Premier Parking Enforcement - Court Claim

RocquéRecords

I understand, what about requesting for it to be heard on the papers? but I do remember in the original claim we asked for that to be declined.

I'll try sending this email and call on Tuesday too just to see if there's any luck.

Dear Birmingham Court,

I respectfully request to reschedule the hearing scheduled for the 14th of May at 10:00 AM, due to a pre-booked holiday oversight. Apologies for any inconvenience caused.

If rescheduling is not possible, may my son attend on my behalf?

Thank you for your understanding.

Yours sincerely,

And if all of that was rejected and I couldn't attend what would the potential fine be still the same? 

Coupon-mad

No.  That would cost you £119 in fees.  Stop.

YOU CANNOT SEND THAT.

YOUR SON CANNOT GO ON YOUR BEHALF.

You are too late to ask anyway.  You are going to have to attend.

Coupon-mad

The only way you could get a free adjournment would have been to ask Gladstones for their consent to move the date but with a bank holiday now, you are too late to ask.

You should have realised and raised it a month ago.

Any email will arrive one week before the hearing & will get you nowhere.

You are going to have to attend OR send an email to the court & Gladstones saying you cannot attend and why, and ask for the case to be heard in your absence.

By doing that (not turning up) I'm sorry to tell you that we predict you will lose. And you might even be hit with their legal rep's fee for attending and you will be deemed unreasonable.

That would add £200 on top of the claim.

I am sorry.  You can't treat court hearings like this.

RocquéRecords

I understand and do apologise as I'm essentially throwing the winning case away and all the good advice I've received so I really am sorry about that.

I haven't sent anything so far so my current plan of action is as follows:

See if I can do anything to move the holiday, if not. It makes more sense for me to go as the holiday being non refundable costs more than I would lose on the case. From what I can see there are few options:

1. Email the court and gladstones to say I won't be attending and request for the case to be heard in my absence.
2. Ask Gladstones to settle for the claim form amount. Which is:
3. Ask Gladstones to drop the case pointing out the clear mistake in the evidence they presented. (don't know if this is possible as they might be able to change/fix their mistake)

RocquéRecords

The major mistake is that they are claiming ownership for the parking spots next to the one I actually parked in. (I parked in the one with the red arrow)

Coupon-mad

RocquéRecords said:

The major mistake is that they are claiming ownership for the parking spots next to the one I actually parked in. (I parked in the one with the red arrow)

In that case I would email both the local court & Gladstones, excusing yourself and asking for the case to be heard in your absence due to not being in the country on the date.

Ask that this email be placed with the file for the Judge so that he/she knows the D has asked in advance for the case to be heard in their absence. Given that this email comes more than seven days prior to the hearing date and the prior commitment cannot be changed, and no disrespect is intended to the court (and no disadvantage has been caused to the Claimant) you kindly point out that there should be no order as to costs (whatever the outcome) as it is a small claim with no unreasonable conduct.

RocquéRecords

Thank you for this, I've drafted this email to send below and do want to say again sorry for this stupid mistake, been really kicking myself about it.

Should I mention anything about the mistake I showed above or just let the judge look at the evidence and find that on his or her own?

"Dear Birmingham Court & Gladstones,

I am writing to excuse myself from the hearing on the 14th of May at 10:00 AM and asking for the case to be heard in my absence. This is because, I am not in the country on that date and extend my apologies for this.

I would like to request that this email be placed with the file for the Judge so that he/she knows I (the Defendant) have asked over seven days in advance for the case to be heard in my absence. I also want to mention that my prior commitment of being out of the country on this date cannot be changed, and I would never intend to show any disrespect to the Judge, Court or the opposing party.

Additionally, I want to point out that no disadvantage has been caused to the Claimant and there should be no order as to costs regardless of the case's outcome. This is a small claim with no unreasonable conduct involved.

Yours sincerely,"

RocquéRecords

After reading the other thread of a similar case to mine, is it okay if I change the first paragraph asking to attend remotely?

"I am writing to the court requesting permission to attend this hearing remotely, as I will be out of the country at the time of the hearing. If that is not permitted, please accept this email as me excusing myself from the hearing on the 14th of May at 10:00 AM and asking for the case to be heard in my absence."

Coupon-mad

Yes.

But definitely include the rest that I said in my last paragraph above.

Put the claim no & hearing date in the subject line of course.  And the word 'URGENT'.

RocquéRecords

Thank you, I'm going to send this:

Dear Birmingham Court & Gladstones,

I am writing to the court requesting permission to attend this hearing remotely, as I will be out of the country at the time of the hearing. If that is not permitted, please accept this email as me excusing myself from the hearing on the 14th of May at 10:00 AM and asking for the case to be heard in my absence.

I would like to request that this email be placed with the file for the Judge so that he/she knows I (the Defendant) have asked over seven days in advance for the case to be heard in my absence. I also want to mention that my prior commitment of being out of the country on this date cannot be changed, and I would never intend to show any disrespect to the Judge, Court or the opposing party.

Additionally, I want to point out that no disadvantage has been caused to the Claimant and there should be no order as to costs regardless of the case's outcome. This is a small claim with no unreasonable conduct involved.

Yours sincerely,