Defence advice needed - Premier Park Limited & BW Legal

Montarivo

Le_Kirk said:

It is not a requirement to submit a skeleton argument; they are useful if you have a complicated case.  If you want you can create yourself a crib sheet of points that you want to raise at the hearing but you don't need to send it to the court.  Just remember if you do, that you will need to sent to claimant as well.

Just to confirm, you mean I will need to send my skeleton argument to the claimant as well (provided I send one), or do you mean I'll have to send my crib sheet to the claimant?

Also, I only sent my WS to the court and claimant, not my defence, as I had already sent this previously when it was due. Should I have sent my defence along with my WS?

Coupon-mad

I am not sure why you believe you need a skelly.  Almost no-one does.

Should I have sent my defence along with my WS?

No, you did it right.  Stop thinking about offering money, you are not at risk of huge costs or anything, so attend the hearing confidently.  Happy reading, get up to speed with the new Code of Practice from the DLUHC. 

https://forums.moneysavingexpert.com/discussion/comment/79013061/#Comment_79013061

That thread explains why it matters even to existing cases and it's not even in the Template Defence yet because it's so new.  You could add that with a Supplementary WS (or a skelly!).

Montarivo

Coupon-mad said:

I am not sure why you believe you need a skelly.  Almost no-one does.

Should I have sent my defence along with my WS?

No, you did it right.  Stop thinking about offering money, you are not at risk of huge costs or anything, so attend the hearing confidently.  Happy reading, get up to speed with the new Code of Practice from the DLUHC. 

https://forums.moneysavingexpert.com/discussion/comment/79013061/#Comment_79013061

That thread explains why it matters even to existing cases and it's not even in the Template Defence yet because it's so new.  You could add that with a Supplementary WS (or a skelly!).

Thanks, I've updated my WS to refer to the new Code of Practice, and sent this to the court and claimant. 

Two days ago I realised that I hadn't emailed the court to tell them my preferred email address for correspondence, and so this is why I still haven't received a link to the video platform for the hearing.

I am going to call up the court tomorrow morning at 8:30am, and hopefully, they can provide a link for the hearing before it begins at 10am. Do you think I have left it too late and will not be able to get the link in time for the hearing? If it were to take place without me, would the judge still consider my witness statement when making a judgement? Or will they only consider the Claimant's? 

Coupon-mad

They will probably let you attend but won't open till 9am I reckon.

Or why not turn up in person at nine, smartly dressed (and with a full file printed out for your own use) and ask the Usher to allow you to join the Judge for the case in person (if the Judge is not sitting remotely) as you were 'unclear what to do and felt stressed about your internet connection'.

With you standing there they'll have to grant you some sort of access, to ensure justice is served.

Montarivo

I received the link in time and just attended the hearing. 

I lost...although the judge reduced the amount claimed, I still have to pay £214.

I am gutted!

Trainerman

Montarivo said:

I received the link in time and just attended the hearing. 

I lost...although the judge reduced the amount claimed, I still have to pay £214.

I am gutted!

Really sorry to hear that. My commiserations. When you have a moment, can you tell us why/what the Judge said ?

D_P_Dance

Ifr you tell us why we may be able to advise on further action.  

Montarivo

I will post the transcript once I've received it as I don't remember all the details, but basically he said that the signage was sufficient to form a contractual agreement and that he believes the double recovery fee of £60 should not be paid, but the PCN of £100 should be paid along with interest, court fees, and solicitor fees, which amounts to around £214 as opposed to the previous £287.

D_P_Dance

Well at least you can content yourself that this has cost the PPC more than it has cost you.

Coupon-mad

Oh, that's a shame.  Thanks for the update.

Much depends on a Judge's view of the clarity of the signs and if he thinks they are prominent, then it becomes much harder.

Did he know or did you tell him that the added £60 is now banned by the Govt?

Did he adjust the interest down because their claim included interest on the fake added £60?

You don't get a transcript. Just a couple of lines.