Brittania parking/BW legal taking me to court

Le_Kirk

Coupon-mad said:

You need to read page 10 (or is it 14) in the middle of the TELEPHONE HEARINGS thread.  This is all explained there.

@Coupon-mad it is page 14 but it gives this link to your suggested wording: -
https://forums.moneysavingexpert.com/discussion/comment/77317938#Comment_77317938

bluegoldie

Thank you! Flat out with work so I got to page 4 and had to stop. They have given me 7 days to respond and it was sent 4 days ago, nothing like pressure

bluegoldie

Dear District Judge ###

I am the Defendant, ###

This email is also copied to the Claimant's solicitors.  

I have received your Order dated 27 April regarding the case being  heard on  papers. I am sure that the parking firm Claimant would find this preferable; mainly given they are legally represented by a firm who complete cut & paste parking case paperwork for a living. However as a Defendant this is a once-in-a-lifetime cause of enormous anxiety and I do not wish to be denied the opportunity to be heard to expose the issues in the template submissions and to speak as the only true witness to events.  

In accordance with the Order, I must formally tell the court that I object, as a hearing on the papers is completely unacceptable to me.  I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party.  I feel strongly after all these months of intimidating demands from this aggressive parking firm and their agents, that I need a voice at an attended hearing.  

I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.  The claim itself constitutes an abuse of process in that an unrecoverable sum dressed up as 'debt collection costs' has been added, yet this is an industry where costs must already be encompassed within the parking charge.  The Claimant knows or ought to know that this would be double recovery (ref: Britannia Parking v Crosby and anor, Southampton Court 11.11.19).  

I feel anxious that the claim has not been similarly struck out and I might be denied a voice, after all my preparation; and given that part of my evidence relies upon my physical appearance. I have no wish to obstruct the smooth workings of the court and wish things were different, but if the claim continues, I would much prefer a face to face hearing later in the year, if the court allows.  Very much my second choice as a last resort, would be a telephone hearing. 

However, i would like to advise that I have extremely limited time during the current lockdown to attend to this matter and my time is fully occupied. 

I am a front line NHS worker and have been front line throughout the pandemic, my free time is very limited and due to the restrictions still in place, childcare is also an issue for me, besides working full time, volunteering to deliver the crucial vaccination programme on my weekends and raising children alone my time is spread thinly. Consequently I would have limited time to prepare for any last minute 'evidence' that the defendant may provide the court, as they are reputed to do often.

Aside from the issues mentioned above, I think it would put me at a huge disadvantage if I was to be at home with no quiet space to organise my papers during the hearing whilst the Claimant is sat in a quiet, professional solicitors office. The structure of my life has changed entirely for reasons way beyond my control.

 

I would prefer a hearing in person once the pandemic lockdown is lifted.  However, I understand that to formally ask for an adjournment would be at a disproportionate cost which is not an option for me, so I await the court's Order and Directions. 

yours sincerely

bluegoldie

I've amended to suit my situation and wanted to check its correct before sending. Thanks in advance 

Coupon-mad

This isn't right, given we are not under the same strict lockdown rules as we were:

I would prefer a hearing in person once the pandemic lockdown is lifted. 

bluegoldie

They havent been as relaxed yet where I live as I'm not in England so there are still a fair few sanctions in place here?

Egbert_Nobacon

Has it been established that the Brittania entity stated on the signs is the same as the court claim?

Le_Kirk

Aside from the issues mentioned above, I think it would put me at a huge disadvantage if I was to be at home with no quiet space to organise my papers during the hearing whilst the Claimant is sat sitting in a quiet, professional solicitors office. The structure of my life has changed entirely for reasons way beyond my control.

One change to this paragraph as above.

bluegoldie

Egbert_Nobacon said:

Has it been established that the Brittania entity stated on the signs is the same as the court claim?

I have never been to the car park in question its ages away from where I live (and in a different country so the lockdown has made it difficult) so even driving to check would be a full day job, I can check on google maps maybe but I don't know how accurate that would be. So far I have seen nothing from the claimant 

bluegoldie

Would appear that it's the same :-(