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PPS / BW Legal Claim - Paid for parking, incorrect Vehicle Registration Number - WON

1456810

Comments

  • As ive had quite a few interest from people regard a word copy of my court bundle  ive decided to add them all to dropbox to allow you all to have access to them and adjust them to your case.

    https://www.dropbox.com/sh/jk6q0blea4vb9p2/AAAJDVt-NE_GR3pZX3KHRX14a?dl=0

    Update on my case, just had confirmation of it being allocated to the court that is local to me, and i am due to go away within the week.

  • Were_Doomed
    Were_Doomed Posts: 699 Forumite
    500 Posts Name Dropper Photogenic
    edited 27 November 2020 at 12:38PM
    Further to the above ... if it's to be a video or phone hearing then you being away may be less of a risk, as long as there's someone available to open your mail and contact you. Make sure that you do NOT agree to a hearing On The Papers.
  • Chico_talent
    Chico_talent Posts: 70 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 27 November 2020 at 6:33PM
    There is a possibility of me missing it. I have said when I'm not available on the DQ which is anything before April. 

    My wife will be around to open my mail and contact me via email with anything important. 
  • You can 'compress' a PDF to reduce it. 

    And solicitors use WeTransfer for court documents:

    https://wetransfer.com/

    And a site like ilovepdf.com can be used to compress a PDF: I use it myself to compress scanned PDFs to a more reasonable size, and can save up to 80-90% on file sizes.

    #NotSponsored
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Or you can split the pdf in two and email each part separately
  • I've put the date I'm not available on the DQ and have prepared a letter stating i do not want a paper hearing that my wife can send to the courts of required. 

    Im just waiting a letter now from the court allocating a date
  • Hi all. As you can see from above I've just had my application date. But the order is a bit confusing. So I'll do it para to tie in with the application form. 

    3. So I've got to arrange the telephone hearing?? How do i do that. 

    4. All parties have to inform the party organizing the hearing (i take it that's me) of contact details. Does that mean i have to inform the court and the claimaint my contact information or is the court and the claimant going to send me there's. 

    9. Is that my witness statement as its already part of my bundle. 

    11. I have to send all document i want to rely on. That essentially my court bundle, right?? 

    12. Agree a bundle?? 

    13. I'm to send the bundle to turn court. But o would have already done that by para 9?? Also do i have to make one bundle that contains all of the claimants information on it. 

    Im sorry of this seem easy for you to understand but doesn't make total sense to me. Seems like im sending the same information 2 different time contacting the same information. 

    Thanks in advance 
  • Coupon-mad
    Coupon-mad Posts: 152,861 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 January 2021 at 2:24AM
    I've seen this error before.  Someone I was helping was told she had to arrange the phone conference, even though the Claimant was the represented party!  I got her to ring the court and point out their mistake and that it is impossible and a huge burden for a litigant in person defendant!  This is a mistake.  Ring the court and email them and then follow up by Friday if they haven't put this error right.

    Also agreeing a bundle (i.e. making sure both sides' evidence is all there in one PDF) is the remit of the represented party (Claimant) so that is wrong too. 

    Make sure you point out both errors and express the urgency of the situation and that you can't have the hearing postponed because you are likely to be posted abroad with the Military in the Spring.
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  • Okay ive just emailed this to the court and the claimant. 


    Dear Deputy District Judge xxxxxxx, 

    Claim Number xxxxxxx - Hearing Date: xxxxxx
     - Important Preliminary Matter


    1.       I am the Defendant in this matter. I have recently received Notice of Allocation to the small Claims Track (Hearing), which ORDERS ME to follow your requirements prior to the hearing. 

     

    2.       I am a member of the Armed Forces currently serving on an active front line Submarine, HMS xxxxxx. As such, I deploy to sea for various and unspecified amounts of time. Due to the nature of Submarine operations, internet connectivity and access to emails is not a regular occurrence and can be completely disconnected due to emergent operational circumstances. HMS xxxxxx is due to deploy on the xxxx until xxxxxc, although this date may change for operational reasons.

     

    3.       Although this date allows me to attend the hearing on xxxxxx, it does make it difficult to comply with Para 13 of your Order, namely to compile a Trail Bundle complete with mine (defendants) and the claimants documentation. More over, I am concerned that whilst I am deployed I will not have the connectivity or resources to create such a bundle as ordered, whilst onboard the Submarine.

     

    4.       All documentation I intend to rely on for the court case has already been produced and is ready to be sent to both the court and the Claimant. I have instructed my spouse to forward them as ordered by the 18 Jan 21.

     

    6.       I respectfully request that the court ORDERS the Claimant to compile the required Trail Bundle as laid down in Para 12 and 13 of the Notice of Allocation which will contain both of our documentation. This appears to be a credible solution as I have already made ready all my documentation and will forward it to the Claimant and their highly skilled team of solicitors who are able to produce the required PDF file, including all my documentation which they will receive by 18 Jan 21.

     

    7.       I would like to apologise in advance for the inconvenience this might cause the court and the Claimant and hope that you can understand the difficult and unique circumstances my job in Her Majesty’s Armed Services can cause.  

     

    8.       I respectfully request that any reply be sent to both xxxxxx and xxxxxx

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