Parking company not attending court.

mich598

Hello
I got a letter through stating the claimant wishes to be excused with the claim being proceeded in their absence.
Is it worth me attending or should I ask for the same.
The date is inconvenient and knowing the opposition isn't bothering has me questioning whether I should.
Thank you

Snakes_Belly

mich598 said:

Hello
I got a letter through stating the claimant wishes to be excused with the claim being proceeded in their absence.
Is it worth me attending or should I ask for the same.
The date is inconvenient and knowing the opposition isn't bothering has me questioning whether I should.
Thank you

Are they asking for the hearing to be heard on papers? You don't want that. 

B789

Also, it could also mean that they will have a rep there on their behalf. Either way, as @Snakes_Belly says, you really don't want to be "heard on papers".

mich598

The letter is from gladstone solicitors.
It states
The claimant has requested that the court excuses its attendance and that the claim be decided in its absence.
The claimant has filed and served documents persuant to the notice of allocation to the small claims track and the court has been notified of the claimants non attendance and the court has been asked to deal with the claim in the claimants absence.

Snakes_Belly

It sounds as if they are asking for the hearing to be heard on papers. You really do not want that to happen and need to advise the court that you want to attend a hearing in person or by video link. It will seriously disadvantage you to have the hearing heard on papers. 

If they are not prepared to attend hearings they should not enter into litigation in the first place. Sounds like an ambush.    

B789

@mich598, what is your defence/WS like and have you seen the claimants WS? If you attend and they don't, you will be able to defend properly and your evidence will have added weight because you are the only witness to the alleged claim.

Umkomaas

It's a standard in virtually every court case. It means the PPC won't attend (they don't want tricky questions from the judge to answer), it means Gladstones won't be there, but it does mean a rent by the hour, self employed legal advocate will be there, and if you're not there your prospects of any success are at best extremely remote!  You have to do this face to face. 'On the papers' is not an attractive (or easy/soft) option - I can't recall any wins by any motorists who've erroneously opted for this. 

Coupon-mad

That letter is not suggesting the case is heard on the papers, don't worry.  The hearing will take place.  Make sure you attend in good time with all the papers printed out (theirs and yours) and some bullet point notes to refer to.

We hope you've already filed & served a full WS bundle (we do NOT mean your defence) this month?  Like the ones posted in recent months by @aphex007 or @SJRRJS

patient_dream

As said just because Gladstones can't be bothered, they will employ a "rent by the hour" legal to be put on the chopping block by a judge

If you don't attend, it is a default judgement against you.
If the legal they send does not turn up then it's a default against them.

Either way, either by default for you or your win, you claim your costs

The courts are well versed with Gladstones

mich598

Coupon-mad said:

That letter is not suggesting the case is heard on the papers, don't worry.  The hearing will take place.  Make sure you attend in good time with all the papers printed out (theirs and yours) and some bullet point notes to refer to.

We hope you've already filed & served a full WS bundle (we do NOT mean your defence) this month?  Like the ones posted in recent months by @aphex007 or @SJRRJS

I havent submitted anything this month.
I submitted my defence around 3 years ago but the court case was postponed due to the pandemic.
May I ask what is a full ws bundle is?
Thank you

B789

mich598 said:
I havent submitted anything this month.

I submitted my defence around 3 years ago but the court case was postponed due to the pandemic.
May I ask what is a full ws bundle is?

What is the date of the hearing? Have you prepared your WS? Have you seen the Claimants WS/bundle?

If you are asking what is a WS/bundle, perhaps you should go back to the Newbies/FAQ thread and have another read, the second post in particular.