County Court Claim - QDR Solicitors (NSGL Parking LTD)

Rosht

Hello everyone,

The November 2nd 2021 County Court Phone hearing never happened.
If I remember correctly,  I never recieved a call so I assumed it was dismissed or canceled.

Nearly 2 years later and I have recevied a new County court hearing for the 28th of April 2023.

Is this fair and Legal? It is so far away from when the incident happend.

Coupon-mad

Fair no.  Legal, yes.

What stage were you at?  Had you filed & served your WS bundle in time?

What did it say - please copy & paste your WS here - as it may need a supplementary one adding.

Rosht

Hi Coupon,

Many thanks for the quick reply. I am not sure what you mean by what stage you were at ? 
Yes I had filed my W.S in time. I also resent it (including the questionaire) after receiving this telephone hearing letter.
Please see my witness statement below:

B789

That is your defence, not your witness statement. Did you file with the court and the Claimant a witness statement which expanded on your defence, written in the first person and attached any evidence you were relying on?

Coupon-mad

Oh dear.  This is running very close to deadlines and you are currently way 'off piste' from forum advice.

You must file evidence and a signed WS, this is clearly explained in the 'IMPORTANT: KNOW WHAT HAPPENS WHEN' red capitals headed section of the NEWBIES thread, where I plead with every poster to note that 'defence is not your only job'.

WS stage is your evidence. 

The C has sent you a big bundle we expect?  They've complied with what the hearing Order wants. You haven't yet complied with the court order, from what you told us, and 14 days before the hearing is FRIDAY (tomorrow).

So, the best examples of recent WS bundles are by

@aphex007

@SJRRJS

Copy, adapt and get your bundle emailed to the local court (NOT THE CCBC) and the C's solicitor first thing tomorrow. Show us your draft bundle based on those tonight.

Can be done in an hour.  Easy enough but vital!

Rosht

At no point did the court or anyone ask for a witness statement? 
They did not ask for one before the previous  hearing (that never happened) or this one.
Yes I had received a big deck of paper as defence from QDR but this was for the previous hearing (2 years ago).

KeithP

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those 'documents on which you intend to rely' are your Witness Statement and evidence.

Rosht

By C do you mean the court has sent me a big bundle? No they haven't. It is just two pages talking about what a telephone hearing is and when it is. Here is the second page (first page above).



I hadn't received anything else since 2 years ago. 

KeithP

Rosht said:

By C do you mean the court...

C = Claimant.

Coupon-mad

How are you getting on with the WS?

The court did require it and if you haven't received the other side's bundle already, you will get 50-odd pages tomorrow from the C's solicitors out of the blue.  DO NOT LET THIS THROW YOU.

The words requiring the evidence are either in a hearing order or were in the very first Notice of Allocation way back when the case left the CCBC and went to your local court.  Either way it doesn't matter.   The words were there.

Believe us.

You must do this right now.

I suggest you read the Court Procedures thread by @bargepole linked in the WHAT HAPPENS WHEN section I told you about in the NEWBIES thread because you've currently dropped the ball and we are handing that ball back to you (even though you didn't realise you dropped it).

Don't use the example WS linked in the NEWBIES thread though as it's out of date.  That's why earlier I gave you 2 links to recent good ones you can copy in an hour flat.

Easy stage.  It's your story & your evidence.