NCP parking ticket- I won!

Eminowa

We received a letter from the court today dated the 3rd of Sept. Talking about notice of allocation to the small claim court. 
The 14th paragraph says as follows " Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.
Date 20 August 2021.

What does it mean please? Am confused.

Coupon-mad

That's how all orders end, just in case either party thinks the order is wrong.  Standard paragraph.

Obviously, it's not wrong and all as you should be expecting.  The NoA is mentioned in @bargepole's court procedures thread, which I linked in the NEWBIES thread under the red heading 'IMPORTANT - KNOW WHAT HAPPENS WHEN'.

Eminowa

So why is the date 20th of August 2021 when the letter was written the 3rd of Sept.  I don't get it

MalMonroe

Eminowa said:

So why is the date 20th of August 2021 when the letter was written the 3rd of Sept.  I don't get it

Hi, the order was made on 20th August 2021, so that was the date they put on it. The letter referring to the order wasn't typed until 3 September 2021 so that is the date on the letter. That court is obviously very, very busy!

Being a legal establishment, they have to put the correct dates on all paperwork. 

But the Order now having been served, it doesn't seem to give much time for anyone to apply to have it set aside, varied or stayed, since they only allow 7 days.

Eminowa

Ok, but in the beginning of the 14th paragraph. It says "because this order has been made without a hearing".
What does it mean by made without without a hearing?
 And do we still write our WS n exchange it with the other parties? If yes then when does the 14days for WS exchange starts? 
Besides no court date set yet.
If I could rmr my own parking ticket case wasn't like this. But no sure now bcos it's been a while

Redx

It means that the judge has decided those details without the claimant or defendant being present , so of its own volition , meaning that you wait for another court letter with further instructions

The new letter will mention exchanging and submitting WS by both sides to the other and to the court , so unless the claimant discontinues. , WS stage is next on the agenda

If it doesn't specify a timescale , then you must assume that it's 2 weeks before the hearing , it's procedure to do this , the court can order a different timescale but 2 weeks is standard

So when you get a court hearing date , assume that it is 2 weeks unless told different

Eminowa

Now I understand it better now. Thanks. So we wait on the court letter on WS. Am assuming the claimant hasn't contacted the court to continue.
Can there be a hearing if the claimant hasn't paid a hearing fee?

Umkomaas

Eminowa said:

Now I understand it better now. Thanks. 1. So we wait on the court letter on WS. Am assuming the claimant hasn't contacted the court to continue.
2. Can there be a hearing if the claimant hasn't paid a hearing fee?

1. You'll get a letter informing you of the date of the hearing, it won't be about the WS per se, but should contain something about by when to submit the WS - see @Redx's post above if no specific date is shown for the submission. 

2. Probably not, but I wouldn't put any great reliance on that happening, or the court details being bang up to date. Many are some days/weeks behind schedule on the admin side of things. 

Redx

Eminowa said:

Now I understand it better now. Thanks. So we wait on the court letter on WS. Am assuming the claimant hasn't contacted the court to continue.
Can there be a hearing if the claimant hasn't paid a hearing fee?

All will be revealed when the court letter arrives

No pay , no hearing , wait for the court letter , the court decides what happens next , not the claimant , not you either

Have some patience and wait

Coupon-mad

Except, double check that this Order doesn’t state the ‘14 days before’ deadline because they won’t remind you of that if this Order covers it.

Sometimes people ignore what this NoA Order says, then get the hearing one and WRONGLY think that they only have to file and serve their WS and evidence 3 days before the hearing because they never read this NoA properly.  Don’t do that.