I can think of is a supplementary WS that includes new exhibits , which is additional to what has gone before

If doing this , you must send copies to the claimant as well as the court

Umkomaas

however i would have liked to have included a few more examples of "Abuse of Process"

Such as which?  How many examples does your current WS have?

covid1956

Umkomaas said:

however i would have liked to have included a few more examples of "Abuse of Process"

Such as which?  How many examples does your current WS have?

I have 2 the Caernavon ? and Warwick ones but did not to put the full Southampton judgement as it was 7 pages and would have put me well over the 50 page limit.
In addition to the abuse of process examples i was going to add copies of the IPC CoP, Consumers Right Act, Companies Act & Code of Conduct for Solicitors as i refer to these in my WS
ta Covid

Coupon-mad

You don't need to append any of those and I would not try to add more, as it will pee off the Judge.

Why have you redacted the parking firm's name above - who is it, and what car park?

covid1956

Coupon-mad said:

You don't need to append any of those and I would not try to add more, as it will pee off the Judge.

Why have you redacted the parking firm's name above - who is it, and what car park?

I am sure the parking firms scour these websites so i thought it best to omit that info--- the less they know the better
covid

Coupon-mad

Doesn't help us help you one jot!  And I have no time to handle cases by pm and nor do other regulars.