Wrong reference number attached for PCN

Coupon-mad

Many of your numbered paragraphs are single sentences.  Amalgamate them into chunkier paragraphs.

From what you are saying, your only defence is: 'they cancelled it, so I was denied an appeal'.  That's bad form, but it's not a defence to the alleged breach of contract in the car park.

I would expect you to be adding:

In the alternative, the Defendant denies liability for any charge and denies any breach of contract because...(why?)...the signs were inconspicuous/not lit in the dark? You had a permit/permission to park?  You were not the driver and the Claimant has not complied with the POFA?

1505grandad

Typo  -  "6. All (correspondent) from the claimant....."  -  (correspondence)

hamza05

Hello

I followed all the steps from newbie - court were waiting for Gladstone to respond 
They sent the following 

"We act for the Claimant. 

 

Please see enclosed, by way of service, the Claimant's Witness Statement. 

 

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 Court has been notified of the Claimant's non-attendance and have been asked to deal with the Claim in the Claimant's absence.

Yours Faithfully,"

Can you guide me what happens next and what I can do prepare
Thanks 

Coupon-mad

Errr...apart from filing & serving your WS bundle too (you had/have the same deadline as Gladstones, it's in your hearing letter).

The NEWBIES thread tells you all about WS stage and evidence bundles, and warns all defendants: "DEFENCE IS NOT YOUR ONLY JOB" so you knew that you were going to have yo do a WS.

Latest exemplar WS bundles you can crib from and plagiarise are by:

@aphex007

@SJRRJS

hamza05

Just got letter from the post says upon neither party attending the hearing 
IT IS ordered that the claim is struck out 

does that mean the claim will not go through and won’t have to pay anything 

which if it is then it’s great news and thanks all for the help 

B789

hamza05 said:

Just got letter from the post says upon neither party attending the hearing 
IT IS ordered that the claim is struck out 

does that mean the claim will not go through and won’t have to pay anything 

which if it is then it’s great news and thanks all for the help 

Sounds like good news or you have been very lucky. When was the hearing supposed to be?

Could be another court SNAFU/FUBAR in which case, the legals may apply for it to be resurrected if it is due to the courts screw up.

hamza05

There was no set date for the hearing - last email was the claimant stating they will not attend court and to proceed with the hearing 

Coupon-mad

hamza05 said:

Just got letter from the post says upon neither party attending the hearing 
IT IS ordered that the claim is struck out 

does that mean the claim will not go through and won’t have to pay anything 

which if it is then it’s great news and thanks all for the help 

This means there was a hearing and you missed it.  I think the Claimant will object to this strike out order, because they did everything right:

(a). they filed & served a WS bundle

(b). they gave notice to excuse non-attendance.

I doubt this is over.

Did you do both (a) and (b) in February? You never showed us your WS bundle for critique.

hamza05

I didn’t file or serve a bundle - I was going to but the letter dated march 3rd came and did it before I got a chance 

there was no hearing I didn’t receive a letter for a date of hearing unless I just didn’t get the letter 

what do you think I shall do now ? Just wait and see what happens 

Coupon-mad

There was a hearing earlier this month.

The order says so.

I think it us UNSAFE to do nothing.  Right now it looks to the court like you were in breach of Court Directions, because you failed to file & serve a WS bundle AND didn't turn up to a listed hearing.

Whereas we know the Claimant did it all. 

I would email the court this week and say you are NOT objecting to the 'strike out' order and are content for it to stand.

However, in case the Claimant does seek to set aside the order, the Defendant respectfully asks for this email to be printed out and placed in the case file so the Judge handling any objection to the order is aware that the Defendant knew nothing about any hearing date.  The Defendant was not notified about it and (in the event that the case is reinstated and a new hearing is listed) the Defendant seeks Directions to file and serve a witness statement and evidence and requests fair notice of the time and date of the hearing this time because the Defendant wanted to attend.