Late court hearing

MonTuesWed

Hi all, 
Was wondering if anyone would be able to help about this situation, I know it's a bit different due to the whole covid issue but I'm not sure what to do now. 

Long story short, got a ticket and went through all the process of unsuccessfully appealing, got court letter and sent in defence and evidence. Now the evidence was sent in April, and the claimant never sent me their evidence so I thought the case was cancelled, however I recently received a letter saying there will be an online Skype hearing in a couple of months about this case and the claimant has a couple of days to pay the £25 fee or there won't be a hearing. 

Just wanted to see if anyone can give any advice as it is not fair for this to continue when the claimants didn't even bother sending me the evidence, and I feel it was not sent to the courts either. 

KeithP

What deadline were you given for "Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at hearing no later than..."?

If that deadline has not yet passed, you can't cry "it's not fair" just because you file your evidence early and the Claimant didn't.

Have you written, filed and served a Witness Statement yet?

MonTuesWed

Do you mean the date for the witness statements and evidence? The deadline for that was the 15th of April and I sent my witness statement and evidence by that date. 

Umkomaas

Which parking firm?  Which solicitors?

MonTuesWed

Umkomaas said:

Which parking firm?  Which solicitors?

Hi, sorry for the late reply. It's with CEL and as far as I'm aware they have in-house lawyers. 

The date for them to pay the court fee has passed, should I email the court and see if they have paid first before bringing up that they didn't send me anything themselves?

nosferatu1001

They dont have to tell you theyve paid. 
Youve waited 3.5 months before seeing if they sent the court anything? That seems unwise.  Ask the court if the court has anything, and also state you have not been served antyhing. 

MonTuesWed

nosferatu1001 said:

They dont have to tell you theyve paid. 
Youve waited 3.5 months before seeing if they sent the court anything? That seems unwise.  Ask the court if the court has anything, and also state you have not been served antyhing. 

Not if they sent it to the courts, they didn't send me the evidence they are meant to be using. I contacted the court back in April but never heard back so I assumed that because of the covid situation they decided not to proceed with the claim, but I found out last week that the court has kept it going. 

nosferatu1001

Assumption is unwise.
I knoww aht you meant. Im telling yo ua better route, which is to see if the claimant has 
- failed to comply with the order totally
or
- failed to comply with the order jsut with you.

Obviously the former is worse for them. 
Contact. The. Court. Again. Ask if the court has a copy of the claimants bundle. Email the court stating that on x date you called to find out the claimant had failed to comply with the order of X date in Y way (totaly, or just with you) and you ask this is put before the judge as a preliminary matter as you ask the claimant is sanctioned for breach of court order X date and the bundle struck out. 

MonTuesWed

nosferatu1001 said:

Assumption is unwise.
I knoww aht you meant. Im telling yo ua better route, which is to see if the claimant has 
- failed to comply with the order totally
or
- failed to comply with the order jsut with you.

Obviously the former is worse for them. 
Contact. The. Court. Again. Ask if the court has a copy of the claimants bundle. Email the court stating that on x date you called to find out the claimant had failed to comply with the order of X date in Y way (totaly, or just with you) and you ask this is put before the judge as a preliminary matter as you ask the claimant is sanctioned for breach of court order X date and the bundle struck out. 

Thanks a lot for that. I'll do that tomorrow right away. 
Appreciate all the help from everyone that helps out in these forums, you're all great. 

Coupon-mad

It's with CEL and as far as I'm aware they have in-house lawyers. 

LOL - I'd search this forum for Wonga Scott and you should find threads to inform you, including how people have demolished his template WS for CEL and what it looks like, when and if you get it.

MonTuesWed

Hi all, called the court today and was told that they have failed to pay the court fee. But the judge is still looking at some paperwork that they received yesterday, couldn't tell me what the paperwork is but does anyone have any idea what it might be?