Set-Aside Hearing Tomorrow....need help!

Chloe_Meow

@Boat_to_Bolivia, MoneyClaim Online is new to me. How do I access it, do I have to register or be provided something? My set aside was sent to CCBC and then to my local court.I've been dealing with my local court since and assumed the N180 will come from them. I thought CCBC was out of frame for me at this stage, am I correct? Or, is there a history for me to view on MCoL?

Boat_to_Bolivia

My apologies I missed that you were already dealing with your local court. Yes you are right CCBC are out of the picture now and MCoL not relevant to you.

Chloe_Meow

Wonderful, thank you BtoB!

Chloe_Meow

I have questions about the Claimant's answers to the N180 DQ questions:
A1...Small ClaimsMediation Service...the C has stated "Yes"...I will put "No".

For D1, C has stated "No" and "There are factual disputes that will need to be heard by the judge directly and the Claimant will need the opportunity to cross examine the Defendant and test any evidence put forward by the Defendant.There are also complex issues of fact and law that will be best argued orally."

I will also put "No" but for interest, would the C be putting questions to the Judge for me to respond to or would the C be addressing me directly. Similarly, would my responses be put to the Judge or the C?

For Hearing venue E1, the C has stated "Claimant's home court. The Claimant requests that all hearings in this matter take place remotely (CVP/telephone). This is the most proportionate option given the low value of the claim."

How do I counter this as it's strong on cost-efficency and may sway the Judge? Or is it routine to favour the Defendant in this matter? 

Umkomaas

I will also put "No" but for interest, would the C be putting questions to the Judge for me to respond to or would the C be addressing me directly. Similarly, would my responses be put to the Judge or the C?

The judge will orchestrate proceedings. He/she will have it played the way they wish in their court. Just follow the instructions on the day. 

For Hearing venue E1, the C has stated "Claimant's home court. The Claimant requests that all hearings in this matter take place remotely (CVP/telephone). This is the most proportionate option given the low value of the claim."

They always request that.  Never seen them succeed!

How do I counter this as it's strong on cost-efficency and may sway the Judge? Or is it routine to favour the Defendant in this matter? 

It's not something you 'counter', you just state the name of your local county court. That's where the hearing will take place. It's not a case of 'favouring' anyone. Unless the claim is against a private business, the Defendant has the right to a local hearing. 

B789

You also put no for D1 and write the following:

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 its 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.

Just overlay a text box and use Arial 9pt and it will fit.

You just choose your local county court. Of course the claimant wants it to be in their local court but the system gives preference to the defendant.

https://www.find-court-tribunal.service.gov.uk/

Chloe_Meow

Thank you, @Umkomaas, @B789

Chloe_Meow

Hi. Hope everyone is well. It's been time since the last communication from the Court or the Claimant. However, the court posted a court order to me last week to send in the N180 Directions questionnaire otherwise the case will be settled in the Claimants favour. I was told by the Judge in the set-aside hearing that I should expect to receive the N180 DQ from the court, fill it in and return. But, I received nothing from the Court. Surely, they didn't expect me to find it, complete it and return it of my own initiative?! However, I have the N180 I downloaded from the web and completed back in June 2023 saved on my computer which I'm about to email to the court. Do I need to also copy the Claimant in on the email? (i.e. send a copy of the completed N180 to the Claimant) 

KeithP

Chloe_Meow said:

Do I need to also copy the Claimant in on the email? (i.e. send a copy of the completed N180 to the Claimant) 

The last line on the last page of a N180 form is...

Chloe_Meow

Thanks KeithP, I spotted that too after I posted. Is this a common thing to be court ordered to send the N180 in when the Court hasn't sent one out?