Questions about Schedule 4 of POFA

ihatetrump

I'd love to - and will begin drafting one ASAP - question is the directions and instructions on how to file it?

KeithP

File it with the hearing court - use CourtFinder for an email address.

Coupon-mad

that the Judge will address the future filing of documents etc   at the hearing 

Odd, is it only a 30 minute directions hearing, then?

ihatetrump

yes - 30 minutes only !

Coupon-mad

OK, so this will be a waste of your time and the Judge will tell you that you have no case and will ask if you are prepared to settle.  It's a bit like Mediation only not optional, such a waste of a consumer's time and puts pressure on them.  Horrific.  In a back issue of the BPA's Parking News this year, I read an article where a lawyer was crowing about these hearings resulting in more cases being settled.

ihatetrump

So presumably I still file my WS regardless - or is there any risk in doing this?. What are my responsibilities to copy the claimant and if I leave it until the 14 days before the hearing and they have not filed a WS is it an advantage or a disadvantage? So many questions now and so confusing!

Fruitcake

You file your WS with the court and the claimant as per instructions from the court/court order. This is usually, but not always, no later than fourteen days before the hearing.

Seeing the scammer's WS before the filing date hopefully means you will have time to show it to us so you can include our comments in your WS.
Theoretically, if theirs arrives late you can complain to the court and request a strike out quoting the CPR. In practice, judges seem to give claimants much more leeway than defendants, and generally allow late submission by the scammers without sanction.

If/when you get their WS, please show it to us asap. Only redact YOUR personal data, and tell us if the scammers have redacted anything. Upload it to Dropbox or similar and post the link here.

ihatetrump

@Fruitcake - you state:
You file your WS with the court and the claimant as per instructions from the court/court order. This is usually, but not always, no later than fourteen days before the hearing. -

That's my challenge - I have not received ANY instructions pertaining to the Court appearance - as per the screenshots earlier in this post.

Coupon-mad

ihatetrump said:

Here's the redacted copy of the two notices I received:

note highlighted sentence - there have been no previous directions for filing of documents or witness statements. All there was previously was a notice (dated 5th February) advising of Transfer of Proceedings (CCBC to CCHC) and the sentence ' Details of the judge's directions will be sent to you in a notice of allocation.

I would be contacting the court using the method shown on the letter and asking about the part that you highlighted in green and explaining that you have received no previous directions.

That's what Le_KIrk said to do, when you showed your documents.  Not by phone.

Write a letter to the Court Manager and point out you are assuming this is a Directions Hearing due to it only being 30 minutes, but you have had no instructions whatsoever about filing a witness statement & evidence and believe the court has missed a step, and that the hearing will be wasted if the Judge has nothing to look at from either party.  

ihatetrump

Thank you - to date I haven't contacted them by phone - one email as noted earlier in the thread and tbh a confusing response from the Court manager (29th April). I will contact them again and post their response.

Thanks again to all.