Small claims court - general advice please

Coupon-mad

"If Elms start talking about 'trespass' like numpties, point out the claim wasn't pleaded on that basis and VCS are not in possession of the land so cannot argue a claim on the basis of loss or damages flowing from trespass (the landowner could)."

However, I note this from a similar case - Excel Leasholder WS:

"As the lawful occupier of the site, Excel Parking Services Ltd (the operator) is able to exercise the same rights (with limited exceptions) over the land as the Landowner"

Does this have any bearing on the initial comment?

You counter that with the Beavis case:

97.ParkingEye concedes that the £85 is payable upon a breach of contract, and that it is not a pre-estimate of damages.  As it was not the owner of the car park, ParkingEye could not recover damages, unless it was in possession, in which case it may be able to recover a small amount of damages for trespass. This is because it lost nothing by the unauthorised use resulting from Mr Beavis overstaying.''

nosferatu1001

You serve on the address shown and to the entity shown on the claim form. It tells you explicitly, with zero ambiguity 

they are in no way the occupier, and you put them to strict proof that they are 

firmaten

Thanks all.

@nosferatu1001 on the Claim Form there is the a "Claimant" section: (Excel Parking Services) and there is an "Address for Sending documents and payments" section: (Elms Legal Limited)

nosferatu1001

Yes, as we know.  So guess where you send documents?

firmaten

Well as you put it like that :-).

Though in my defence, they are sneaky, I’ve not been through this process before and I wanted to be explicitly sure.

firmaten

Hi All,

My case is coming to court shortly (days).

I was originally scheduled for an in person hearing but have now received an order advising of remote hearing using Ms Teams due to Covid. The order in question advises that the claimant needs to submit an electronic bundle which should contain the documents necessary for the trial. It goes onto say that this “Should be agreed” which implies liaising with me. I’ve had no contact from the claimant as yet – I’m just wondering if any further action is required on my part? I have complied with the rest of the order in questions (remote contact details etc). Also note I originally submitted my defence and WS via email.

On another note – the claimant has indeed failed to serve their witness statement (at least to advised and acknowledged address) I intend to raise this with the Judge – without wanting to unnecessarily labour the point – is this likely to make any material difference?

Coupon-mad

Yes it could and should win the case for you.  I wonder if the Claimant has discontinued and not told you?

Why not ring the local court and double check that the hearing is going ahead because you have not received the C's WS or any evidence and wonder if they have discontinued it, or if indeed the court has received any WS & evidence from the Claimant, or not? 

That will help you know what's what and you can always follow up with an email for the attention of the presiding Judge in readiness for the hearing at xxx (time) on xxx (date) for claim number xxxxxxxx and state that the Claimant has failed to follow court directions and has not sent you their witness statement or evidence, nor contacted you to agree a bundle, and as such you wish to be awarded your full costs, due to the wholly unreasonable conduct of this legally-represented serial litigant who has made your life a misery and wasted your time and money as well as that of the court.

nosferatu1001

AS above
You also need to make sure you are seen to comply with that order
So, if you dont hear anything from the claimant, resend your defence AND WS AND evidence as a single indexed PDF, apologise thast this is only  Y OUR bundle in a covering letter. Explain you were not contacted by tyhe claimant, who also hasnt served yyou their WS (etc) 

D_P_Dance

If they have cancelled and not told you, read this,

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

firmaten

Thanks for the responses.

I have just contacted the court and it's still going ahead. The claimant has apparently sent the defence and WS to the court via email.

A plausible explanation of me not getting their WS is that I changed address from where the original LBC and claim form was sent. That being said I advised of the change of address and they acknowledged their records had been updated.