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

Le_Kirk

nuremburger06 said:

Coupon-mad said:

The Draft Order MUST be a word document, for the Judge to use and adapt and add the right dates.  You are literally handing him/her a pre-written order and hoping they will run with it, and this particular attachment can't be a PDF.
I have yet to see anyone's Draft Order shown here first to check...which is quite alarming.  I thought at least one poster would attempt one and it is important to get it right.  I wasn't going to type it from scratch as the wording is mainly like the one I linked, the actual Order from Luton Court. 
And because I have little time and am dipping in and out of the forum right now due to family stuff.

I’ll be honest. I am not comfortable providing a judge with an order. I wouldn’t want the judge to think I was overstepping tbh. 

It's a Draft Order and is quite common to do this, judges will be used to it.  It does not become a legal document until the judge has seen it, completed it and issued it.

nuremburger06

Le_Kirk said:

nuremburger06 said:

Coupon-mad said:

The Draft Order MUST be a word document, for the Judge to use and adapt and add the right dates.  You are literally handing him/her a pre-written order and hoping they will run with it, and this particular attachment can't be a PDF.
I have yet to see anyone's Draft Order shown here first to check...which is quite alarming.  I thought at least one poster would attempt one and it is important to get it right.  I wasn't going to type it from scratch as the wording is mainly like the one I linked, the actual Order from Luton Court. 
And because I have little time and am dipping in and out of the forum right now due to family stuff.

I’ll be honest. I am not comfortable providing a judge with an order. I wouldn’t want the judge to think I was overstepping tbh. 

It's a Draft Order and is quite common to do this, judges will be used to it.  It does not become a legal document until the judge has seen it, completed it and issued it.

I’m familiar with qualified legal persons doing it, wasn’t aware it was commonly done by lay folk too. I’ll upload my proposed draft order later this evening. 

nosferatu1001

It's done all the time by lay people , especially I. Set asides 

henrik777

nuremburger06 said:

Coupon-mad said:

The Draft Order MUST be a word document, for the Judge to use and adapt and add the right dates.  You are literally handing him/her a pre-written order and hoping they will run with it, and this particular attachment can't be a PDF.

I have yet to see anyone's Draft Order shown here first to check...which is quite alarming.  I thought at least one poster would attempt one and it is important to get it right.  I wasn't going to type it from scratch as the wording is mainly like the one I linked, the actual Order from Luton Court. 

And because I have little time and am dipping in and out of the forum right now due to family stuff.

I’ll be honest. I am not comfortable providing a judge with an order. I wouldn’t want the judge to think I was overstepping tbh. 

Standard practice. Saves them doing too much and they'll only do what they want anyway.

HeavyEvy

Folks,

coupon-mad asked me in my case thread to include here details of the email I have received notifying me of a remote hearing.

My hearing is tomorrow and on Friday I received the following very brief email

Good morning,

Please note that your hearing for the 20th of April 2020 at xx:xx will be a remote telephone hearing using BT Meet Me,

Please call 0800 xxx xxxx and use code xxxxxxxx to join the hearing.

Regards,

Listing Officer & Digital Support Officer

I phoned the Listing Officer and asked if the judge would have all the documentation. The response was 'we are trying to scan everything but if you want to be certain please email copies to our enquiries email address'. A few minutes later I received the following email

Good afternoon,

As this hearing will be held remotely please ensure that anything you will need to rely upon is sent through to Enquiries.luton.countycourt@justice.gov.uk to be forwarded to the judge digitally.

Regards,

Listing Officer & Digital Support Officer

The wording here is obviously different from other examples, I suspect just simply because the case was to be heard less than 72hours later.

Le_Kirk

HeavyEvy said:

Folks,

coupon-mad asked me in my case thread to include here details of the email I have received notifying me of a remote hearing.

My hearing is tomorrow and on Friday I received the following very brief email

Good morning,

Please note that your hearing for the 20th of April 2020 at xx:xx will be a remote telephone hearing using BT Meet Me,

Please call 0800 xxx xxxx and use code xxxxxxxx to join the hearing.

Regards,

Listing Officer & Digital Support Officer

I phoned the Listing Officer and asked if the judge would have all the documentation. The response was 'we are trying to scan everything but if you want to be certain please email copies to our enquiries email address'. A few minutes later I received the following email

Good afternoon,

As this hearing will be held remotely please ensure that anything you will need to rely upon is sent through to Enquiries.luton.countycourt@justice.gov.uk to be forwarded to the judge digitally.

Regards,

Listing Officer & Digital Support Officer

The wording here is obviously different from other examples, I suspect just simply because the case was to be heard less than 72 hours later.

That e-mail is (to my mind) obviously set up specifically for these remote hearings to overcome maximum size issues, it (Enquiries.luton.countycourt@justice.gov.uk) is similar to the one in the order posted by bargepole in his thread as hearings.lincoln.countycourt@justice.gov.uk.  Shame they couldn't all use the same format then we could advise everybody where to send there consolidated pack.

gbbe

This maybe a stupid question but what do you do about costs?

I've written a draft order exactly as coupon-mad states, but not mentioned my costs being awarded.

Does that go in the draft order? or in the email supporting?

nosferatu1001

Costs assessment goes separate to the draft order, but can be mentioned in the draft order. It's just a single page doc, easy to make, and referring to it like this means the order stays neat 

gbbe

nosferatu1001 said:

Costs assessment goes separate to the draft order, but can be mentioned in the draft order. It's just a single page doc, easy to make, and referring to it like this means the order stays neat 

I have written and sent my costs assessments with the witness statement, I just wondered when writing the draft order if it should be another point added that the defendants costs are paid in full

nuremburger06

I've attached an editable draft order if anyone would like to review it. Re the costs, I thought you could only claim costs if the claim was heard? If you are asking for the claim to be struck out, any costs pertaining to distress would be a separate claim, no?