Gladstones/LPS - County Court Claim

pkul01

Hello Everyone
I had not heard anything from the Court since I filed the:
a) WS, Supplementary WS and documents around midnight, 19-May-20 (a clear 14 days prior to the hearing on Wednesday, 03-Jun-20) and early hours (01:00ish), 20-May-20
b) COVID covering email about 12:30 on 20-May-20
I emailed the court on Friday, 29-May-20 asking for a status on the hearing.
This afternoon, my father received TWO "General Form of Judgement or Order"  (attached for reference) from the Court. One was printed double sided and in an A5 brown envelope and the other printed single side and in a small 4inchx9.5inch envelope. It basically says the Judge sat remotely on 20 May-2020 and the "...Court determining that in the exceptional circumstances of the current national public health emergency due to the Coronavirus pandemic this matter is suitable for hearing remotely by telephone ('remote hearing')….."
Perhaps the judge did read the WS/SWS/Documents and the covering email and made the determination for a remote hearing on 20-May-20. However, I don't think so as I don't think my filings would have been "processed" beforehand to give to the judge in time.
Furthermore, should the judge not have reviewed this matter on 21-May-20 i.e. after the latest 14 days deadline prior to hearing deadline to file WS/Documents?
Of course, I will file the objection to the remote hearing as instructed at paragraph 3. In fact, I will be sending the emails that made up the COVID9 covering email.
Maybe this time send to the email address given at paragraph 4 even though we do not want a remote hearing.

Umkomaas

We're seeing a number of these. Have you read the 'Telephone Hearings' thread?  If not, do so now. 

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here#latest

nosferatu1001

The circumstances of why theyve made this determination arent important. It was pretty inevitable theyd suggest telephone hearing. 

pkul01

OK will read the telephone hearings thread.

Coupon-mad

If the Defendant (your Dad?) doesn't want a telephone hearing just reply to those orders saying why not (suggested words in the TELEPHONE HEARINGS thread page 10) but say that if the court decides that it is to go ahead as a remote hearing anyway, then the Defendant's phone number is xxxx xxxxxxxx.

That covers both bases.

pkul01

Hello Coupon-mad
My father, Defendant, does not want a telephone hearing. This was made clear in the COVID19 covering email (wording suggested in the telephone hearings thread) with reasons given as having hearing difficulties due to his age (89years)  - not something that a hearing aid will help -  and becomes anxious and worried a the slightest interruptions when the phone line has delays, bad connection or cuts off all making him agitated and stressed; especially as hearing is scheduled to last 90 minutes. He won't be able to concentrate for that long.
I still believe the judge who determined the remote/telephone hearing did not have access to the COVID19 covering email prior to his decision.
I am minded to re-send this to the email address given in the order.

Coupon-mad

 reasons given as having hearing difficulties due to his age (89years)  - not something that a hearing aid will help -  and becomes anxious and worried a the slightest interruptions when the phone line has delays, bad connection or cuts off all making him agitated and stressed; especially as hearing is scheduled to last 90 minutes. He won't be able to concentrate for that long.

OK yes, forward the previous email and add some short wording in the covering email forwarding it, saying that the Defendant was surprised to get an Order dated xx/xx/2020 from District Judge xxxxxxx about a telephone hearing because that is wholly unsuitable, and this has already been explained in the attached email that he can only assume 'crossed in the electronic post'.

Then remind the court of his reasons why a hearing 'on the papers' is not agreed either (and DON'T include a telephone number!).  Ask for new Directions when a face to face hearing can be arranged later this year.

pkul01

Thanks Coupon-mad.
I guess I will need to send the same email to Claimant as the Order states.

Coupon-mad

Yes, everything your Dad sends to the court must be copied to the solicitors for the Claimant, too.

Don't send anyting from 'you' at your email address of course.  You are not the Defendant.

pkul01

OK, but my father has never had an email address and his mobile is one of the very first Nokia's i.e. not a smartphone that he only uses the phone for calling and receiving calls. He does not even use text - he is a tech-ignorant and is happy with this.
I have been sending the Email's for him by signing them as:
YYYY
For and on behalf of
XXXX (Defendant)