County Court Claim - QDR Solicitors (NSGL Parking LTD)

Rosht

Hi Both, thanks for the quick replies !

It says it is a preliminary hearing: 

At this appointment the Judge will explore with the parties whether:
(a) the case is capable of agreement or whether the issues between the parties can be narrowed;

(b) if a trial is required how that trial can take place: paper hearing, telephone, video or in person;

(c) what case directions are required e.g. witness statements, any experts.

If either party fails to attend the conciliation appointment by telephone; or fails to give a number on which they

can be contacted; or does not pick up the telephone; judgment may be given against that party or the claim (or

counterclaim) may be struck out as appropriate.

So I guess I do not need one right now?

Jenni_D

Ah ... a mediation-type hearing, which will be held by a clueless judge who will claim you have no defence and should settle. Just go through the motions and let it go to a proper hearing where you'll hopefully get a judge who knows what they're doing.

The courts have insisted on these preliminary hearings to try and lessen the burden - what they don't realise is that these preliminary hearings are only increasing the burden as they're a pointless waste of time! 🙄

Rosht

ahh thanks Jenni

I will not settle and make sure that it goes to a proper hearing.

Coupon-mad

This will be a waste of 30 minutes of your time.   

Rookie Deputy Judge (a real Judge, but part time or new, or not used to parking cases), trying to make you think you have no case and to settle.  Don't be fooled, this is just glorified Mediation to save the court's time and is not indicative of what the actual Judge at your hearing will think when they see your WS and evidence.

Rosht

Hi All,

I am a bit confused as I have today recieved a witness statement from QDR, I haven't produced a witness statement as I didnt think it was required for the preliminary hearing.

In their witness statement they claim that the reference number on the ticket refers to a different vehicle registration. I can only think that my friend put their own or a wrong number plate in when purchasing the ticket.

They have also replied to several parts of my defence.

The hearing is next week, 2nd of November.

Coupon-mad

Re-read the hearing order!

Rosht

Coupon-mad said:

Re-read the hearing order!

It says at the top:

 "Notice of Allocation to the Small Claims Track (preliminary hearing)"

Coupon-mad

And what do the Directions say?

Rosht

Judge led conciliation hearing by telephone

1. This Claim is allocated to the Small Claims Track and the parties are referred to Part 27 of the Civil Procedure

Rules and the Practice Direction of that Part for guidance on how the hearing of the claim will be conducted.

The parties are encouraged always to try to settle the case by negotiation. The parties are encouraged to contact

each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately

if the case is settled.

At this appointment the Judge will explore with the parties whether:

(a) the case is capable of agreement or whether the issues between the parties can be narrowed;

(b) if a trial is required how that trial can take place: paper hearing, telephone, video or in person;

(c) what case directions are required e.g. witness statements, any experts.

If either party fails to attend the conciliation appointment by telephone; or fails to give a number on which they

can be contacted; or does not pick up the telephone; judgment may be given against that party or the claim (or

counterclaim) may be struck out as appropriate.

In their witness statement they have replied to all the points made in the "Defence Template", should I write up how they have responded?

Coupon-mad

Is there nothing saying that both parties shall file and serve witness statements x days before?