My old Spinningfield case. Link included kindly by RedX .Judge ordered preliminary phone hearing

Le_Kirk

su51_2 said:

thank you Fruitcake, that's encouraging actually, so I will plough ahead, we'll have to go somewhere with mobile l suppose and where have a decent signal.
Thank you too Snakes_belly. What's a drop hands ?

 drop hands offer to give it its full term.   Both sides walk away and stand their own costs, i.e. they drop their hands!

D_P_Dance

In other words they get off scot free, you get nothing for your time and effort.  

Snakes_Belly

Drop hands means that both parties walk away with nothing. The claim is dropped and there are no costs on either side. 

su51_2

thanks all l've learned something new today. Does doing that have any negative effect on your case as far as judge concerned,is it frowned upon ,seen as admission of guilt etc or is it always worth a punt.

Umkomaas

su51_2 said:

thanks all l've learned something new today. Does doing that have any negative effect on your case as far as judge concerned,is it frowned upon ,seen as admission of guilt etc or is it always worth a punt.

If the offer letter is headed 'Without Prejudice, Save as to Costs', the Judge won't see that offer until after he/she has reached their judgment and costs are being discussed. So there is no possibility of anything being seen as an admission of anything.

su51_2

Hi everybody,  l have been on 12 hr shifts and then on holiday so apologies for if l have missed acknowledging or thanking any of you trying to help me.  Just an update , I received this email last week from Gladstones just a few days before the deadline for submitting any evidence l intend to rely on.  l can't understand that they are saying they can't attend when it's only a telephone hearing .
I managed to miss the deadline by a few hours myself as l took everything on holiday with me and sent a brief email to the court stating l had no further evidence to add to original defence and l forwarded that to them again to also serve as my evidence and witness statement . l further respectfully requested if l could use the claimants photographs of the (offending) signage (which they had submitted as part of their claimants witness statement )as l was having problems scanning and attaching them and l also wished to rely on them partly as my evidence,  as the court would already have them  'to hand' so to speak. 
 I managed to get this sent off within 24 hrs before the deadline for submission but unfortunately sent it to the original court instead of one had it moved to.   I forwarded it to the correct/my local court at 6pm with an explanatory note two hours later than the 4pm deadline as soon as l saw their reply pointing out they weren't dealing with it anymore.
 I'm hoping as l haven't actually added any evidence and simply asked to 'share' the other parties submitted photos that this missed deadline won't be too disastrous  We act for the Claimant.  .  The Claimant, without intending any discourtesy, hereby gives notice that it will not be attending the final hearing.This notice is given pursuant to CPR 27.9.The Claimant kindly requests its attendance be excused and that the claim be decided in its absence.The Claimant has filed and served documents pursuant to the Notice of Allocation to the Small Claims Track (Hearing) and the Court have been notified of the Claimant’s non-attendance and that the Court has been asked to deal with the Claim in the Claimant’s absence.   

Regards

Could this go in our favour ? What do you think they are up to, just maybe holding out for the full hearing? and trying to bypass this one?  Does this mean l should or could do the same (as previously stated hate telephone hearings/meetings anyway and originally on advice from this site said no to the question of wanting a pre hearing, but they're calling it 'final hearing' which it isnt anyway...or is it...sorry l'm very confused now) ?
Will this p*** the judge off that they can't even 'attend' a telephone hearing?  Or will it all not make a blind bit of difference ?
Sorry so many questions as usual !! 

 

Redx

Gladstone never get involved with the court hearing , they remain at arms length , so everyone gets as letter or notification stating that neither the claimant or Gladstone's are attending , but usually a hired gun deals with it at short Notice

So if it gets to the actual hearing , expect a legal beagle hired gun to act for the claimant , or it may be that nobody turned up and it's decided on papers

It's all a part of their obfuscation

If it's Manchester court , it's a graveyard for parking companies

Coupon-mad

It might p*** the Judge off. But you must attend and be clear about your defence points.

Sadly, what might also annoy the Judge is you apparently failing to provide a witness statement (at all) signed under a statement of truth.  An email doesn't comply with the Hearing Order.  Their submissions do.  Only they have provided evidence, you provided none.

As such, you might be prevented from giving ANY witness evidence or speaking at all and a decision might be made as if you were both absent.

Cross your fingers for an understanding Judge.

A Directions Hearing usually involves half an hour of a rookie Deputy Judge who doesn't know about PPC scams, telling the Defendant they have 'no case due to the Supreme court case of ParkingEye v Beavis' and encouraging you to offer settlement.

Glorified Mediation and utterly pointless unless you get a good Judge who sees the claim for what it is.

su51_2

Actually have just noticed they are saying that they are not or cannot attend the 'final' hearing before one has even been set ?? and also want the preliminary small claims track telephone hearing done in their absence.  My paperwork from the court ordering the preliminary telephone hearing says l have to give notice in writing 'within five days of receiving this order' and explain why and send a copy to the other party.  They are two months late in that case as the notice is dated end of July.   

su51_2

sorry l meant to say 'if not attending' you have to give notice within five days according to my notice of allocation from the court