CIVIL ENFORCEMENT taking me to court!

Ralph-y

have a read of

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

Ralph

raydetinu

Apologies Coupon mad.
thanks Ralph-y.
Will do the research.
I really do appreciate your help. Hope I don't have to do this again, but you never know.
Hell of a learning curve, no wonder people just give up.
I probably would of, but got some time on my hands, due to the crisis..
good job I have a pension to keep me going.

raydetinu

Hi all,
just got letter from court.
have got a face to face hearing on the 14th December, court bundle to be in by 19th November.
so here we go, get documents ready. If I have any more questions will get back to you.
I am sure I will? thanks again for all advice, support etc.

raydetinu

Just putting together my documents etc. but have a questions about the letter received from the court;

• have to submit all documents to the court and the claimant by 19th November each page clearly numbered:- does that mean each page individually numbered or in each section? I presume this can be in an E mail or emails and the court will print of?
• Take copies of above to court.
• The Applicant must 3 days before the hearing provide the court with a bundle for use by the judge and ensure each advocate has access to a copy: - does Applicant mean claimant? not me? also will that be a hard copy and will it include my submissions?

New to all this, so please forgive my ignorance!
My documents will be, I will not post, so will sink or swim on what I say.

• Defence Statement, as already submitted
• Witness statement; event with photos, poor signs etc.
• supplementary WS: abuse of process, previous judgements CRA etc.
• Brittania judgement
• statement of costs.

Points to raise in court;

• signage unclear, especially at night, therefore no contract.
• Authority of claimant to sue.
• Claiment WS signatory not here?
• added fees breaches CRA and supreme court rulings.

HELP! please.

Le_Kirk

If it is F2F than the court should have your defence (sent from CCBC) but it never hurts to have a copy in your back pocket for the day of the hearing.  As to the rest, the letter from the court should tell you what you have to send/take.  In pre-covid days the advice was always to hand deliver a bundle to the court as they would not print it for you.  If you have been instructed to deliver hard copies, that is what I would do.  If they have said e-mail, that is what I would do.  Don't forget to send copies of everything to the claimant.  Your list seems complete.

Coupon-mad

does that mean each page individually numbered?

Yes.

'Applicant' is a person who has made an application using an N244 - such as a person seeking to set aside a CCJ.  That's not your case, is it, according to your thread title this is just a bog standard claim and defence situation.

No-one does this any more, there is no need (this was just an interim position for people in the Spring whose defences didn't cover it yet):

supplementary WS: abuse of process, previous judgements CRA etc.

Look at the witness statement example in the NEWBIES THREAD.  There is only one.

raydetinu

hi, thanks again.
so Coupon-mad, are you saying I do not need the supplementary WS now? as covered in defence statement which it is?
In letter from court it just says SEND to the court and Claimant, nothing about hard copies,so presume email will be ok as have done so previously?
It does say I have to bring hard copies with me.
As for numbering, does every page have to be consecutive or just each section.
Thanks again for your comments and advice.

Coupon-mad

Coupon-mad, are you saying I do not need the supplementary WS now? 

You do not need it but you do have to mention the added £70 (or whatever) using and adapting the example WS in the NEWBIES, which shows how to cover the Semark-Jullien case that they will try to mislead the Judge about.  This is why there is no 'supplementary WS' in the NEWBIES.

Every page must be numbered, every paragraph numbered and every exhibit given a number starting with your initials.

raydetinu

hi, thanks again.
Has anybody got any answer on; if submitting my stuff by email will be acceptable or do I have send hard copies to the court.
I have asked the court but no answer yet?

Ferrybird

I think @Le_Kirk has already answered this above for you.
Each court has different rules on how they are accepting documents, but most seem to be email at present. 

Technically you need the claimant / the claimants representatives permission to serve documents via email to them (according to civil procedure rules).

Make sure you have proof of serving on the claimant on the day for the judge as their reps have had a number of cases adjourned in the past few months due to claiming they haven't received documents.