CCJ Defence Based on Poor Website UI

D_P_Dance

I do have one question however. I don't believe I have received a witness statement from the claimant.

Can tu not de more certain?.  If you have not, mention it to the judge and parhaps ask for a postponement.  

blindmelon7

D_P_Dance said:

I do have one question however. I don't believe I have received a witness statement from the claimant.

Can tu not de more certain?.  If you have not, mention it to the judge and parhaps ask for a postponement.  

It's hard to be certain as this has been rather protracted (it must be over a year at this point). But I certainly haven't received anything in the last few months. Are the initial claim letters they sent me usable in the hearing? 

Would there be any advantage in asking for a postponement?

D_P_Dance

Would there be any advantage in asking for a postponement?

Not if you cannot say on oath that you have not received a WS.

Redx

You and the claimant both had the same deadline for submission to all parties ( to the court and to you )

If you have not received their WS , then bring it up as a preliminary matter at the beginning of the hearing

They are not allowed to ambush you in court , so should either rely on submitted documents that everyone has received , or ask for a postponement , or the judge may strike out the claim , AFAIK

Earlier today you talked about your defence , that is incorrect , you submitted your defence a long time ago and cannot change it , it's already on file

So whatever you meant , it wasn't your defence

To be clear , you have submitted a defence to the CCBC , the claimant has proceeded , you say you have submitted a WS plus Exhibits to both the court and to the Claimant , so if that is the case , your tasks are complete ( even if theirs are not )

Coupon-mad

Don't ask for a postponement!

Just tell the Judge at the start that you did not get the Claimant's WS or evidence so they are in breach of the hearing Order if they can't show it was served.

It would have had to be served to you recently.  The hearing Order gave both parties the same deadline.

blindmelon7

Just a quick update for you. My hearing was on the 10th Jan and my case was dismissed. As the claimant didn't send a witness statement to either party they could only rely on the evidence in mine. My argument about the user interface didn't get much discussion, it was mainly based on the lack of signage, and with the photos I included it was very unclear. I do wonder what the result would have been if they had some evidence to rely on (or perhaps they were just banking on a no-show?)

The judge said that it was clearly an honest mistake and didn't seem hugely impressed with their lawyer (who claimed he had "evidence" that emails were sent to both parties but didn't have it on hand).

Another win for the good guys. Thank you all so much for helping me out with this.

patient_dream

Well done.
Elms now car crashing VCS

NOT the first for Elms and certainly not the last

D_P_Dance

The PPC have wasted your time, now waste theirs, read this and complain to yoiyr MP

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

Coupon-mad

blindmelon7 said:

Just a quick update for you. My hearing was on the 10th Jan and my case was dismissed. As the claimant didn't send a witness statement to either party they could only rely on the evidence in mine. My argument about the user interface didn't get much discussion, it was mainly based on the lack of signage, and with the photos I included it was very unclear. I do wonder what the result would have been if they had some evidence to rely on (or perhaps they were just banking on a no-show?)

The judge said that it was clearly an honest mistake and didn't seem hugely impressed with their lawyer (who claimed he had "evidence" that emails were sent to both parties but didn't have it on hand).

Another win for the good guys.

Ironic, given that VCS say they don't accept service by email and often send a rep who pretends the Defendant's WS was not received!

ANOTHER VCS ONE BITES THE DUST!