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

Redx

As above , if you are not the defendant , it's not your bundle , they didn't email you , it's nothing to do with you , apart from assisting as either lay rep of McKenzie friend , secretary and researcher to the defendant

Everything must be done in the name of the defendant !!

There is no " My , Me , Myself & I"

steveaduk

Item 1 - thanks @Coupon-mad - she (not me!) will email and include both her number and mine, stating that I am her lay rep etc.
Item 2 - I'll reword the question...The Claimant issued their bundle to HER (by post) and to the court today, ignoring the instructions that both parties should liaise and agree the key documents required. She had emailed the Claimant last week to 'liaise' but not received a reply. Should she go ahead and issue her own bundle? The Claimants bundle [obviously] doesnt include all the documents she wishes to refer to.
Just looking for a little guidance please (@Johnersh) ? Thanks.

Coupon-mad

Just email her own documents (not theirs) to the court and say the Claimants ignored her attempts to liaise over a single bundle (email proof attached, along with her WS, evidence, exhibits, defence and costs assessment) and as a Litigant in Person she cannot be placed under the burden by a legally represented Claimant, who is much better placed to create a single court bundle.

KeithP

@BA1987, please ask you question on your own thread, but a quick answer is... it totally depends on what they have said and whether you need to challenge what they have said. 

Raf123411

Hi guys, I have a thread for my case open here: https://forums.moneysavingexpert.com/discussion/comment/77786723#Comment_77786723 . I just thought this will be the right place to ask about my phone hearing.

From what I understand from the court letter: Excel solicitor have to organise the call as I`m representing myself and I have to submit my contact details to the court no later than 3 days before the hearing?

Sorry if that is a silly question, but prefer to make sure I got all of this right.

Coupon-mad

It is a CCJ set aside hearing, so Excel (who don't use solicitors) will not prepare any kind of bundle.

Did you provide your defence in time? 

Follow what the Order says in terms of your providing everything you wish to rely on, to support your application to set aside the CCJ, and your phone number.  Don't expect Excel to get involved much, this is your application hearing, not the main hearing about the PCN itself.  

What we have found is Excel send someone to attend the call from Elms Legal, who might:

- think that this is a hearing about the PCN itself, so if they start talking about that, if the Judge doesn't correct them, you should point out this is YOUR set aside hearing, 

- pretend that they have never received the evidence/defence (so make sure when you re-send your bundle electronically as the Order asks for, you send to the court and Excel AT THE SAME TIME, so that there can be no question that the email was received!).

Raf123411

Coupon-mad said:

It is a CCJ set aside hearing, so Excel (who don't use solicitors) will not prepare any kind of bundle.

Did you provide your defence in time? 

Follow what the Order says in terms of your providing everything you wish to rely on, to support your application to set aside the CCJ, and your phone number.  Don't expect Excel to get involved much, this is your application hearing, not the main hearing about the PCN itself.  


- think that this is a hearing about the PCN itself, so if they start talking about that, if the Judge doesn't correct them, you should point out this is YOUR set aside hearing, 

- pretend that they have never received the evidence/defence (so make sure when you re-send your bundle electronically as the Order asks for, you send to the court and Excel AT THE SAME TIME, so that there can be no question that the email was received!).

Thank you for all the advices I’ll make sure i remember all of them during the hearing.

In terms of defence I send this in time to court and Excel in one email as advised here before. Excel already get back to me with whole bundle containing my defence and their claim.

I already submitted WS and draft order when applied with court to set case aside. Shall I send this again with my phone number or court will already have that informations?

When I submit initial application N244 I attached all evidence separate on the email, so probably looking on this letter  I’ll just collate WS with all evidence together in PDF and send this again.

So then when I send this with my phone number court will arrange the call for hearing? 

I’m just trying  to understand the whole process of phone hearing.

henrik777

stating that I am her lay rep etc.

Whilst a  court can, and may, allow you to lay rep, this case has never been allocated and the small claims rules do (should) not apply.

I would make the bundle as if it's a blank canvas.

bargepole

Why do you want to resend documents which are already in the Court file?

The quickest way to annoy the Judge, who will have a large caseload to get through, is to waste his/her time looking at duplicated documents. I don't think that's what you want to do.

A phone hearing works in much the same way as an in-person hearing, both sides get to state their case, referring the Judge to the particular page numbers and paragraphs in their statements and evidence which are relevant. Having heard from both sides, the Judge then makes a ruling.

henrik777

They need to be paginated preferably in electronic form in a single email.