Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

Le_Kirk

On your Notice of Allocation, which is what tells you that you have to appear (in person or virtual) in front of a judge to have the case heard, you will have the date of the hearing and you should also be told somewhere (maybe on the back) that you have to supply "everything you are going to rely on in court" and that is your witness statement, evidence and costs assessment and there will be either a date by which you should file and serve it or it will be "not less than 14 days before the hearing date".  If you have a Notice of Allocation, then you must have already submitted a N180.

Harvez63

Good Morning @Le_Kirk, there is nothing on the back of the NOA other then my address.

What I've done to date is submit the N244, with my WS and cost assessment. Received a notice of transfer, followed by a notice of application. but no further instructions. I guess that covers of all the points you mentioned above though. I definitely havent submitted a N180 however 

Le_Kirk

This is a set-aside application then, which means you have already submitted your WS, as you say, along with your N244.  Is it a Notice of Allocation or a Notice of Application?  I didn't read back through 26 pages of this thread!

Coupon-mad

1. Is the burden for them to prove this is true? 

Yes, you can say not only does it seem very unlikely but even if they had, it is irrelevant. Their client had acknowledged your change of address 3 years ago and in law (in terms of filing a claim) the new address was 'the last known address'.  If BW did conduct a Trace, where is it, and more than likely like a lot of these reports, it would have showed a series of addresses and BW Legal seem to have just put a pin in the page and randomly chosen one. When all along, the parking firm knew the right address for service.

2.  Correct, can't see you are missing anything. You don't need to worry about a NoA nor do a N180 form because you already have your hearing date

P.S. I got your message and will be in touch.

Harvez63

Thanks for the tip @Coupon-mad

I plan to make notes of responses, for both scenario's e.g. if its going my way, or if I feel I need to be more firm if its not going my way. That way I'm prepared for anyway the hearing may go.

I've just downloaded the BP COP and I'll have a read through that tomorrow to find out the relevant parts about checking addresses before litigation.

I need to send my skelly, 4 case laws and the part about checking addresses, right? I havent done that yet although the skelly was posted a few messages ago so I believe its essentially done. I have to be careful here to because the 4 case laws = 45 pages, so that only leaves 5 pages for the skelly and BP code of practise. One double side = 1 page so I should be ok, just. 

Whats your thoughts about taking along the Experian screen shot showing my correct address at 2019-current? is it too late to submit as evidence or not really worth it? I'd love to pull it out as an example. 

I'm one to prepare for the worse, hopefully being a Southampton court it'll be a quick painless process. "By preparing to fail, you are preparing to fail" 

@Le_Kirk just wanted to add link that I believe @KeithPposts often, that I've taken from another post

www.youtube.com/watch?v=n93eoaxhzpU - what to expect at the hearing (because its not what I expected)

I'm a confident speaker and often hold meetings as the focal point, I did expect an emptish court room, seeing more what to expect has relaxed the whole prospect further and giving more confidence. Thank you. 

Coupon-mad

"By failing to prepare you are preparing to fail."

But you are not doing that!

Whats your thoughts about taking along the Experian screen shot showing my correct address at 2019-current? is it too late to submit as evidence or not really worth it? I'd love to pull it out as an example. 

Could you squeeze it in with the skelly as long as the BPA CoP is just given as a URL link and a single page screenshot?

Fruitcake

If the Experian screenshot is not allowed, you could ask at the hearing if the trace included Experian because it was definitely showing there before the claim was issued.

Harvez63

I definitely want to include it, because it just creates further doubt on their "soft trace", if I'm able to show one of the leaders in Experian showing me at my correct address, if they then mention a Micky mouse credit check company then its just going to further highlight their incompetence? Experian is to the exact month/year I moved to.

@Coupon-mad I have 5 double sided pages left and my skelly is one double page so I could include it. I'm just not sure if I'm allowed to bring new exhibits to the table at this stage? how would I go about doing this?

@Fruitcake your suggestion, will definitely go into my notes if I feel its not going my way and I need to be stronger in my defence. It would just be useful to have a bit of paper in front of me to show the judge and claimant 

Coupon-mad

@Coupon-mad I have 5 double sided pages left and my skelly is one double page so I could include it. I'm just not sure if I'm allowed to bring new exhibits to the table at this stage? how would I go about doing this?

You are not really allowed!

But a skelly is a summary of the legal arguments so try to word it as a supporting 'legal' point, maybe referring to the CPR about serving to a last known address and attaching the Experian page, and reminding the Judge that in your WS bundle the D has already evidenced their move and that the Claimant knew.

Harvez63

I hear you, thank you

I'm going to spend a few days going back over the skelly, making sure I understand the points within it. Adding the above, and reading the CoP etc

As always, thanks for the continued support