Speaking on Behalf of Someone Else in Court/Remote Hearing Location

Snuff11

Thanks!

so we (more accurately, my wife) tell them that we moved to Scotland. If they won't agree to a CVP hearing we will need to file an N244 with an application to strike or for a CVP hearing (hopefully it's £108 as you said because the entire claim is for £250).
We'll try that and keep you updated.

I don't understand the UK's separate law systems. If someone lives in Scotland and parked somewhere in England, will the PPC have to file a claim in the Scottish court system, even if the car park is in England and under English law?

Coupon-mad

Yes.  But they wouldn't.

I wish the D had told them at pre-action stage that she'd moved to Scotland.  She would have been untouchable. No court claim.

Please use the phrases I gave you. And look up the train and flight costs and provide URL links to those websites to prove the costs risk that ParkingEye face if they carry on.

She needs to phrase it that way to encourage them to drop the case or settle for £35 (if she's Ok to offer that to draw it to a close, which I thought she might as it is better than paying £108 and letting it drag on)!

ParkingEye are pragmatic.  They won't carry on if they can avoid it.  I think it will work.

Grizebeck

Right have you actually asked the court to make it a hybrid/cvp/telephone hearing 

Snuff11

Thanks. I'll keep you updated.
How does it work with the separate law systems in the UK? If someone lives in Scotland and parked in England, should a claim against him be filled is Scotland, although the car park was in England and under English law?

nopcns

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#II

Castle

Snuff11 said:

Thanks. I'll keep you updated.
How does it work with the separate law systems in the UK? If someone lives in Scotland and parked in England, should a claim against him be filled is Scotland, although the car park was in England and under English law?

They can only bring a claim against the driver in a Scottish court.

Snuff11

Hi everyone,

Thanks again for all the help.
Parkingeye have yet to respond and the hearing is on the 26th of April.
What are our options now? Make an application to strike out the claim due to lack of jurisdiction?

Coupon-mad

Parkingeye have yet to respond and the hearing is on the 26th of April.
What are our options now? Make an application to strike out the claim due to lack of jurisdiction?

She's sent my suggested email to PEye and heard nothing? She sent it to enforcement@?

But she's not done this (below) so is leaving herself having to travel to attend in person?  And has she filed and served her Witness Statement & evidence this week before the deadline?

Grizebeck said:  Right have you actually asked the court to make it a hybrid/cvp/telephone hearing 

Snuff11

Coupon-mad said:

Parkingeye have yet to respond and the hearing is on the 26th of April.
What are our options now? Make an application to strike out the claim due to lack of jurisdiction?

She's sent my suggested email to PEye and heard nothing? She sent it to enforcement@?

Yes to both.

 Coupon-mad said:

But she's not done this (below) so is leaving herself having to travel to attend in person?  And has she filed and served her Witness Statement & evidence this week before the deadline?

Grizebeck said:  Right have you actually asked the court to make it a hybrid/cvp/telephone hearing 

She would not travel to attend the hearing, it makes no sense. Filed evidence and defence a long time ago, not sure about a witness statement.

Coupon-mad

But she's not done this (below) so is leaving herself having to travel to attend in person?  And has she filed and served her Witness Statement & evidence this week before the deadline?

Grizebeck said:  Right have you actually asked the court to make it a hybrid/cvp/telephone hearing 

She would not travel to attend the hearing, it makes no sense. 

We know... Which is why she had to ask the court to change it to a video or phone hearing.  She has done that, yes?

Filed evidence and defence a long time ago, not sure about a witness statement.

Errrrmm...it's mandatory and it's in the Hearing Order. Deadline is likely TOMORROW.  Read the hearing Order.

See the WS and evidence stage in the NEWBIES thread.  Easy to do/copy.

She'll lose and get clobbered with hundreds in extra costs if she fails to file a WS and fails to attend the hearing, if it is going ahead.  Both of those are unreasonable conduct.

I suggest (if she hasn't received the Claimant's WS by now) she should ring the court tomorrow, to check if they have discontinued or is the hearing going ahead?

If it is, she THEN asks two things:

(a) can she attend remotely and
(b) what's the court's email address to send her WS & evidence bundle over the weekend?