Claim form / County court business centre

Coupon-mad

UltraRevenge said:

KeithP said:

You have all the information you need.
The back of your Claim Form has a box entitled How to Pay.

Do you understand that even if you lose at court, as long as you pay the amount decided, which will be significantly lower that that stated on the Claim Form, within the prescribed timescale, there will be no lasting County Court Judgment?

Hi KeithP - thank you. I was not aware that even if I lost (which is unlikely) It maybe a lower amount. QDR solicitors have sent in their report which is very detailed with clear pictures! But most importantly as I will not be able to attend the hearing - is there anything else I would need to do? Do I send a witness statement via email and hope for the best and then pay up whatever Court decides? Thank you. 

I see you were last here a year ago at DQ stage.

Are you saying you HAVEN'T yet filed and served a WS & evidence bundle like the one by baz417 linked in the NEWBIES thread?

Why do you say it's unlikely you'll lose if they have supplied evidence and you haven't, and you were in a disabled bay?

UltraRevenge

Coupon-mad said:

UltraRevenge said:

KeithP said:

You have all the information you need.
The back of your Claim Form has a box entitled How to Pay.

Do you understand that even if you lose at court, as long as you pay the amount decided, which will be significantly lower that that stated on the Claim Form, within the prescribed timescale, there will be no lasting County Court Judgment?

Hi KeithP - thank you. I was not aware that even if I lost (which is unlikely) It maybe a lower amount. QDR solicitors have sent in their report which is very detailed with clear pictures! But most importantly as I will not be able to attend the hearing - is there anything else I would need to do? Do I send a witness statement via email and hope for the best and then pay up whatever Court decides? Thank you. 

I see you were last here a year ago at DQ stage.

Are you saying you HAVEN'T yet filed and served a WS & evidence bundle like the one by baz417 linked in the NEWBIES thread?

Why do you say it's unlikely you'll lose if they have supplied evidence and you haven't, and you were in a disabled bay?

Sorry I meant its likely I'll lose. Not unlikely. 

Yes sorry I was not sure when to supply WS as was not prompted - I thought I would be able to send this before the hearing. Can I still email the witness statement? Looks like I've made a right mess of this - should I just call QDR tomorrow and pay up? Thank you 

KeithP

UltraRevenge said:

Yes sorry I was not sure when to supply WS as was not prompted...

Yes you were 'prompted'.

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

UltraRevenge

KeithP said:

UltraRevenge said:

Yes sorry I was not sure when to supply WS as was not prompted...

Yes you were 'prompted'.

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

You're right. I've just checked. Unfortunately it's less than 14 days for the court hearing so I've missed the deadline. I've made a right mess of this and didn't realise. I guess I'll be trying to settle the claim now before the court date...

Coupon-mad

Why not just email a WS bundle tomorrow and state that you cannot attend AND SAY WHY.

You can copy baz417's WS and most of his exhibits and add your on facts & photos in an hour; could be done right now.  That's why it's linked in the NEWBIES thread, to grab and use, making the facts your own.

EMAIL THE WS BUNDLE TOMORROW, EVEN IF TRYING TO SETTLE, BECAUSE IF THEY REFUSE YOUR OFFER(S), YOUR WS WILL BE EVEN MORE LATE!

So do that FIRST, tonight or tomorrow.  NOW!

If you think that there's no defence really and they have you in a clearly signed & lined Accessible bay (no disabled occupant?) you might email QDR (SEPARATELY FROM THE WS BUNDLE) & offer half the Claimed £sum and see what comes back from them.

HEAD ANY EMAIL OFFER WITH THE CLAIM NO. AND:

WITHOUT PREJUDICE SAVE AS TO COSTS

(do not copy offers to the court! Not allowed).

If you feel your case is weak, don't admit that; just tell QDR you can't attend the hearing and say why, and as such you want to make a pragmatic offer that doesn't include the added £82 that QDR have enhanced the claim by, because the DLUHC has exposed that the template pre-action letter phase (including a 29 pence CRA soft trace) costs under £8.50.*

*You've not been here on the forum for a year, so I expect you've missed the DLUHC's draft Impact Assessment published 3 weeks ago and the analysis that exposes that fact?

Adding £82 is extortionate.

You'd want that taken off.

DO NOT FORGET TO TELL THE LOCAL COURT BY EMAIL THIS WEEK, THAT YOU CANNOT ATTEND!

Do not drop that ball too or QDR will clobber you with an extra £200 or more for their legal rep's costs, because failing to excuse yourself more than a week before a hearing is unreasonable conduct (full costs apply). Don't do that...

UltraRevenge

Coupon-mad said:

Why not just email a WS bundle tomorrow and state that you cannot attend AND SAY WHY.

You can copy baz417's WS and most of his exhibits and add your on facts & photos in an hour; could be done right now.  That's why it's linked in the NEWBIES thread, to grab and use, making the facts your own.

EMAIL THE WS BUNDLE TOMORROW, EVEN IF TRYING TO SETTLE, BECAUSE IF THEY REFUSE YOUR OFFER(S), YOUR WS WILL BE EVEN MORE LATE!

So do that FIRST, tonight or tomorrow.  NOW!

If you think that there's no defence really and they have you in a clearly signed & lined Accessible bay (no disabled occupant?) you might email QDR (SEPARATELY FROM THE WS BUNDLE) & offer half the Claimed £sum and see what comes back from them.

HEAD ANY EMAIL OFFER WITH THE CLAIM NO. AND:

WITHOUT PREJUDICE SAVE AS TO COSTS

(do not copy offers to the court! Not allowed).

If you feel your case is weak, don't admit that; just tell QDR you can't attend the hearing and say why, and as such you want to make a pragmatic offer that doesn't include the added £82 that QDR have enhanced the claim by, because the DLUHC has exposed that the template pre-action letter phase (including a 29 pence CRA soft trace) costs under £8.50.*

*You've not been here on the forum for a year, so I expect you've missed the DLUHC's draft Impact Assessment published 3 weeks ago and the analysis that exposes that fact?

Adding £82 is extortionate.

You'd want that taken off.

DO NOT FORGET TO TELL THE LOCAL COURT BY EMAIL THIS WEEK, THAT YOU CANNOT ATTEND!

Do not drop that ball too or QDR will clobber you with an extra £200 or more for their legal rep's costs, because failing to excuse yourself more than a week before a hearing is unreasonable conduct (full costs apply). Don't do that...

Thank you so much for the detailed reply and for helping me. 

I have already emailed the court last week, and today - to let them know I cannot attend and how I can send my WS. 

I will draft a WS tonight and send off ASAP via email to the courts (even though its less than the 14 days mentioned). 

I do believe my case is hopeless but will still supply a WS, and see if QDR respond to my email, which I sent to them a few days ago. 

If no response - I will just call QDR and try and come to a resolution before the court date - next Thursday. 

Thank you 

Coupon-mad

You must copy in QDR to the WS bundle too.

UltraRevenge

I was unable to post on this thread or attach file links - (but now that I've tried it works from the phone but no chrome laptop!!) Was trying for good hour or so! 

KeithP

UltraRevenge said:

I was unable to post on this thread or attach file links - (but now that I've tried it works from the phone but no chrome laptop!!) Was trying for good hour or so! 

Addressed in your new thread.

UltraRevenge

https://www.dropbox.com/scl/fi/xa1d1lb76bpeivu1gplpr/Witness-statement.docx?rlkey=8qe9mb72c6xf3a6xjn5ot239f&dl=0