PCN with County Court N1 form (Excel (ELMS Legal))

Coupon-mad

I suspect I know her...BMPA group contact.

Ed2022

Hi all, sorry for the absence, busy with work and all. Received the following;

(why does my screenshot attachment supersize?)

Questions: 

1. If you recall in my earlier postings, after much deliberation in my DS I denied I had parked on the date supplied by the PPC (02/01/22) although the actual date was the 22/01/2022. As mentioned here, https://forums.moneysavingexpert.com/discussion/6399950/i-lost-at-court-for-a-private-car-parking-ticket-what-now/p2 post by @Grizebeck "not being allowed to bring stuff in the hearing when not included in your defence etc, there is one exception and that is if you are raising a point of law". Where does that leave me for my WS?

2. The order was made on the papers, without a hearing, and I have 6 days to request the order to be set aside? Only reason would be to ask the Judge to set to strike it out?
(N244 and £275?)

3. DDJ asks the Claimant to provide a written contract between the landowner and the PPC. Good right?

4. DDJ asks whether we want the final hearing on the papers? My instinct is to say no.

5. WS sent no later than 28-days of the hearing, routine I know but that would mean the hearing will be either late December or January at the earliest.

Thanks.

Ed

Coupon-mad

This one is so straightforward it could almost be considered on the papers (due to the wrong date)!

But personally, I would write - by email - back and say 'no' (use the wording in @Grizebeck's thread about the N180 form, back in June, where that question is asked).  You could state that you either need a hearing to ensure the issues are properly noted and that the car was not there on the date pleaded, or you respectfully ask that the Judge summarily strikes the claim out as being incapable of succeeding, as soon as they see the evidence which cannot possibly show the vehicle there on 02/01/22.

Ed2022

Sorry @Coupon-mad , when you say "no" so no final hearing on the paper (so face to face) (my point 4) or point 2 to ask the DDJ to strike it out?

I ask the DDJ to strike it out on the day of the final hearing? Or challenge the order above.

https://forums.moneysavingexpert.com/discussion/6364201/new-questions-on-the-n180-form#latest is it this thread @Grizebeck . I have already submitted my N180, below is an extract.

Snakes_Belly

I don't know where your case is being heard however hearings at Walsall County Court regarding this car park have been successful. (The ones that we have seen).

Don't forget to include Michael Fabricant's comments in your WS where he says that he is glad to see the back of Excel.

I turned down a paper hearing. 

Ed2022

Thank you @Snakes_Belly it is at Nuneaton.

I will ask for a hearing in person.

 But should I contest the order though that I have received?

Snakes_Belly

Regarding the first point this is what CM advised regarding declining a hearing on papers.


"So write and state you object to the proposal to hear the case on the papers, and that as a litigant in person you have opted for the case to be heard at an oral hearing at your local Court which puts Excel at no disadvantage or extra cost at all, since they use third party reps such as Mr Pickup from Elms Legal, who travels to consumers' local courts all the time as their routine way in these robo-claims."

"State that you wish to be able to question the Claimant's rep and expose the flaws in the claim and the lack of liability, and (unless the Claim has no merit, in which case it should be struck out) to decide to hear any parking fine case 'on the papers' unfairly tips the balance against the unrepresented party. A consumer's paperwork may not be as professional, but their oral argument is likely to be more compelling and comes from a truly honest witness, unlike the rep who has never even seen the car park in question and has a pile of photos and little else."

I guess that where it says that the claim has no merit, in your case it does not. You could ask for it to be struck out. 

Snakes_Belly

There was a win at Nuneaton but it was the third attempt for the defendant so a busy court.

Ed2022

Thank you @Snakes_Belly for the explaining it.

I agree about the face to face hearing.

I will do, and that’s just an email to CCBC?

KeithP

Ed2022 said:

Thank you @Snakes_Belly for the explaining it.

I agree about the face to face hearing.

I will do, and that’s just an email to CCBC?

But you case has been transferred to Nuneaton, hasn't it?
Once transferred to a hearing court, the CCBC has no further interest.

And just a reminder... a copy of everything you send to the Court must also be sent to the Claimant.