CCJ - What to do next!?

Coupon-mad

You ask, what is what is a witness statement? If you want to lose this is the right way to go about it. 

The NEWBIES thread tells you about what you must do and when and that defence is not your only job. 

Drbw

Coupon-mad said:

You ask, what is what is a witness statement? If you want to lose this is the right way to go about it. 

The NEWBIES thread tells you about what you must do and when and that defence is not your only job. 

I filled a defence back in January. I can paste it here if helpful. It has a sentence or two about signage not being lit, then references consumer rights act and Beavis etc. I think as per the guidance. But it was some time ago now. 

I received a questionnaire from the court (as above) which I emailed back on the 16th of this month. It asked about a remote hearing but I have heard nothing back, and as far as I know, the hearing is in person on the 2nd of July. 

I got two letters this week from the other sides legal team 

- Hearing bundle
- Witness statement

Neither are 2 weeks before the hearing. Their letters are dated 21nd and 22nd of June and I received one yesterday and the other on Friday. 

Le_Kirk

Have you submitted your witness statement and evidence?

Umkomaas

If you haven't yet filed a WS and your evidence you're rapidly sailing into sh*t creek. You need to rattle one and your evidence together and get them emailed to the court and the claimant.  Look at the example put together by @jrhys and use that as your framework. This is so desperately near the wire now. 

Have a look at the letter from the court which confirmed the location of your hearing - it will say something like 'each party to serve documents on which they are to rely upon by ..... (either date, or x days prior to the date of the hearing)', possibly on the reverse side of the letter. 

Drbw

Umkomaas said:

If you haven't yet filed a WS and your evidence you're rapidly sailing into sh*t creek. You need to rattle one and your evidence together and get them emailed to the court and the claimant.  Look at the example put together by @jrhys and use that as your framework. This is so desperately near the wire now. 

Have a look at the letter from the court which confirmed the location of your hearing - it will say something like 'each party to serve documents on which they are to rely upon by ..... (either date, or x days prior to the date of the hearing)', possibly on the reverse side of the letter. 

Okay yes found that: "Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing". 

FWIW the claimant only sent these to me within the 2 week window, but maybe they did submit them to the court prior. 

Will look for @jrhy appreciated work now, and try and smash together a witness statement. I didn't realise it was different to the Defense already submitted. Guess this is in the Newbie thread. 

Then should I email it to both the court and the claimant? I don't know whether the hearing will be online, I called the court and the recorded message said not to harass them unless its within 24hours of the hearing. I did say I prefer face to face on their questionnaire, so not sure if they'll agree to it - unlikely. 

 

Umkomaas

Then should I email it to both the court and the claimant?

Yes to both. Remember it's to the court your case has been allocated to, not the Northampton CCBC, to where your defence was submitted. 

FWIW the claimant only sent these to me within the 2 week window, but maybe they did submit them to the court prior.

They will have done it simultaneously in all likelihood. Yes a failure on their part to comply with the court order, but less of a failure than on your part. Don't go there!

I don't know whether the hearing will be online, I called the court and the recorded message said not to harass them unless its within 24hours of the hearing. I did say I prefer face to face on their questionnaire, so not sure if they'll agree to it - unlikely. 

Did it not indicate the format of the hearing on the letter of allocation?  With Covid Delta erupting exponentially, there's little prospect of meeting any Judge face-to-face for a small beer parking charge. I'd ignore the '24 hours' and get back on to them. If it's telephone or video link, they will need your contact details in order to set the hearing up.  Even if you provide the details over the phone to the court, follow it up in writing via email. 

Drbw

Okay, sent off the Witness Statement to both the local court and the claimant. I can not claim it to be the most svelt defence ever registered and I do not yet understand the case law and previous cases I cited, but happy to have sent it off. 

With the claimant submitting within the 14days themselves, and the disruption and lack of clarity re. the hearing being online or in person, I was not aware of the need for the witness statement until I received the letter from the claimant and then you guys looking out for me. Thank you!

I have asked the court again for the hearing to be in person. I am dyslexia (a registered disability under the equalities act 2010). Not being familiar with the processes of a court, let alone one conducted by remote software, I requested the hearing be in person. 

I have no idea what the court will do. These cases must be an inconvenience for them at a time when they have a big backlog and limited resources. These legal firms - which strike me as not far removed from mafia protection rackets - seem to be abusing the covid online measures to intimidate people knowing that they can attend court from their office. 

Any tips on the case law outlined by Jrhy appreciated. I need to prep for Friday, and will call the court on Thursday to ascertain where the hearing is taking place. 

Drbw

Umkomaas said:

Did it not indicate the format of the hearing on the letter of allocation?  With Covid Delta erupting exponentially, there's little prospect of meeting any Judge face-to-face for a small beer parking charge. I'd ignore the '24 hours' and get back on to them. If it's telephone or video link, they will need your contact details in order to set the hearing up.  Even if you provide the details over the phone to the court, follow it up in writing via email. 

It is a standard format letter that states near the beginning:

"The claims will be heard at the County Court at Central London, Royal Courts of Justice..."

Later it talks about Remote Hearings outlining how they are conducted.

Then I got the Court questionnaire where I responded that I prefer an in-person hearing. I reaffirmed this just now. The Court has my email address, so might just send me a link to join the hearing. 

Coupon-mad

Tips on what case law exactly (name of cases please)? 

What do you need to know and understand better?  Please do read the transcripts you hopefully appended as exhibits like @jrhys did, and see what the Judges are saying in each case.  Excel v Wilkinson for example, is dead easy to understand.

Drbw

Coupon-mad said:

Tips on what case law exactly (name of cases please)? 

What do you need to know and understand better?  Please do read the transcripts you hopefully appended as exhibits like @jrhys did, and see what the Judges are saying in each case.  Excel v Wilkinson for example, is dead easy to understand.

Maybe a naive question, what is the difference between the Defense and Witness Statement? 

1) Surpreme Court and ParkingEye - signs were not 'bound to be seen' - I think this most relevant to my hearing, is there any precedent re. signs being lit? 

2) ParkingEye Ltd v Beavis 2015 is about parking firms charging extra ontop of the fine? What do I need to know here? I think I understand - the charge on the signs is legitimate, but by this logic, additional costs are not legit legally? 

3) Re. the claimant and landowner contract. I am on speaking terms with the manager of the site where I was parked. I haven't asked them to put something in writing for me, as I don't see him often, and we're working - both extra busy due to covid and have various pressures. But I am sure he is unaware of this case, and probably would be helpful if we had the time to connect. 

4) Hancock v Promontoria (Chestnut) Limited [2020] EWCA - is this re. the claimant proving they have a legitimate right to act on behalf of the landowner? What is it they should provide to prove this? I'm not 100% clear on this. 

5) Abuse of process - the quantum 
Britannia Parking v Crosby (Southampton Court 11.11.19) - charging more than the displayed sign is unlawful. Why?

6) What is tort by deciet? 

7) I would like to make the point that the law firm and claimant are abusing covid-related temp measures. And ask if they are acting in an opportunistic manner to make claims using remote hearings, as their costs attending court would nullify any profit under normal times. Is there any precedent with this angle of attack. I simply wish to question their creditability and highlight their opportunistic and parasitic nature!