PCN advise before submitting claim

Redx

I doubt it , seeing as it appears that you have not complied with a court order from your local court, probably you have had their letter a few months , and done nothing about it

your defence was filed with the CCBC over 6 months ago , this was not the last item on the list , merely equalising in the first half of the game , you have missed the second half completely and its now a penalty shootout on monday , with half your balls not allowed

you were supposed to file a WS plus Exhibits at least 2 weeks ago, your court order will say so, so you are really in contempt of court, we have no idea what a judge will say about this bad omission. why on earth didnt you come back for advice earlier this month ?

you should apologise to the judge asap on moday, stating that the justice system is confusing for the ordinary person

note , its a judge , not a magistrate, in a hearing , not a trial

Coupon-mad

Oh no why didn't you follow all our advice?

The Newbies thread clearly says 'defence is not your only job!' And you had advice here in person on this discussion, and in the template defence thread and the Newbies thread as well, telling you what happens next.

Such a shame you didn't ask us and just disappeared.

As long as you have emailed the court with your phone number as the hearing Order required (assuming it's a phone hearing?) all you can do is ANSWER THE PHONE AND BE CALM AND POLITE AND HONEST.  

Sometime the courts ring an hour later than the hearing time.  Just answer, and when asked why you failed to provide a WS or evidence, say honestly that you rely on your defence and thought that was your statement.

You'd be lucky to win as they've filed photos and a full WS and you filed nothing.  You are effectively not allowed to give witness evidence due to that, but most Judges cut consumers some slack.

BUT you must attend the hearing or CEL will go for the jugular, call you unreasonable for not attending, and will try to get more money in costs for their attendance.  They can ONLY do that if the Judge thinks your conduct is unreasonable, and not turning up to the hearing after also ignoring an Order, will likely be enough.

So make sure you emailed your phone number if it's a phone hearing and not in person(?) and attend.

12b3

The hearing is in person @Coupon-mad and I will certainly attend , thanks for the advise @KeithP I will follow it , pity I missed the part about witness statement etc this process is indeed long but I will benefit from going through the entirety of it on this occasion and will come out with some experience at least even if I don't win , would it be any good if I take the WS with me on the day?

Coupon-mad

Defence with you. Are you sure it's in person?

12b3

yeah the letter gave the address of the court and date and time when the hearing will take place , it is in my local area.

Redx

12b3 said:

The hearing is in person @Coupon-mad and I will certainly attend , thanks for the advise @KeithP I will follow it , pity I missed the part about witness statement etc this process is indeed long but I will benefit from going through the entirety of it on this occasion and will come out with some experience at least even if I don't win , would it be any good if I take the WS with me on the day?

Surprising , a Face to Face hearing , quite rare these days

Take it , with you , plus 2 extra copies , plus a copy of your defence and any exhibits , just in case the judge makes allowances

Assume that you won't need them , assume that the judge won't allow them , but never say never , so plan for the worst , hope for the best , if you lose ask the judge to strike out all spurious charges , leaving a total of £100 per PCN plus say £110 in court and legal fees , say around £200 if only one pcn

Coupon-mad

You will also need their WS and evidence because that's all the Judge has to look at, because you didn't supply any evidence.

12b3

I uploaded their evidence on the Google drive link 

https://drive.google.com/drive/folders/15O5FHerTAUR6srq9flWH-jB9axq5q-d8?usp=sharing

Is there any holes in it which I could speak about ?

Coupon-mad

I didn't see much when I looked. 

Was the VRM on the payment list with a keying error, or no payment made?

12b3

No payment was made the driver though the time they stopped was within the waiting time ( 20 min ) but the were over by 17 min as one the passangers who was also pregnant at that time wasn't feeling well enough for them to drive on. They didn't realise they were over as they were more  concerned for the passenger .