Claim received - Acknowledgment sent - Help / Advice with Defense needed.

Coupon-mad

Yep you must reject that.

This will change in certain areas in June.  Horrifically, at certain courts people will be stuck with paper hearings.  Thanks to @Johnersh for this heads up (doesn't affect existing claims):

 CPR Practice Update 143 introduces the paper pilot removing rights to trial in certain small claims. 

Pilot in a select number of courts for now. 

https://kerryunderwood.wordpress.com/2022/05/12/no-right-to-trial-in-claims-of-10000-or-less-from-1-june-2022/?s=09 

Amongst the examples cited? Parking claims.

AlilHelp

Another update and some questions. 

I received letter last week starting that the hearing will not be done in person and will be a paper hearing. March next year.

I am currently doing a witness statement and what to check the the information was still up to date. 

I used the temple defence.

Including parts talking about
1) parking eye v beavis 

2) Unfair contract terms CMA37 

3) spurling v bradshaw / thornton v show / vine v waltham forest

4) paragraph on code of practice

The template witness statement that is suggested to copy has parking eye v beavis and Britannia v Crosby judgement

The question I have would I need to find and add the same for points 2 / 3 and 4? As I have included it in my defence?

 Also, I did read on another post something about NPR pic ( on enter and exit) not proving parking? Is that a valid argument? 

Lastly, if I understand the information the the newbie post. Using the template Witness statement (changing the 1st few paragraphs to reflect the timeline of your unique casel including keeping the parts "the beavis case is against this claim... Redacted landowner contract... Abuse of process" sections mostly unaltered. Is that accurate understanding?

Thank you in advance for your help. 

Coupon-mad

I received letter last week starting that the hearing will not be done in person and will be a paper hearing. March next year.

But the NEWBIES thread tells you to object to that immediately, and what to say!  That is NOT OK.

OBJECT IMMEDIATELY BY EMAIL TO THE LOCAL COURT.

The template witness statement that is suggested to copy has parking eye v beavis and Britannia v Crosby judgement.

Nope, we have newer examples and that Crosby judgment is no longer used because a similar case was appealed & overturned the decision.

Look at the threads by:

@aphex007

@Daiapolon2021

Their WS bundles are what you want to base yours on.

BUT OBJECT TO A HEARING ON THE PAPERS - NONONO!

The NEWBIES thread section and bargepole's Court Procedures thread linked under the red heading:  IMPORTANT: KNOW WHAT HAPPENS WHEN could not be clearer on that!

You will likely lose if it's heard on the papers.

Le_Kirk

The latest witness statements recommended for style and format are: -
@wobs2k @aphex007 @Daiapolon2021 and @anged
There may be later ones, search the forum for posts by @Coupon-mad who regularly updates the WSs used.
Are you sure you want a hearing "on papers"?  Was this your choice?

AlilHelp

Coupon-mad said:

But the NEWBIES thread tells you to object to that immediately, and what to say!  That is NOT OK.

OBJECT IMMEDIATELY BY EMAIL TO THE LOCAL COURT.

BUT OBJECT TO A HEARING ON THE PAPERS - NONONO!

The NEWBIES thread section and bargepole's Court Procedures thread linked under the red heading:  IMPORTANT: KNOW WHAT HAPPENS WHEN could not be clearer on that!

You will likely lose if it's heard on the papers.

I did object. was I wrong to send it to the same email address as the defense? and is it too late to object as I got this letter a few weeks ago?

P.S I am struggling to find the threads by @aphex007 - Any direct link to the one aphex007

Trainerman

@aphex007 only has one thread. Click on user name, click on the only discussion and there you are

Coupon-mad

I did object. was I wrong to send it to the same email address as the defense?

Completely wrong, because the Order came from your local court.  Your case had been allocated out ages ago to the regional court you chose on your DQ.

The order didn't come from the admin centre gateway that's only a door at the start.

 and is it too late to object as I got this letter a few weeks ago?

Object anyway and attach a copy of your earlier letter objecting, and suggest it may have gone astray.  DO IT TOMORROW.

You will almost certainly lose if a parking case is heard on the papers because you are up against a legal firm who do 'papers' (legal submissions) for a living.

AlilHelp

Trainerman said:

@aphex007 only has one thread. Click on user name, click on the only discussion and there you are

Found it. Thank you.

AlilHelp

Coupon-mad said:

 and is it too late to object as I got this letter a few weeks ago?

Object anyway and attach a copy of your earlier letter objecting, and suggest it may have gone astray.  DO IT TOMORROW.

I will. is this the best email to use manchestercivil@Justice.gov.uk?

Umkomaas

AlilHelp said:

Coupon-mad said:

 and is it too late to object as I got this letter a few weeks ago?

Object anyway and attach a copy of your earlier letter objecting, and suggest it may have gone astray.  DO IT TOMORROW.

I will. is this the best email to use manchestercivil@Justice.gov.uk?

Possibly, but we don't keep a database of the 'best' email addresses for the hundreds of small claims courts across the country. Advice on the 'best' email address to use would best come from the actual court. Give them a call tomorrow.