Witness statement served.......nothing received from Claimant

nosferatu1001

 I'd do it now. More likely to get a strike out by a !!!!!! off court..

Coupon-mad

No, do it to arrive with the Judge and the Claimant next week, because you really really really do not want a sudden Order giving you little option.   You never know how quickly cases are being lined up for Telephone Hearing Orders, maybe some local courts are efficiently converting all of them right through to Summer, and Orders might come out sooner that people think.

I say you do want the Judge to look at your case sooner! 

You've already got all your attachments and evidence handy, so the only extra thing to draft is the Word Document Draft Order, deliberately attached in an editable format for the Judge to make use of if he/she agrees.  And don't forget to include your original DEFENCE in the single (compressed) PDF bundle, because we must assume Judges have no access to case files at the moment. 

And you need your extra wording telling the Judge that the C as failed to meet the court deadline.  Yes it will tip the C off about it, but then so will the fact you already emailed them your bundle and evidence recently...

gbbe

Coupon-mad said:

No, do it to arrive with the Judge and the Claimant next week, because you really really really do not want a sudden Order giving you little option. 

You’re right. 

And don't forget to include your original DEFENCE in the single (compressed) PDF bundle

Do I put l everything together in one large PDF so I attach just one file? Or 3 files, 1 defence, 1 witness and 1 exhibit pdf

And you need your extra wording telling the Judge that the C as failed to meet the court deadline.  Yes it will tip the C off about it, but then so will the fact you already emailed them your bundle and evidence recently...

Would I actually send everything to the claimant too not just the court?

nosferatu1001

Send all to court and claimant. That's the default 

Coupon-mad

Bargepole has explained what to do, in his post early today in the telephone hearings thread. 

One compressed PDF including the original defence as you must assume the Judge has not got access to it (and one Word document as I advised - the Draft Order copied from a previous Order I linked there).

gbbe

Coupon-mad said:

Bargepole has explained what to do, in his post early today in the telephone hearings thread. 

One compressed PDF including the original defence as you must assume the Judge has not got access to it (and one Word document as I advised - the Draft Order copied from a previous Order I linked there).

Thanks I will re-read through it again and put together the email tomorrow.
Thanks for your help

gbbe

@Coupon-mad i have just written the draft order the same as the one in the link: (obviously included the top bit that goes on a CO but the format goes weird if posted here) .....what about an order for costs? does that go in the order? or in the email supporting?

Before District Judge XXX sitting at the County Court at XXXXX on 20th April 2020

Upon reading the court file

IT IS ORDERED THAT

1. The Claim is struck out as an abuse of process.

2. This order has been made by the court of its own initiative without a hearing pursuant to Rule 3.3(4) of the Civil Procedure Rules 1998 and a party affected by the order may apply to the court to have it set aside, varied or stayed not more than 7 days after the date the order was served upon that party.

REASON

The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012 Schedule 4 nor with reference to the judgement in Parking Eye v Beavis, which expressly approved the parking charge because it included costs of administration. Additionally, s71(2) of the Consumer Rights Act 2015 requires the court to consider the fairness of a contract term and the provision for additional charges falls into example 6, 10 and 14 of the indicative list of unfair terms in schedule 2 of the Act. It is an abuse of process for the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover.

Dated 20 April 2020

gbbe

I have added the additional line about the failure to serve the DQ and WS. (they still manage to send me a reduced settlement offer!)

'Further, there has been no serious attempt to comply with the CPRs and the Claimant's incoherent, stylised particulars do not constitute compliance. In addition to the Directions Questionnaire the Claimant failed to serve, they have also now missed the court deadline for witness statement and evidence submission, which is even more reason for the court to consider striking the claim out as these cases unnecessarily delay and clutter court listings and represent a contemptuous and significant abuse of process.'

Le_Kirk

gbbe said:

'Further, there has been no serious attempt to comply with the CPRs and the Claimant's incoherent, stylised particulars do not constitute compliance. In addition to the Directions Questionnaire the Claimant failed to serve, they have also now missed the court deadline for witness statement and evidence submission, which is even more reason for the court to consider striking the claim out as these cases unnecessarily delay and clutter court listings and represent a contemptuous and significant abuse of process.'

Did you mean: -

striking out the claim as these cases this causes unnecessarily unnecessary delay and clutters court listings and represents a contemptuous and significant abuse of process.'

gbbe

Le_Kirk said:

Did you mean: -

striking out the claim as these cases this causes unnecessarily unnecessary delay and clutters court listings and represents a contemptuous and significant abuse of process.'

yes thank you, also added a paragraph about awarding costs pursuant to Civil Procedure Rule 27.14(2)(g).

lets see what happens....