Allocated to Small Claims Track but being “disposed of without a hearing, on papers alone” - Advice

Th3Doc

Hi apologies if this has been answered before but I can’t find specific advice on this. I have followed all the advice on the newbies thread for dealing with Britannia Parking/BW legal claims, and have got to the point of ‘Notice of Allocation to the Small Claims Track’. The notice says ... The Court has determined that this case is suitable to be disposed of without a hearing - that is on the papers alone. 
BW Legal have already submitted their agreement and have sent me a copy of their completed N159 form.
Is it best to agree with this or go for a full hearing?

Ralph-y

No .... full hearing only

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

Ralph

Th3Doc

Ralph-y said:

No .... full hearing only

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

Ralph

Thanks Ralph, that link seems to be referring to a telephone hearing tho? My letter from the court is saying that “the case is suitable to be disposed of without a hearing - that is on the papers alone.”
It goes on to say-
The parties should note that:
a) if they agree to the disposal of the claim without a hearing, they will be able to file documents and evidence in support of their cases
b) they will have the opportunity to file a response to the documents of the other party
c) the judge will give short written reasons for the decision
d) a hearing is likely to take longer to arrange and therefor it will take longer to dispose of the case than if it was dealt with by consent on the papers

Ralph-y

again ..... the answer you give is No ... opt for the full hearing

in a papers only the scammers and there solicitors can say anything they like and you can not comment!

The solicitors would love you to say 'papers' saves them time and money

the telephone link is most likely the out come due to the pandemic.

Ralph

Umkomaas

You object to the hearing on the papers (doesn't the link @Ralph-y gave tell you that and how to phrase a response)?

A telephone/video hearing is the best you're going to get while we're in lockdown, everyone is getting one of those right now. 

Do not agree to 'on the papers', the few we have seen decided by that method have all been lost by the motorist. Remember, the legals putting together the claimant's legal submissions (papers) have one advantage over you ....... they do this as their day job, it's what they've been trained to do!

KeithP

Do not agree to a hearing on the papers.
You will be at a severe disadvantage if you do.

Le_Kirk

This was part of that thread linked by @Ralph-y: -

And that they do not want a hearing on the papers either because they are well aware that parking firms are known to put in last minute ambush supplementary or late witness statements.  As such, the fear is that the Parking industry's experienced robo-claim litigation teams might take advantage of NHS frontline Defendants and other vulnerable people who simply cannot liaise at the present time; people who otherwise have very good evidence that they really wish for the court to see, in a face to face hearing later in the year giving them a fair opportunity to prepare and to benefit from visual cues that undoubtedly help a litigant in person.

and: -

Nor do you feel that a hearing 'on the papers' would be acceptable because parking charge cases are those where the Claimants have the advantage of legal representation and always file an overwhelming bundle of irrelevant photos and 'evidence' by way of last minute ambush, that only a true witness who knows the car park, can expose at a hearing, given that fair opportunity.  As such, the court and Claimant are asked to note that your preference would be a face-to-face hearing in person later in the year, after the current crisis is over, in which case you will provide the court with hard copies in good time before such a hearing.

Whilst you may not be NHS or frontline and part of the reason for posting those words at the time was to object to a telephone hearing, the words are there - you do NOT want a hearing on papers.

Th3Doc

Le_Kirk said:

This was part of that thread linked by @Ralph-y: -

And that they do not want a hearing on the papers either because they are well aware that parking firms are known to put in last minute ambush supplementary or late witness statements.  As such, the fear is that the Parking industry's experienced robo-claim litigation teams might take advantage of NHS frontline Defendants and other vulnerable people who simply cannot liaise at the present time; people who otherwise have very good evidence that they really wish for the court to see, in a face to face hearing later in the year giving them a fair opportunity to prepare and to benefit from visual cues that undoubtedly help a litigant in person.

and: -

Nor do you feel that a hearing 'on the papers' would be acceptable because parking charge cases are those where the Claimants have the advantage of legal representation and always file an overwhelming bundle of irrelevant photos and 'evidence' by way of last minute ambush, that only a true witness who knows the car park, can expose at a hearing, given that fair opportunity.  As such, the court and Claimant are asked to note that your preference would be a face-to-face hearing in person later in the year, after the current crisis is over, in which case you will provide the court with hard copies in good time before such a hearing.

Whilst you may not be NHS or frontline and part of the reason for posting those words at the time was to object to a telephone hearing, the words are there - you do NOT want a hearing on papers.

Thanks so much for this clarification, as it happens I do work for the NHS as a Community Mental Health Nurse and sadly we are extremely busy. :-(

Le_Kirk

From what I have read on the forum, some defendants are able to conduct a telephone hearing in their lunch break (whatever one of those is!)  The main thing is to object to the hearing on papers.

Coupon-mad

The telephone hearings thread linked gives you the words you need, then.