Court Case VCS EMA East Midlands Airport BP Gas Petrol Station CCJ Trying Adjourn defence

Coupon-mad

What did the Judge say? 

Discretionary set aside because of what 'good reason' and did you ask for your £255 costs to be reserved?  

Sohail12345

Coupon-mad said:

What did the Judge say? 

Discretionary set aside because of what 'good reason' and dd you ask for your £255 costs to be reserved?  

The cost was covered by help for fees , so i did not ask for that - and the judge said that there is good grounds on appeal and the delay in response is backed up by acceptable reasons

Coupon-mad

That was lucky!    Still, certainly a no-brainer when you qualify for help with court fees.  Nicely done.

From what I can work out you did get a claim form but failed to defend in time, so you couldn't use the usual argument that the PPC had served the claim to the wrong address.  I guess the Judge accepted the reasons why you failed to defend, and saw that you had good prospects of defending the claim, and has allowed it for that good reason. 

This shows these ARE worth trying, especially this year when people can blame lockdown for brain fog and other concerns and distractions, stopping them dealing properly and promptly with all post.

So that has wiped the CCJ, but what did the Judge say about who has to do what and by when?  Is he going to send an Order telling the Claimant to send you anything, or has he said you have 14 days to submit your defence?  Who has the burden of doing what and by when?

Sohail12345

Coupon-mad said:

That was lucky!    Still, certainly a no-brainer when you qualify for help with court fees.  Nicely done.

From what I can work out you did get a claim form but failed to defend in time, so you couldn't use the usual argument that the PPC had served the claim to the wrong address.  I guess the Judge accepted the reasons why you failed to defend, and saw that you had good prospects of defending the claim, and has allowed it for that good reason. 

This shows these ARE worth trying, especially this year when people can blame lockdown for brain fog and other concerns and distractions, stopping them dealing properly and promptly with all post.

So that has wiped the CCJ, but what did the Judge say about who has to do what and by when?  Is he going to send an Order telling the Claimant to send you anything, or has he said you have 14 days to submit your defence?  Who has the burden of doing what and by when?

They accepting whatever i have written as defence, they will send us things to fill out later, then there will be a hearing in small claims court. Thats all. I will contact court again to ask if i can submit the ema bye law document and also a written statement from the owner of card whomade purchase 

Coupon-mad

I will contact court again to ask if i can submit the ema bye law document and also a written statement from the owner of card who made purchase 

You don't need to do that.   Don't call them.  No need.

You know what happens when, from the NEWBIES thread.  You are talking about the usual WS and evidence stage, pre-hearing, and you will be submitting TWO witness statements if you want someone to sign one.  You are the other witness and nothing you have submitted so far is your WS and evidence for this final hearing.

Sohail12345

Coupon-mad said:

I will contact court again to ask if i can submit the ema bye law document and also a written statement from the owner of card who made purchase 

You don't need to do that.   Don't call them.  No need.

You know what happens when, from the NEWBIES thread.  You are talking about the usual WS and evidence stage, pre-hearing, and you will be submitting TWO witness statements if you want someone to sign one.  You are the other witness and nothing you have submitted so far is your WS and evidence for this final hearing.

Oh ok cool - will wait for court letter then i guess in the mean time properly structure whatever i have already submitted as it was accross 3 emails to court - 1 was n244 and statement with it but i got told its too generic, then i emailled the order i wished due to byelaw and also abuse of process by claimant and the third was evidence pertaining to the site and reasons for late appeal etc. need to merge all that in to 1 doc and include the statement from the card holder of purchase made - the claimant said  no stopping allowed at a gas station and then said no pick up or drop off in the pack they sent inc the contract they had etc. 

nosferatu1001

Be careful and use the *correct* terms. Court letter isnt meaningful
Court order telling you the steps the C and D are required to perform - useful and specific
Directions questionnairre - useful and specific 
Remmeber, we cant mind read. YOU know what you mean, WE have to take whats written. 
If you are in the "usual" court process - meaning they have accepted the defence you filed with the set aside AS YOUR DEFENCE for the hearing - then you MUST use the newbies thread and construct a HEARING bundle. NOT a set aside bundle. The two are different and you MUST understand this point. 

This will be
- a witness statement to support YOUR DEFENCE to the claim, written by YOU
NOT a witness statement supporting the set aside. Thats done. Over.
- any other witness statements from other parties you will get them to write and sign
- EVIDENCE you will be submitting
This is all in the newbies thread. 
Dont just merge stuff ad hoc. Understand what youre doing and why 

Sohail12345

nosferatu1001 said:

Be careful and use the *correct* terms. Court letter isnt meaningful
Court order telling you the steps the C and D are required to perform - useful and specific
Directions questionnairre - useful and specific 
Remmeber, we cant mind read. YOU know what you mean, WE have to take whats written. 
If you are in the "usual" court process - meaning they have accepted the defence you filed with the set aside AS YOUR DEFENCE for the hearing - then you MUST use the newbies thread and construct a HEARING bundle. NOT a set aside bundle. The two are different and you MUST understand this point. 

This will be
- a witness statement to support YOUR DEFENCE to the claim, written by YOU
NOT a witness statement supporting the set aside. Thats done. Over.
- any other witness statements from other parties you will get them to write and sign
- EVIDENCE you will be submitting
This is all in the newbies thread. 
Dont just merge stuff ad hoc. Understand what youre doing and why 

Judge accepted the defence already sent over to be put forward to the hearing. But i think its good idea to involve a witness statement from the card holder aswell. 

nosferatu1001

Unusual, as youve been told. Usually a D is told to file their REAL defence within 14 days. THe one you filed with the Set ASide is now your defence, and you cannot alter or add to it
It sounds like - but we dont know - you are in the "normal" court process now. You MUST read the newbies thread so uyou are not surprised by any step. 

Sohail12345

nosferatu1001 said:

Unusual, as youve been told. Usually a D is told to file their REAL defence within 14 days. THe one you filed with the Set ASide is now your defence, and you cannot alter or add to it
It sounds like - but we dont know - you are in the "normal" court process now. You MUST read the newbies thread so uyou are not surprised by any step. 

Is it worth calling the court for clarity?