Telephone Hearings re parking firm claims - can we all discuss strategy and outcomes here

edvas

Hello, maybe someone will know what I should do next. I sent my application  for a judgement set aside and last weekend received a letter that a telephone hearing will commence on Monday morning, and I should contact the claimant within three days from the day letter was issued and give them my contact information.
The claimant, ParkingEye don't have a contact phone listed on their website, and it takes them like a week to get through emails, and I had less than two days in till hearing. They should have my contact information on the N244 form so I called and emailed county court saying I can't contact claimant in time due to reasons above, and they should have my contact number.
In the end I wasn't contacted for the hearing, and lady at County Court said there is too many files to go through the case to tell me how it went and I should contact ParkingEye instead. So did  Iost chance for set aside, or I can do something about it...

Le_Kirk

Since you have a thread running, you should post your question on it: -
https://forums.moneysavingexpert.com/discussion/6181304/ccj-by-parking-eye-removal-advice/p1
You should then receive some suggestions.

D_P_Dance

I have just been listening to a family law solicitor on LBC who does not have a good word to say about telephone hearings.

Snakes_Belly

D_P_Dance said:

I have just been listening to a family law solicitor on LBC who does not have a good word to say about telephone hearings.

I do wonder if the hearing in the case of the double amputee veteran was either a telephone or papers hearing.

I have found it very hard to get my head around why this case was not dismissed by the judge. They have a lot of discretion and are paid well for a considered decision. This was more like the sort of criteria based decision that an IAS adjudicator would make.

This man is quite inspirational having raised money for various charities.  I feel that he has been sadly let down by the system and I understand that he is appealing against the judgment. It will be interesting to see what happens next.

https://www.helpforheroes.org.uk/see-the-difference/stories/lance-corporal-tyler-christopher-sledge-hockey/

bargepole

D_P_Dance said:

I have just been listening to a family law solicitor on LBC who does not have a good word to say about telephone hearings.

The sort of issues to be decided in Family Law cases, involve the question of which parent should have custody of children, or what the visiting rights should be, divorce financial settlements and so on. For this, I agree that telephone hearings are not appropriate, the Judge needs to see the parties in person and make an assessment as to what kind of people they are.

Many courts are now listing Family Law cases to be held in person, with civil money claim cases being mostly done remotely by telephone or video.

The fight over a piddling £100 parking charge is a million times less important than whether you get to keep your children.

Rjhsteel

How does a telephone hearing generally plan out?

Umkomaas

Rjhsteel said:

How does a telephone hearing generally plan out?

You win some, you lose some (not that many losses where the forum helps prepare the defendant). But we see only a small fraction of all cases, and we have no idea how the other cases fare. That's about it.

steveaduk

Hi, my stepdaughter has telephone hearing in a few weeks time. A couple of qu's?

1. Should I ask the court if I can be her McKenzie friend, or should I ask to be her 'lay' rep? Which would be preferable?
2. The Claimant issued their bundle to me (by post) and to the court today, ignoring the instructions that both parties should liaise and agree the key documents required. I had emailed the Claimant last week to 'liaise' but not received a reply. Should I go ahead and issue my own bundle?

Thanks

Coupon-mad

my stepdaughter has telephone hearing in a few weeks time.

Right, so it's her case, not yours, not your bundle and you didn't receive theirs.  She did.

1. Should I ask the court if I can be her McKenzie friend, or should I ask to be her 'lay' rep? Which would be preferable?

1.  A lay representative can speak, and she doesn't speak.  You do not need to ask for permission, she simply emails (NOT YOU!) and gives your phone number as well as hers, when she complies with the Order requiring her to send in the phone contact(s).  She states that you are her lay representative as allowed under the CPRs (Part 27, 3.2.) and the Lay Representatives (Rights of Audience) Order 1999.     https://www.legislation.gov.uk/uksi/1999/1225/m

1.       Claimant issued their bundle to me (by post) and to the court today, ignoring the instructions that both parties should liaise and agree the key documents required. I had emailed the Claimant last week to 'liaise' but not received a reply. Should I go ahead and issue my own bundle?      

1. As I said, not they didn't send it to YOU.      I hope you are not emailing in YOUR name to liaise?  YOU CAN'T.  She does.

   
   

Johnersh

Should I go ahead and issue my own bundle?
How the hell should we know?  Does the claimants bundle contain All the documents the defendant plans on showing to the judge? And if not, I suggest you try and deal with that. 

No one can hold your hand. Some decisions need to be made by the defendant alone.