Claim form - county court business centre

BREAKTHROUGH

@Umkomaas I just checked and couldn't see anything regarding a date for submission. I am now a bit worried. Should I still send it to all?

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 you intend to rely on are your Witness Statement and evidence.

Coupon-mad

BREAKTHROUGH said:

@Umkomaas I just checked and couldn't see anything regarding a date for submission. I am now a bit worried. Should I still send it to all?

Yes!

Definitely email it (with your exhibits and costs assessment) without further delay, to the local court and solicitor.

BREAKTHROUGH

Hello all,

Just a quick update, I have just had my hearing and the claimants representative has requested an adjournment. This is extremely stressful and the judge essentially cancelled one of the PCN and the other, stated that the fact that I entered the shop requesting a permit for using the shop and the shop keeper refusing to issue one stating it’s not required. I’m a bit annoyed that I now have to take another day off work to go back again. Can someone please give any advice. 

Also despite the claimants rep receiving the WS he stated he only received it 5 mins before. 

Coupon-mad

I'd email the Claimant's solicitor summarising what the Judge said, and encouraging them to throw in the towel, given one PCN was dismissed and the other was heard to have little chance of success for the Claimant, due to promissory estoppel. 

Urge them to review the notes and discontinue.

Did you at least ask for your costs?

BREAKTHROUGH

Hello all, 

I received the date for the 2nd hearing which will be in July. And now have the 2nd case on the first of June. 

I must admit that after the first hearing I’ve been really down and not been able to focus. It has all taken a toll on my mental health.

The judge had basically said I would need to have evidence of any purchase made at the shop as the defendant said I would need to be pre authorised before parking. Even though I explained that at the time I went into the shop the lady behind the counter did not speak English and could not help me. It was another customer who translated on my behalf and said they have no permits. I can just park and it’s fine. So I shopped on that basis each time yet still got a parking ticket. They have now apparently, based on new signs placed, installed a machine where you enter your reg when you go in store. 

Sorry for the long message but I’m confused and worried my WS will just be overlooked again and the judge say I have to pay.

also if I do have to pay, will I have to pay the full amount? 

@Coupon-mad I did not ask for cost on the first claim but I have included it in the 2nd one. 

Thank you for always replying. 

Coupon-mad

Coupon-mad said:

I'd email the Claimant's solicitor summarising what the Judge said, and encouraging them to throw in the towel, given one PCN was dismissed and the other was heard to have little chance of success for the Claimant, due to promissory estoppel. 

Urge them to review the notes and discontinue.

Do the above by email, and tell them (assuming both are about the same location, defendant and car) you will be asking the court to consolidate the cases into one hearing anyway, unless they discontinue.

Then send a second email, this time to the local court (and the solicitors again) pointing out they've listed two cases that involve near-duplicate facts, for two separate hearings.  The Claimant should have filed a single claim and you respectfully ask that the court consolidates both into the July date and issues fresh directions.

BREAKTHROUGH

Thank you for your reply @Coupon-mad.

I did email the court asking them to consolidate the cases into one hearing But received this reply back from them:

”In order to make a request for a hearing to be adjourned to another date an application will need to be submitted on an N244 form (available on line) with a fee of £108 which can be paid by cheque made payable to HMCTS or by stating a phone number on which we may contact you to take payment on debit/credit card .  3 completed copies of the form will be required.  You will need to attach 3 copies of any supporting documents.”

I did not request an adjournment but merely for them to be consolidated. I’m actually worn out mentally and physically with all of this but will keep pushing.

I will now send an email to the claimants solicitor requesting that they drop all charges as per your advice and hopefully it all works out. Will keep you posted.

Coupon-mad

Just reply saying you were not seeking to make an application, just pointing out that the court has two hearings listed for duplicate facts claims that it would save money and court time to consolidate, and you respectfully ask that a Judge takes a look to avoid duplication.

BREAKTHROUGH

Hello all,

just wanted to let you know that the hearing I had on the 1st June has been struck out. I received the letter in the post today. I sent an email regarding the adjournment still waiting for a reply. I will keep you all posted. Thank you all for all the help and support. @Coupon-mad you have been of great help. Thank you to all of you on this platform for your support this far. One more to go.