Claim form from PCM using gladstones - First time going to court! - CASE WON

Redx

Email your WS to Gladstone's and to Romford court asap , adding an apology for the lateness , do it today

As for that letter , everyone gets it , but you have misinterpreted it big time !!

It is true that neither Gladstone's or the claimant will turn up , but you have assumed that nobody else will turn up , but they will most likely have a hired gun legal beagle turn up , a stand in who was given the case at the last minute

Johnersh

File your witness statement late. Its all you can do.  Don't know when your hearing is, but probably best get something in to respond to theirs (which ought in itself to have been a reminder to you to get on with this). 

In theory you should also apply for relief from sanction, but you may feel that it's worth holding off on that since  they have no plans to attend, and may not object in any event.

Prepare your case for goodness sake, else you're cruising for a bruising (judgment). 

Coupon-mad

slick490 said:

Hi all, 

I've messed up big time. My court hearing is very soon and I haven't sent my witness statement. Am I able to go to court without a witness statement? Or am I able to send a witness statement via email even if it is the day before? 

I also recieved an email from Gladstones saying this 

"We act for the Claimant.  

  

The Claimant, without intending any discourtesy, hereby gives notice that it will not be attending the final hearing.

This notice is given pursuant to CPR 27.9.

The Claimant kindly requests its attendance be excused and that the claim be decided in its absence.

The Claimant has filed and served documents pursuant to the Notice of Allocation to the Small Claims Track (Hearing) and the Court have been notified of the Claimant’s non-attendance and that the Court has been asked to deal with the Claim in the Claimant’s absence."

I also received a letter stating this as well. I'll be honest. I was hoping that they wouldn't turn up as I've read in alot of forums that this tends to happen.

I've messed up big time. I already know this. Anything I can do?

Thanks a bunch 

When we say 'DO IT TODAY' we mean exactly that; get it emailed to Gs and the local court, TODAY.

You only had to copy and adapt the one by @jrhys and add your own exhibits and photos, etc.  Easy to do, it's your story!  Don;t stop to ask us, we don't want you to show us a draft tonight for comments, we want you to tell us it has been emailed right now, before 4pn today, to both Gs and the local Court.

slick490

Hi guys,

Just an update - they postponed the court hearing due to a lack of judges for the day whole day of annual leave wasted. Have another court date tomorrow hopefully they actually see me.

Just wondering though, is there any way I can decide to let the courts handle it without me present? I work for the NHS and have clinics set up weeks in advance to administer vaccinations. I don't want to have to cancel my clinics and cause an inconvenience to an already stretched out system. If not I'll have to pull a sickie because I'm not allowed to request annual leave without at least 3/4 weeks notice.

Again thanks for all the help

Coupon-mad

No it's FAR too late not to attend, if the hearing is tomorrow.  We assume it's by phone and you have given the court your phone number and that you did put in a WS?  

If you didn't do a WS at all and/or don't attend the hearing (by making your phone number available or whatever the Order says for the prep for the hearing, and answering the call) you WILL get clobbered for all the other side's costs because your conduct would be deemed unreasonable.

Don't do that!  We are talking hundreds more than the claim if you act unreasonably!

Follow what the Directions say snd provide your number snd answer the call or log into the video hearing (unlikely to be in person, surely?).

slick490

yup not in person - done over Microsoft teams 

 They should have my email, since they emailed me letting me know that there were no appointments on the day of my last hearing. I also emailed my WS to them during this time so they definitely should have it.

Coupon-mad

Yes, but the order for the hearing tells you that you must supply it specifically by x days before, to get the password or link.

A poster who won the other day provided a great court report with tips about CVP hearings.  You should go find it.  I replied on it 2 days sgo.

slick490

another one bites the dust 

how do I get paid now 0.0 
haha

thanks for all your help guys - FYI judge wasn't too happy about the Parkingeye vs Beavis case being used in this instance 
also definitely wasnt too keen about the claimant not turning up to this (probably why he was being so nice!)

D_P_Dance

How much do they owe you?  If it is peanuts consider a claim against the PPC.  Read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

patient_dream

slick490 said:

another one bites the dust 

how do I get paid now 0.0 
haha

thanks for all your help guys - FYI judge wasn't too happy about the Parkingeye vs Beavis case being used in this instance 
also definitely wasnt too keen about the claimant not turning up to this (probably why he was being so nice!)

GOOD NEWS ..... Gladstones let their client down again ???