New Generation Parking / DCB Legal - County Court

Coupon-mad

In short, the court decided to determine the case without attending the court - PD 51ZC.
I'm asked to send witness statements. I got an option to object the case to be determined in this way.

...and you WILL BE OBJECTING!

This week, immediate no.

This is completely covered in the NEWBIES thread second post 'IMPORTANT: KNOW WHAT HAPPENS WHEN'.  I even tell you what to say...

 assume I should pay the small court fee before 'early' February.

Errrm...why on earth are you planning on paying the parking firm Claimant's fee for them?  What makes you think you (a Defendant) has to pay for justice?

boogymb

My bad, I am back to 'NEWBIES thread second' thank you for all the help.

boogymb

Hello again,

All the information I found was very helpful and gave me confidence and I'm currently writing my own statement.

I have a short question please, I've received the witness statement from the claimant, can I use some information from their statement to be used in my version(pictures, wrong facts)?

thanks

Le_Kirk

Yes, especially if they are claiming facts that are incorrect, it is important to correct their errors!

boogymb

Great, thanks!

Lastly, I want to object the case being determined without the parties attending. 
I can't find any info on how to, is there a form or should that just be included in the witness statement.

I can't find any info about it in the (NEWBIES thread second post 'IMPORTANT: KNOW WHAT HAPPENS WHEN'.)
or (Court Claim Procedure)

Coupon-mad

You needed to object to that immediately if the court suggested it.  Do it separately and immediately.

Some wording for objecting to a case being heard 'on the papers' is in the Telephone hearings thread (search the forum) or in @Grizebeck's thread in June which is about the new question on the DQ and how to answer it.

boogymb

Brilliant! I've found the following and I assume there is no need to amend this, it's an essence of why I would like to be there.

"The Claimant is a firm that complete cut & paste parking case paperwork for a living and is a serial litigant with an unfair advantage at a non-attended papers-only hearing. After years of Intimidating demands from this aggressive parking firm and agents, I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. I need a voice at an attended hearing."

The issue I have is that cannot find the 'format and where to send' after hours of reading similar posts, and leaflets;
How to contact the court, should I just use the CCBCAQ email address and attach a PDF of a letter of me objecting to the judge's decision to allocate my case to the small claims track without giving any oral evidence? For my local court, I only got the main postal address. How can they expect a reply from a defendant without providing the contact details for the court?

I'm so sorry for all the questions, I'm just dejected about how a grey person such as myself can win without help from the noble people of this forum. I have clear evidence in my favor, it's a no-brainer, just the process for a newbie is a killer.

KeithP

Nothing gets sent to the County Court Business Centre.
They gave up any interest in this case once it was transferred to Cardiff.

You had the opportunity to make that sort of statement when you filed and served your Directions Questionnaire.

Email the hearing court immediately.

boogymb

Hello again,

I have found someone who also got a ticket from the same place and he won using Independent Appeals Service on the basis that the signs were not specific to a company that owns that particular piece of land. (several buildings on the same road with no clear boundaries)
If I am going to mention this fact, does he has to be a witness in the case? Or can I just give that fact as an example?

Many thanks

Coupon-mad

He could be a witness but I think it is easier just to state it in your WS.

Have you emailed the local court to object to the case being heard on the papers?  

When is your WS and evidence due?