Got a hearing next week, forgot to submit witness statement and evidence - Hearing Lost

plasterboard

Hi everyone, got my hearing a week tomorrow and have left it too late to begin looking at everything and preparing. I submitted my defence back in September (including counter-claim for expenses) but have missed the deadline for submitting Witness Statement and evidence.

What will happen now? Is there even any point me attending? I could at least spare myself the hassle/humiliation by not going, if I act swiftly I could make the 7 days notice required to inform them.

All guidance gratefully received, thank you 

Fruitcake

Knock up a WS and exhibits toady and submit it by 4pm. Anything is better than nothing, but there are some good ones you can crib written by these posters.

@wobs2k
@Nosy
@ricky_balboa

If you don't turn up you will lose, will get hit for every penny the claimant is demanding, and you may get hit with costs for unreasonable behaviour.

Even with nothing, you can challenge and counter everything the claimant says. Did you receive their WS, because that is what you should be rebutting.

Coupon-mad

any point me attending?

As above. If you act that unreasonably (not turning up) you are pretty much doubling the sum ordered against you because you'd have to pay their legal fees!  DO NOT DUCK OUT.

What you do is put it right by email (to the local court and the solicitor for the claimant) TODAY by adapting a WS bundle.  I recommend the ones by:

@aphex007
@Daiapolon2021
@wobs2k

I hope you didn't pay a fee to 'counterclaim for expenses'? That's dead money if so (and not a valid counterclaim) because you don't have to counterclaim for costs.

You just do a one page costs summary, as seen in the bundle examples by the above posters.

You can throw these docs together today:tonight. And you must!

plasterboard

Thank you both, I boshed something together as best I could and sent in the same manner / to the same address as when I submitted my Directions Questionnaire (please advise if not correct and should be sent elsewhere!). Also should I forward it to their solicitor?

I did pay a fee for a counterclaim, don't know where I was told to do that but oh well, it's done now!

Fruitcake

If the case was transferred to your local court, I believe that is where you should have emailed the WS. You should already have received information telling you where to send it else you would not have known the deadline.

I suggest you email it again tomorrow during working hours to the court where the case will be heard, as well as the claimant's solicitors, and yourself.
Add a draft costs order up to £95.

After that, go through the claimant's WS and make crib notes so you can rebut each point in turn.

Umkomaas

You should be sending the WS to the court at which the hearing will be held, not to the one you returned your DQ!

Its all there for you to follow in the NEWBIES FAQ Announcement, second post, and Template Defence Announcement. Please become familiar with those two and use them as you guide to through this whole process.

Umkomaas

Also, don't forget, you must also send a copy of your WS to the claimant's solicitors, and for the sake of an extra email address in the address line, whip one off to the PPC for good measure. 

Coupon-mad

plasterboard said:

Thank you both, I boshed something together as best I could and sent in the same manner / to the same address as when I submitted my Directions Questionnaire (please advise if not correct and should be sent elsewhere!). Also should I forward it to their solicitor?

No, that is not the correct email. 

Do it again to the local court and copy in the solicitor.

plasterboard

I got my WS sent last Thursday morning copied into the PPC and their solicitors. I called the court the next day and they confirmed it had been received and the late submission was no issue so thanks everyone for that.

I'm starting to wonder - is my defence solely limited to the points I made in writing? In going through it I'm now coming up with additional points I could've made, or better ways to back up points I already made. Will I get a chance to deliver those verbally? Will there be much back and forth where I can rebut things/add things?

Le_Kirk

At the hearing it will be up to the judge how it is run and whether or not you will even get a chance to speak.  What you cannot do is introduce new legal points.  If it is going to be the difference between winning and losing you could send a supplementary WS (make sure to serve on claimant also) giving your additional points and evidence that back up and support your defence as already filed.

plasterboard

OK thank you. There's at least one point in their WS I would like to refute (I only received it the later the same day after submitting my own).

Also another concern is a sign on entry that says "Private. Residents Only. No access". It's not one of the PPC's signs, just something the building put up.

Regarding the latter, possibly in my favour - 1. It contains nothing enforceable; 2. by being written in lettering that is clear and legible from a vehicle it provides damning contrast to the tiny lettering on the PPC's sign; 3; the existence of a parking bay (pictured in the Claimant's bundle) labelled "Visitor Parking" arguably contradicts it.

Not in my favour - it's clear and legible from a vehicle and therefore I can't argue I couldn't have seen it. I'm worried they might use it to say I ignored clear warnings/instruction.

Is it worth trying to add something about that sign? Can I use the late arrival of their WS to justify submitting supplements to my own (even if I did it tomorrow rather than last week when I received it?)