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

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Comments

  • Coupon-mad
    Coupon-mad Posts: 131,185 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 31 January at 4:26AM
    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?
    Yes we see it a lot.

    A copy goes to the SOLICITOR of course, not the parking firm.  You aren't dealing with them.

    I see it was Bank Park and they are using DCB Legal, who are likely to discontinue the claim before the hearing. We expect...

    Remind us: did you get awarded the £275 fee back at the first hearing?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
    First Post Name Dropper
    I have an update after sending the Directions Questionnaire (DQ) in before the deadline - court ordered. In the DQ, I stated the dates that I will be unavailable, yet I received the response from the Court now and they've allocated a date for a Dispute Resolution HEaring (DRH)- Small Track when I am unavailable. It's ridiculous. There's no way I can make that DRH. I've sent an email to the court politely asking if the decision for the hearing date took into consideration the dates I specified in the DQ but I've had no response. In the meantime, DCBLegal have sent an email proposing, in the interest of saving costs and without prejudice, an offer of £100 in lieu of the actual amount being claimed. I wanted to go all the way and have my day in court but the hearing date isimpossible for me and I'minclined to accept the offer and I feel sick about it having done so much preparation and work. Not to mention the help from all you sweeties. Can someone suggest a way out for me please where I can make it to court. Accepting the offer implies that I am at fault and the breach did occur and I reject that. The Order for the hearing is giving the 14 days limit to submit the WS, which I have to do which is not a problem. It's the actual court date which is the problem.
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
    First Post Name Dropper
    @Coupon-mad, I'm on HwF, so no fee for me...I believe.
  • Coupon-mad
    Coupon-mad Posts: 131,185 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 12 March at 1:30AM
    Ring the court and ask what they are going to do to change the date because they ignored your DQ dates.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
    First Post Name Dropper
    I did. But, the person was more of a receptionist and kept saying they couldn't advise, I'd need to get legal advice. Only help they provided was an email to the Hearings team which is the same email that I'm supposed to email my bundle to. So, then I emailed them stating what I said in my previous post. I haven't received a response yet.
  • Coupon-mad
    Coupon-mad Posts: 131,185 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Ring again and demand to speak to the court manager as this is now a formal complaint.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
    First Post Name Dropper
    Ok, we're back on, but not quite. I called again but was told it's 'not allowed' to speak with the Court Manager. This call agent was a little more clued up, but only a little. He actually read what was on the system and said that there was a new Hearing date which complied with my unavailable dates request. However, according to the agent, the letter sent was dated 4th March which is the letter that had the old Hearing date. I told him that I expect a new letter with new dates due to submission deadlines etc. But, he replied saying that there was only the 4th March letter which had the new dates assigned. It looks like they took notice of my email and scrubbed the dates on the system for the letter sent out on 4th March. But, they haven't notified me of the new dates and there is no new letter entry. I would never have known had I not called.I can't believe they would amend a historical record instead creating a new entry/letter task. Seems like a cover-up, does anyone else think that?. I'm sure that's not right, in any line of work. Anyway, I'm going to send another email to the Court asking for a new letter with the new Hearing dates. I also managed to confirm with him that there was no entry for a DQ sent out to me.

    Regarding the DCBLegal offer email. Do I respond? How will the Court see me for not particpating in negotiations to reach an agreement when it has emphasised 'saving costs'.?
  • Coupon-mad
    Coupon-mad Posts: 131,185 Forumite
    Name Dropper First Post Photogenic First Anniversary
    You ignore DCB Legal's so-called offers but you need to keep pushing the court for that letter.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
    First Post Name Dropper
    I sent another email addressed to the Court Manager complaining that I have had no response and asking for confirmation of the date change and for an electronic copy of the  letter to be sent to me as a matter of urgency followed by a hard copy by post. That was yesterday. Today, I received an email from DCBLegal stating that after discussions with their client they have been instructed to 'discontinue court proceedings and close [their] file'. They have attached an N279 Notice of Discontinuance with the email and said that it has also been filed with the Court...."We will now proceed to close our file accordingly". Funny, the call agent didn't bring it up. I have my doubts - they've repeated themselves too much in the email with 'closing of the file'. They behaved similarly during the set-aside when they sent an email stating that they agree to the set-aside and that it was filed with the Court, but it wasn't. I wonder if they thought that I would then not attend the set-aside hearing as a result. Default judgement would have been passed in the Claimants favour as nothing was filed with the Court saying that the Claimant had agreed to a set-aside. Are they employing the same tactics again? How can I get concrete confirmation? Based on past experience, the Court systems don't get updated immediately. I will call the Court again tomorrow, but can anyone give me a heads up as to what I should be specifically be asking for. Will try attach a redacted jpeg of the N279 that I received.
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
    First Post Name Dropper
    Here is the exact wording of the email....

    "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. "
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