Defence template adjusted for parking charges.

Coupon-mad

UPON reading the application from the Defendant and the accompanying witness statement and emails to and from the court, and it having become apparent that the court did have the Defendant's telephone number and due to clerical error, failed to include the Defendant in the hearing
IT IS ORDERED THAT


Get rid of 'pending the hearing of the application' from #1  because there ISN'T a hearing of the application, the Order will be after the Judge has considered it!

Remove 'should the court agree that this was there error' from #5 and #6 because if the Judge agrees, he./she will be signing this and agreeing!

The Draft Order should not have actual dates, just xx/xx/21 so the Judge can fill the dates in, and it must be attached as a WORD DOCUMENT for editing (unlike your WS and copy emails which should be on one merged PDF attachment to show the Judge the error.

DBTHype

Thank you. I'll get it amended and reposted.

Is there a time limit on making an application?

Coupon-mad

You know there is, as the Order tells you (I expect) that you have just seven days from receipt of the order to apply to vary or object. 

SEVEN DAYS from when it arrived. Hurry up!

DBTHype

I posted the order on here there is no mention of a time limit? only the date I had to make payment.

Coupon-mad

Then you assume it's seven days and crack on - do it TODAY.  Make sure your WS includes the evidence that you paid the sum ordered (receipt/screenshot/bank statement) but states that this was not because you accepted fault, but to protect yourself until such time as the court Judge could review the court error that has led to this injustice.

DBTHype

Ok, so I have...
1 x Application notice (N244) completed - PDF
1 x Draft Order amended as above - docx 
1 x Witness Statement with merged emails from myself to and from the court + copy of receipt for payment made - PDF

I'm about to send this over to the court by email. Going by recent experience I'm not exactly filled with confidence that this will even be viewed let alone acted upon.
I have printed copies off of each so should I also get myself up to the court in the morning and get it dropped off in their drop box?
Do I also have to send a copy of all three to the Claimant?

Coupon-mad

I would copy in the Claimant and if you want to take paper copies to the court and impress upon the staff the urgency, then why not?

DBTHype

Hi Folks.

I require your assistance again please.

So my application notice was accepted and the new date for a telephone hearing is in October. On the Notice of Hearing of Application I've been sent it states (To enable this hearing to be conducted remotely by the Judge, the parties are directed to agree a core bundle of documents).
Must I put together a core bundle as suggested in the guidance sent with the Notice of Hearing of Application or will resubmitting my original witness statement be sufficient.

Jenni_D

Usually it is the legally represented party that compiles the bundle. What exactly does the notice say?

DBTHype

I have been notified by the claimant that they are to serve an agreed bundle soon.