CRA 2015 s62 10 Defence - No real opportunity of becoming acquainted with T&Cs

FizzyCharlie

Jenni_D said:

Ring the court and let them know what happened?

For goodness sake, surely you don't need hand-held over every single common sense step?

Ha, for most of it yes! Will do, thanks.

FizzyCharlie

I received this via email 'I can confirm the matter will be listed for a final hearing.'

I'm assuming it means it hasn't been struck out or ruled in their favour! So just submit WS and wait for further notice...

Le_Kirk

FizzyCharlie said:

I received this via email 'I can confirm the matter will be listed for a final hearing.'

I'm assuming it means it hasn't been struck out or ruled in their favour! So just submit WS and wait for further notice...

It was only a mediation hearing then, good outcome for you as you didn't have to listen to a poorly trained judge telling you that your defence was useless and would fail.  You need to make sure (as far as you can) that the same thing doesn't happen with the phones at the final hearing.

FizzyCharlie

Le_Kirk said:

FizzyCharlie said:

I received this via email 'I can confirm the matter will be listed for a final hearing.'

I'm assuming it means it hasn't been struck out or ruled in their favour! So just submit WS and wait for further notice...

It was only a mediation hearing then, good outcome for you as you didn't have to listen to a poorly trained judge telling you that your defence was useless and would fail.  You need to make sure (as far as you can) that the same thing doesn't happen with the phones at the final hearing.

Yes! I really am not convinced about using these phone systems for reasonably important conversations. Ironically, the fact that my phone couldn't receive the call is related to my WS about why I couldn't pay for the ticket within the 10 minute window. Mobiles are great but I'll certainly try and track down a land line for the real thing...

Jenni_D

Be aware that the real hearing may not necessarily be a phone hearing ... it may be PC-based using MS Teams or Cloud Video Platform (CVP).  

FizzyCharlie

Jenni_D said:

Be aware that the real hearing may not necessarily be a phone hearing ... it may be PC-based using MS Teams or Cloud Video Platform (CVP).  

Thanks for the heads up, I'd actually be much more comfortable with that that the phones! 👍

Coupon-mad

You should put that in an email to the court now.  Apologise for missing the Directions Hearing and explain that your phone signal is unreliable and went straight to voicemail and you'd hate for that to happen for the final hearing.

So, please could the court list it as a CVP?

FizzyCharlie

Coupon-mad said:

You should put that in an email to the court now.  Apologise for missing the Directions Hearing and explain that your phone signal is unreliable and went straight to voicemail and you'd hate for that to happen for the final hearing.

So, please could the court list it as a CVP?

Yes, that is a good idea 👍 I'll do that as I don't actually have a landline at home or at work so wouldn't want to risk it with mobile again! Thanks!

FizzyCharlie

FINAL WS: If anyone gets a chance, can you have a quick look for any glaring errors - I'm going to send this off tomorrow to the courts and Claimant: https://1drv.ms/b/s!AjNlH5ODa6XjzWvJRDWzKcrg8Wj9?e=GaZv0i 

I've cut it down a bit...!

Thanks to everyone's help so far, I wouldn't have got this far without this forum :-)

Coupon-mad

Add in the BPA's Kelvin Reynolds' article about grace periods and observation periods (Google it) which makes it clear that the trade body's view was that the initial period was a fluid time, dependant upon the facts of the car park.

Also add in the transcript of HMRC v NCP (search this forum for 'green button'.  Add that important wording.