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

Coupon-mad

Email back and ask when they received the Notice of Discontinuance - have the court only just received it - because you never received it (at all) and believe that Excel possibly mocked up a date of early April to make it look like they discontinued it then.

Secondly, ask that the case be referred to a Judge and the hearing be kept as a Defendant's wasted costs hearing, given that your witness statement covered the eventuality of a NoD and this has been done by the Claimant in full knowledge of your Summary Costs Assessment. 

Say that, the Judge needs to be aware that this putative early-April dated NoD appears to have been backdated by the Claimant to make it appear that it was done before the Witness Statement and evidence/summary costs assessment arrived with them...but that was not the case.

gbbe

Coupon-mad said:

Email back and ask when they received the Notice of Discontinuance - have the court only just received it - because you never received it (at all) and believe that Excel possibly mocked up a date of early April to make it look like they discontinued it then.

Secondly, ask that the case be referred to a Judge and the hearing be kept as a Defendant's wasted costs hearing, given that your witness statement covered the eventuality of a NoD and this has been done by the Claimant in full knowledge of your Summary Costs Assessment. 

Say that, the Judge needs to be aware that this putative early-April dated NoD appears to have been backdated by the Claimant to make it appear that it was done before the Witness Statement and evidence/summary costs assessment arrived with them...but that was not the case.

great idea just drafting up an email, thank you so much for your help

currently at parking forum 1 - Excel parking 0, lets see if we can make this 2 - 0

Coupon-mad

Attach another copy of your signed Summary Costs Assessment for the Judge to see, and state the sequence of events (exact date) of when this was filed, and that you have never received a NoD and believe the court has only just received a backdated one...and that the Claimant has deliberately done that (it seems) to avoid being liable for the D's costs.

Be really clear and concise with what you are asking for - the hearing to remain open as a wasted costs hearing.

Coupon-mad

Oh, did the NoD arrive as a document attached to an email, in a format that you can check the Metadata?! 
 i.e. was it created this week?!

gbbe

Good Afternoon Mrs XX,

Thank you for your email.

When did the court receive the Notice of Discontinuance? Have the court only just received it by email? Because I have not received it (at all).

I am concerned that the claimant possibly mocked up a date of early April to make it look like they discontinued it then and have only just served it having received and reviewed all of my evidence that was submitted to them several weeks ago and to avoid being liable for my costs.

Secondly, I ask that the case be referred to a Judge and the hearing be kept as a Defendant's wasted costs hearing, given that my witness statement covered the eventuality of a NoD and this has been done by the Claimant in full knowledge of my Summary Costs Assessment. 

The Judge needs to be aware that this putative early-April dated NoD appears to have been backdated by the Claimant to make it appear that it was done before the Witness Statement and evidence/Summary Costs Assessment arrived with them, but that was not the case.

Attached is my Summary Costs Assessment that was served to the court and Claimant on 7/4/2020

Yours sincerely,

XXXXX

Coupon-mad

Looks good to me.

gbbe

added that we got the hearing date on 14th march, if they hadnt seen my evidence and were going to send an NoD, they would have done so much sooner

gbbe

they have replied........

'Hi the claimant notified Stockport County Court on the 8th April 2020 and should of notified yourself at the same time.

I will refer your email to the District judge for directions

Regards'

Le_Kirk

gbbe said:

they have replied........

'Hi the claimant notified Stockport County Court on the 8th April 2020 and should of notified yourself at the same time.

I will refer your email to the District judge for directions

Regards'

Did they really say "should of"?  That is poor from someone in an official position.

gbbe

Le_Kirk said:

gbbe said:

they have replied........

'Hi the claimant notified Stockport County Court on the 8th April 2020 and should of notified yourself at the same time.

I will refer your email to the District judge for directions

Regards'

Did they really say "should of"?  That is poor from someone in an official position.

agreed! I thought the same thing when i read it, I just copied and pasted it here!