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Defence template adjusted for parking charges.

1235711

Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 14 May 2021 at 10:39AM
    You don't stand anywhere , you sit and wait for the court instructions or new order

    These missing details seem to happen a lot
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    DBTHype said:
    Ok, so my Dispute Resolution Hearing by telephone was yesterday between 10.00 and 13.00.
    I did not receive a call off the courts, I've had no missed calls or any txt's of missed calls, also checked emails and had no email?
    Today I have called the County Court and they have said they do not have my contact details on record and I am to await the order from the court.
    Where do I stand?

    I did send witness statement and telephone contact details by email and have the returned email conformation from the court.
    I would not wait.

    I would forward your email and their receipt, to the court and mention you phone conversation and say how alarmed you are that you were not given access to justice and that the dispute resolution hearing appears to have gone ahead without you.

    Ask that your email is URGENTLY placed before the Judge who heard the case yesterday because you believe it can only be fair to re-list the hearing.
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  • DBTHype
    DBTHype Posts: 53 Forumite
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    Thanks.

    I've forwarded my previous emails of WS and contact details along with an explanation and a request to re-list the hearing.
    Now I'll sit a wait.
  • KeithP
    KeithP Posts: 41,296 Forumite
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    DBTHype said:
    Thanks.

    I've forwarded my previous emails of WS and contact details along with an explanation and a request to re-list the hearing.
    Now I'll sit a wait.
    That's good.

    Don't wait too long. If you haven't had a response by (say) next Wednesday, ring the court and ask what's happening.
  • DBTHype
    DBTHype Posts: 53 Forumite
    Third Anniversary 10 Posts Name Dropper
    Hiya.

    Had the order through today. Obviously the defence has been struck out on the grounds of not providing a contact telephone number. 
    Payment to be made by the 1st of June.

    What do I do? 
  • Jenni_D
    Jenni_D Posts: 5,473 Forumite
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    So did you call the court in the intervening period, as advised?
    Jenni x
  • DBTHype
    DBTHype Posts: 53 Forumite
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    I have called. I was told my contact details were not on record and I was to await the order.
  • DBTHype
    DBTHype Posts: 53 Forumite
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    Hi.
    So I have called Birmingham County Court again this morning and explained I have had my defence struck out failing to provide a contact telephone number and ordered to pay the total sum by 1June 2021.
    I mentioned I had sent this by email and in due time. Which I did twice as I made a mistake on the first email I sent them. 
    Upon checking it appears they do not have this information and I was told to note the conversation and my concerns and get them sent over to the courts by.............email!

    This is the order received:That is all I have been sent, nothing on the other side except address and the second sheet that was sent with it is blank apart from the date of the hearing.
    Am I missing something here? like info on how to make payment or how to appeal against the decision?

    Also it says "the court finding that the defendant has failed to comply with the court's directions order dated 20 March 2021" when the (Notice of Allocation to the Small Claims Track) is dated 30 March 2021.
  • Umkomaas
    Umkomaas Posts: 43,826 Forumite
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    That deadline date of 1st June (next Tuesday) for payment looms large. If you don't pay by that date, you've got a CCJ blitzing your credit rating for 6 years. Essentially, after today, you only have tomorrow (Monday is BH and courts will be closed) to get anything resolved to halt this in its tracks. 

    You should pay the full amount (no payment plan, which still leaves your credit rating shot), then seek to have the judgment set aside, for which there is a cost (but the court may decide that they have some culpability and waive it), and get this reset, with the prospect of recovering your money.  I'd contact PPL's solicitors (is it DCB Legal?) and arrange the payment through them. You need to also get a copy of proof of your payment to the court so they don't record you as a defaulter on the payment. 

    I hope that forum set aside expert @henrik777 sees this post today, and can confirm that my advice is correct. 

    I'm afraid time and circumstances are not on your side. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

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  • Jenni_D
    Jenni_D Posts: 5,473 Forumite
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    edited 27 May 2021 at 11:21AM
    Obvious question, but ... does the claim reference match your own actual case?

    The 20/30 difference can be explained by way of a typo.
    Jenni x
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