PPS delayed payment on entry advice

Devonisheaven11

SayNoToPCN said:

Devonisheaven11 said:

KeithP said:

Devonisheaven11 said:

Coupon-mad said:

No, that's up to the Claimant's solicitor, as long as you supplied everything you want to rely upon, to them and to the court already.

The Order probably tells you about supplying your phone number by xx date to the court, for the phone hearing? 

 If not, then further Directions will add that info nearer the time.

Ok, thanks. The court has my number so that's not a problem. The court and claimant also both have my WS and exhibits and defence so I think everything is in order. 

But...

isn't that Order instructing you and the Claimant to agree a combined bundle that the Claimant will email to the court?

The point here is that the Judge will probably not have access to the court's paper files - may even be working from home - so he needs to be able to access an electronic copy of everything.

Ok thanks, that's what I had initially thought but I'm not sure exactly what to send to them. They have all of my details, documents and letters from the claimant. What else do they need ?

your agreeement on what to send!

That is what the court is ordering YOU to do . You reach agreement on the contents of the bundle
FOr eaxmple your WS might have a copy of the NtK in it, and so might theres. To save obvious duplication you can agree that the NTk exhibited will be your copy . Or theirs.

Ultimately you have a court order. YOU must comply with it, or else you could find yourself losing. You can ask about the whys all you like, but it doesnt alter that, and that is what is most important here. While "just do it!" isnt always nice to hear, even if you disagree you dont have a choice - the court has told you, so you do. To not do is foolish

I was never going to not do it but as I've never done this before I'm not quite sure what exactly I need to agree upon. I guess I'll just send them a list of the items that I intend to rely on at the hearing, including my: defence, WS and exhibits, copies of letters from the claimant and BW legal ? 

Coupon-mad

Yes or send them attachments of everything and say that you require them to include all of the attached.

SayNoToPCN

Yep, likek any negotiation you start with your position
Your position is you want everything included
They might accpet that or counter. If they counter, is their  counter acceptable or reasonable?
and so on. 

Devonisheaven11

Hi,

I hope your all having a great summer so far!

My telephone hearing is due on Tuesday the 6th and I have been working on a crib sheet to help me through the hearing.
BW legal is going to be representing PPS at the hearing. 
I feel like I'm going to run of stuff to say with my limited knowledge of the legal documents and brief defense, is there anything I should definitely avoid saying?

Cheers

Coupon-mad

BW legal is going to be representing PPS at the hearing. 

No they won't.  A 'hired gun' legal rep will, a random person who will be legally trained but not familiar with your case whio will have been emailed the bundle that morning I expect. You have an advantage as the only witness in the call.

Nothing to avoid saying.  Listen to what their rep says first, then it's your turn.  Point out any errors of fact or holes in their evidence then summarise what your defence actually is - and make sure you understand why parking firms can't add false costs of £60 on top of an already-doubled parking charge.

If you win, don't be scared to ask the Judge at the end for your costs if you've taken a half day off work.

Devonisheaven11

Coupon-mad said:

BW legal is going to be representing PPS at the hearing. 

No they won't.  A 'hired gun' legal rep will, a random person who will be legally trained but not familiar with your case whio will have been emailed the bundle that morning I expect. You have an advantage as the only witness in the call.

Nothing to avoid saying.  Listen to what their rep says first, then it's your turn.  Point out any errors of fact or holes in their evidence then summarise what your defence actually is - and make sure you understand why parking firms can't add false costs of £60 on top of an already-doubled parking charge.

If you win, don't be scared to ask the Judge at the end for your costs if you've taken a half day off work.

Cheers for your message, that's helped my confidence. I'll give it my best shot!

Devonisheaven11

Thank you for your help, unfortunately, it didn't go my way. My delayed payment defence was apparently still in breach of their terms and conditions and the judge found them in favour.
What's worse is my phone signal cut out near the end of the hearing and I couldn't get back in, therefore I haven't yet received an official closure. I tried calling back immediately but was met with an automated recording. I also called the court office and they couldn't get hold of the judge either, they said all I can do is send in an email and wait for the order result in up to 10 days.
Is it worth forwarding another email to the judge to explain what had happened, I have already sent one addressed to the court. 

D_P_Dance

Is it worth forwarding another email to the judge to explain what had happened, 

Of course it is.  Suggest that if you could not complete the hearing, that it be reheard in its entirety.

Le_Kirk

D_P_Dance said:

Is it worth forwarding another email to the judge to explain what had happened, 

Of course it is.  Suggest that if you could not complete the hearing, that it be reheard in its entirety.

Worth a shot but I wouldn't be stating that "my phone lost signal" or anything else that might lead the court to assume that it was you fault.  I would blame a technical hitch on the court/BT/whoever provided the system because actually you don't know where the fault occurred!

Devonisheaven11

Cheers for the advice.
The hearing had progressed enough for the results to be pretty definitive. 

 I’m not sure there would be much use in repeating the hearing after I had already lost.
I guess the next step is to pay off the fine to avoid a ccj once they have sent the invoice ?