Mystery CCJ - any support appreciated

LJG83

Just FI I now have a court hearing for mid-January. Unfortunately no facility to appeal a telephone hearing so we’ll just have to see what happens on the day. 

Strangely the letter from the courts asks me to send all evidence/witness statements at least 14 days prior to the hearing even though I already submitted all this in the original application for defence back in August so I presume this is just a standard letter they send to all to catch those who haven’t filed. 

I’ll let folk know how I get on. 

Have a good Xmas all. 

Umkomaas

Was the bundle submitted in August paper-based or electronic. If the former, I think the court now wants an electronic copy, so you'll need to get on with constructing that, if the latter, I'd just send it again - you need to comply fully with any court order, or risk a strike out.  Not what you're looking for!

EDIT TO ADD - I note that you were still discussing your WS here in early September, but couldn't see any confirmation that you'd actually sent that in to the court. Did you?  Did you also include with it all the evidence you will be relying on?

Ralph-y

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

may be of interest ...

Ralph

Coupon-mad

You must send everything you intend to rely on again (including the defence) in case the Judge is working from home.   

Comply with the order to the letter, and keep proof of emailing to the PPC (or their solicitor if they are using one) in case they pretend you didn't serve in time.

LJG83

Umkomaas said:

Was the bundle submitted in August paper-based or electronic. If the former, I think the court now wants an electronic copy, so you'll need to get on with constructing that, if the latter, I'd just send it again - you need to comply fully with any court order, or risk a strike out.  Not what you're looking for!

EDIT TO ADD - I note that you were still discussing your WS here in early September, but couldn't see any confirmation that you'd actually sent that in to the court. Did you?  Did you also include with it all the evidence you will be relying on?

Thanks - it was the former so looks like I’ll need to start getting it into a PDF.

Yes I submitted it with all the evidence and WS (must have forgot to post on here). 

Coupon-mad

Yes that needs an electronic bundle from you, including your defence.

LJG83

Afternoon all,
Filed the defence again as advised (thank you). Hearing is in just over a week. 

I received VCS bundle on the last day of the deadline. Lots of case law etc as you guys will well know. 

They’ve not produced certain documents that I’d stated in my defence/WS that they need to provide to demonstrate the legality of this claim I.e. I have asked for a contract between the landowner/Excel handing rights to VCS to make the claim but instead have provided a witness statement which is pure hearsay as I see it. They don’t have planning permission from the council too which I’ve asked them to evidence and they haven’t. 

Can I send something to the courts now making a further argument against their claim highlighting that they’ve not produced these even though the deadline has now passed? Or do I just wait until to the day to say this?

Thanks in anticipation 

nosferatu1001

You filed
defence
ws 
exhibits
yes? Not just the defence? 

Contract - go hard on it. Ask why they haven't proven their authority to offer parking contracts.  Wthere is n9 valid reason not to show it. 

So it on the day

LJG83

nosferatu1001 said:

You filed
defence
ws 
exhibits
yes? Not just the defence? 

Contract - go hard on it. Ask why they haven't proven their authority to offer parking contracts.  Wthere is n9 valid reason not to show it. 

So it on the day

Yes all defence/WS/exhibits filed. 

Thanks for the advice, I’ll highlight it clearly on the day. 

LJG83

Afternoon all, 

Had the hearing and I won!! They wanted to immediately appeal but was refused! Won on the basis that VCS had no rights to bring the claim! Thank you for your support with this! I’ll be having a celebratory drink tonight!