Claim Form - County Court Business Centre - Order Of Action & Other Questions

AllSticks

All the links and threads I can find don't take me to any alternative/universal template for refusing the 'determination without hearing'.
The only template I can find is the following (in italics) which seems very specific to whoever wrote it.
Perhaps is it universal enough?
Perhaps I'm over thinking this step but I don't want to take any chances and if I'm copying and pasting templates I want to be able to back up any statement/s of intent.
Hope that make more sense. 

I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party.  I feel strongly after all these years of intimidating demands from this aggressive parking firm and their agents, that I need a voice at an attended hearing.  

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. 

Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.

KeithP

OK, trim or adjust that example to suit, if you wish.

B789

AllSticks said:

The only template I can find is the following (in italics) which seems very specific to whoever wrote it.
Perhaps is it universal enough?
Perhaps I'm over thinking this step but I don't want to take any chances and if I'm copying and pasting templates I want to be able to back up any statement/s of intent.
Hope that make more sense. 

That is what you put in the D1 box. I don't know why you seem to think it is "specific" to any one person. It is simply answering the question as to why you do not want a hearing on the papers.

If it doesn't "fit" the box, you can of course open the form in any PDF software and then add a text box over the D1 box and paste the words in, resizing to fit. An example below is where I used Arial 9pt which fits perfectly.

AllSticks

Hi all. You've been very helpful but I now fear that I may have messed up my chances badly.
I have not done the following as ordered by the court:

>> 6) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 4pm on 12th January 2024.<<

I did also have a witness in the form of a mechanic who can't make the hearing in person so I now don't have his statement as part of the hearing.
I feel so angry at myself.
Does anyone have any advice how to proceed?
Have I ruined my chances? 

The following is in the same letter:

>> Unless the claimant does by 4.00pm on the 22 January 2024 pay to the court the trial fee of £27.00 or file a properly completed application (i.e one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 22 January 2024 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred. <<

Although today is only a day after the above date, I'm guessing dcb legal have made this payment and still intend to proceed.


Thanks

Fruitcake

Send the WS now, today, before 4pm. If you have the mechanic's statement, or can get it this afternoon, or have receipts for work done, then include that with your WS today.

Don't carry on reading and posting, get your WS away this avo during CNBC working hours, today. 

Coupon-mad

We doubt they've paid the hearing fee if you haven't received THEIR WS!   Ring your court and ask if it is discontinued or struck out & did they get a WS bundle from the Claimant.

AllSticks

Some good news everyone:

>>> We act for the Claimant in the above matter.   

Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.  

The attached has also been filed with the Court.  

We will now proceed to close our file accordingly. <<<

Coupon-mad

AllSticks said:

Some good news everyone:

>>> We act for the Claimant in the above matter.   

Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.  

The attached has also been filed with the Court.  

We will now proceed to close our file accordingly. <<

Yay - yet another DCB Legal discontinuance.  As expected and astonishing they are getting away with using the courts like this.

WELL DONE FOR SEEING IT THROUGH.

ANOTHER UKPC ONE BITES THE DUST!

I have added you to the 'disco' thread. 

patient_dream

AllSticks said:

Some good news everyone:

>>> We act for the Claimant in the above matter.   

Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.  

The attached has also been filed with the Court.  

We will now proceed to close our file accordingly. <<<

WELL DONE ....... you beat the timewasting children who play silly games to extort money