Forbidding signs and pre existing rights

Coupon-mad

I think you will just have to ask DCB for consent to change the date.  They should agree if all four defendants say they want it changed.  DCB won't want to appear unreasonable.  Do it quickly.

Trainerman

Thanks again @Coupon-mad . I have done that and we only got the Order today.

Grizebeck

I would ask that it's changed to a hybrid hearing via cvp

Trainerman

Bit of rapid advice please. The adjournment worked. Case re-listed for Friday. It is actually four cases with seven PCNs in total and all have been joined together and reserved to one Judge.

We have now had a late child care blow, and finding a new sitter at this short notice is impossible. I also understand we cannot take young children into the Court building ( They are 5, 2 and 1).

IF one parent contacted the court tomorrow and explained that he/she would not be able to attend are they likely to be hit with contempt of court ?

Given that a) it is a case management hearing and b) All tickets would seem to win or lose together .... are we running much of a risk if one has to stay away to handle childcare?

As always, thanks folks

Grizebeck

Who's name is the case in (so to speak)
Only the named Defendant need attend 

Trainerman

Hi Grizebeck. The trouble is that there are four defendants, each with PCNs and totalling seven 'tickets' in all. The four separate cases have identical PoC and the same facts in defence, and so were joined to 'travel together' by the Judge.

Two defendants are the married parents of the young children, hence the child care issue. In fact, all defendants are related.

The charges are now all listed for the case management hearing together, but now we have hit this issue today.

Grizebeck

Ok whilst it is not common to say this but a Defendant missing a Case management hearing is not fatal to the case.
So it will proceed in their absence in all likelyhood
Had one the other say. Defendant failed to turn up. Claimant did. Order made in relation to the case. No sanction for not appearing 

Trainerman

Grizebeck said:

Ok whilst it is not common to say this but a Defendant missing a Case management hearing is not fatal to the case.
So it will proceed in their absence in all likelyhood
Had one the other say. Defendant failed to turn up. Claimant did. Order made in relation to the case. No sanction for not appearing 

Thanks Grizebeck,
that is good to know

Grizebeck

how did the directions hearing go

Trainerman

Hello @Grizebeck. It went in a very unexpected direction. I have to provide all of our evidence re rights under the Prescription Act and then claimant has a month to decide what to do. The rent-a-rep kept on about negotiation, so I am expecting an offer to settle.

If we do not settle, it will be back to Court early January. It just keeps dragging on, but the Judge did give claimant's rep things to think about , as in how would they be able to refute statements covering twenty and more years ago, so I suppose they might just smell the coffee and discontinue. I will come back and keep you all posted, unless old age gets me first !