3 questions re: BW Legal claim

Ukay1

@Coupon-mad - so I have a hearing date and submitted my witness statement in time.  I received a date document from BW which incudes their witness statements complete with exhibits and colour photos etc.  In their letter they state an advocate will be attending the hearing.  

I read this post by another person from last year (same Claimant) who lost and was ordered to pay just over £200: https://forums.moneysavingexpert.com/discussion/6370640/kbt-cornwall-t-a-armtrac-security-services-pcn/p3

This is despite the Defendant doing everything he could.  He says it sounds like the judge made their mind up before the case was heard and wouldn’t let him speak.  

I am now due to have surgery two weeks before the surgery.  So I can attend was going to ask the court to postpone the hearing which is two weeks after the surgery.  Is there any point in doing so?  Is the court likely to even postpone?  Even so, would it just be prolonging the inevitable? 

Perhaps most importantly, have others been having success where it is purely a shortfall in what was paid owing to genuine error and the parking app not working (which is similar circumstances to me and the other person who lost)?

Not feeling particularly hopeful today after reading the other user’s post.  

Thanks.

Coupon-mad

It all depends which Judge you get.  Some are like that and you can tell as soon as you hear the first things said, and/or from the Judge's expression and mutterings as you both give your accounts!  You'll know.

The Judge in that link wasn't terrible because he removed the added £60 fee extortion. If you seem to be getting short shrift from your Judge, concentrate and explaining why the £60 or £70 fee should be disallowed and certainly oppose anything their rep says about him/her getting extra costs!  This is small claims and extra costs are only for cases where the other party acted unreasonably.  It's not unreasonable conduct to defend and attend your hearing.

If the Judge seems onside, concentrate on blaming the Claimant's app which caused the issue and made it impossible for you to pay more.  Or whatever went wrong.  That's a good legal argument if the Judge accepts that the fault lay with their system and not with you.

I would not try to postpone the hearing as long as you think you'll be fit enough to attend.

Ukay1

@Coupon-mad thanks for your advice.  

Unfortunately, the surgery is pretty significant and the pain will mean I won’t be very mobile for several weeks and certainly not in a fit enough state to travel to and attend a court hearing.  Have been awaiting the surgery for several years and the slot became available very suddenly after the hearing date was allocated.  I would like my day in court though to explain my side of the story so I want to try to seek a postponement of several weeks.

Do you think the best email address I should write to request a postponement would be claimresponses.cnbc@justice.gov.uk?

Johnersh

It would be reasonable to provide the medical confirmation of the surgery and request the hearing is remote whilst you recuperate. C is probably unlikely to object.

Gr1pr

Ukay1 said:

@Coupon-mad thanks for your advice.  

Do you think the best email address I should write to request a postponement would be claimresponses.cnbc@justice.gov.uk?

Surely your request would go to your local nominated civil court   ?

Coupon-mad

Ukay1 said:

@Coupon-mad thanks for your advice.  

Unfortunately, the surgery is pretty significant and the pain will mean I won’t be very mobile for several weeks and certainly not in a fit enough state to travel to and attend a court hearing.  Have been awaiting the surgery for several years and the slot became available very suddenly after the hearing date was allocated.  I would like my day in court though to explain my side of the story so I want to try to seek a postponement of several weeks.

Do you think the best email address I should write to request a postponement would be claimresponses.cnbc@justice.gov.uk?

Definitely NOT that email address.

The CNBC are not involved: they allocated the file to your local court ages ago!