CEL COURT HEARING NOW BEING HEARD OVER TELEPHONE DUE TO COVID 19 PANDEMIC.

D_P_Dance

Have you told them that you will not agree to take part in a telephone hearing under any circumstances.  .  That if they insist you will cancel your telephone subscription. 

nosferatu1001

Write to the court, again, and state that you are unable to attend a telephone hearing for the reasons stated. That you are entitled to a lay rep (quote the lay rep act) and that as they are unable to be in the same place as you , that you will be at an unfair disadvantage. 
Given you are happy for this to be delayed until a hearing in person is possible, you do not see the issue in such a delay. 

beamerguy

As nosferatu1001 says above.  

If the courts carry on like this, they will end up with major problems

ncw2509

Ive already quoted the unfair disadvantage and the fact that the lay rep cannot be present, and the decision was still made based on my objections.. Could it be that the judge has already come to a decision , which could be in my favour?? Just a thought.. 

nosferatu1001

Not a clue. 
We're in a new place. Its your choice to make. 

Fruitcake

If it has to go ahead as a private hearing by 'phone, then ensure the court has the lay rep's contact details as well. If the hearing starts without the lay rep being involved, then ask for an adjournment.
If the hearing starts with the lay rep involved, both of you should point out you are in different locations, and the lay rep does not have any of the relevant court mandated documents in front of them; explain why, and ask for an adjournment. 

If it goes ahead and you lose, you may have grounds to appeal.

Due to the new court procedure rules, private hearings by 'phone (or video link) are to be recorded by the court where possible, and ANYONE can ask for a copy of the recording from the court. This is because the courts are a public place and any member of the public is entitled to attend as a spectator. In order to preserve this right, anyone who wanted to attend has the right to an audio copy of the hearing.

Win or lose, this will be very useful for everyone here.

It will of course be interesting to hear the lay rep say at regular intervals, I cannot see the claimant's/defendant's defence/evidence/exhibits/statement of truth being referred to because they because they and the defendant are both following the Government's instructions to stay at home.

ncw2509

Thank you for your comments  . I will keep you updated post hearing. Fingers crossed for now.

henrik777

Why can't the lay rep join the hearing via phone ?
Might be harder for lay rep/defendant conversations but otherwise ?

Fruitcake

The lay rep probably can join by 'phone, but they don't have a copy of the defendant's court bundle, and the OP can't get it to them. The lay rep will be working blind.

Coupon-mad

The lay rep could be emailed a copy. 

I agree with Henrik777, don't p*ss the Court off, just prepare yourself and the lay rep and if need be have them on a second phone on loudspeaker, or ask the court as soon as they phone, to also include the lay rep in the conference call and give the court employee the lay rep's number and don't start until you are all ready.

Whichever of you does speak in the end, have a BULLET POINT list of your main points and make sure you cover them all, because you can bet that the legal rep who CEL get will try to steal the floor and if you are not ready with your bullet points, blow by blow, you will end up annoyed and confused unless you have a list to refer to when it's your (or your lay rep's) turn to speak.

The list would literally just be one liner reminders for you/the lay rep of the point and the evidence that supports it, e.g.:
- unclear/cluttered terms on signage (see exhibits x xx and xx)
- no grace period (see exhibit xx)
- (broken PDT machine, or whatever the facts of YOUR case are...)
- no landowner authority (refer to their own evidence if the contract is not with CEL but - often - Creative Car Parks Ltd who are not the claimant - check their evidence!)
- added false sums (see exhibits xx and xx and be ready to take the Judge to read Beavis paras 98 ,193 & 198).

Finally you wish the Court to consider that the high bar for unreasonable conduct has been met by the claimant's conduct in pre- and post-action phases and you wish to reclaim your considerable time - at £19 per hour - and money (post and printing x lots) spent on defending this claim (refer to your costs assessment if you sent one in with all your exhibits and your witness statement...which I hope you submitted in good time?).

I assume that CEL sent you their evidence too?  If not, what are you worried about as long as you met the deadline the Judge will slap them for not fielding anything.