Civil National Business Centre Claim form help

Gr1pr

Add an e signature,  a signed piece of white paper in black ink,  scan or take a picture,  add to the bottom of the Witness Statement and save as a pdf 

emmy_lou_2

Hi
Its a week before the hearing, should we have received a ‘ Trial Bundle’ from the claimant ?
Thank you  

Gr1pr

emmy_lou_2 said:

Hi
Its a week before the hearing, should we have received a ‘ Trial Bundle’ from the claimant ?
Thank you  

Correct,  if they paid the hearing fee on time , as mentioned on your court order,  because both sides have the. same WS deadline , including you ( as well as Gladstones on behalf of Horizon. )

Check your email inbox and spam folders for an N279 discontinuation document 

Coupon-mad

emmy_lou_2 said:

Hi
Its a week before the hearing, should we have received a ‘ Trial Bundle’ from the claimant ?
Thank you  

Yes! You did yours but they didn't?

I would ring the local court asap, to see if the hearing has been vacated.

emmy_lou_2

I received their witness statement on the 4/12/25, but reading the N157  it mentions a Trial Bundle that the claimant needs to send to court and all other parties, at least 7 days before the hearing. Is that  just the WS that they emailed on the 4/12 ! 
Thank you 

Coupon-mad

A trial bundle is everything from the claim form through to your WS & exhibits and also theirs. A fully combined bundle.

They will probably supply it this week sometime (delayed by Xmas/New year holidays no doubt) but if not, your partner - the Defendant - could ring the court on Friday or Monday and ask if the hearing is going ahead.

If it is, your partner must attend early to get through security, take a loo break, read his WS and make sure he:

- asks the Judge at the start, to please strike out the claim per the two persuasive appeal authorities of Chan & Akande

- points out that the Claimant failed to file & serve a trial bundle, so as well as failing to plead their basis of claim properly (in breach of Part 16) they also ignored a Court order;

- this is 'wholly unreasonable conduct' in spades and that's before you even scratch the surface and note a course of conduct starting when they filed a claim for £0 last April then discontinued it, which was hard to understand what was going on yet also intimidating and a complete waste of the Defendant's time;

- then they filed a fresh claim in which the PCN was exaggerated by £10 (as their own signage evidence proves) AND they have added a further £70 which is false double recovery as it covers template letters already accounted for in the PCN itself (per ParkingEye v Beavis).

- on top of that, they've added pre-loaded interest. S69 of the County Courts Act 1984 grants courts a discretionary power to award simple interest but this POC assumes 8% interest (calculated on the whole enhanced quantum from an unspecified date) on the top line of the sum claimed;

- this serial exaggeration of the quantum unjustly enriches them or Gladstones on every undefended claim. This conduct is an abuse of the court process but the Claimant has not applied for relief from sanctions to amend the vague and yet exaggerated POC and has simply run with the same enhanced sums in their witness statement, which is signed by a person who has never been to the site, isn't a witness at all and has not attended this hearing. The Claimant's witness statement is no more than hearsay;

- and all that is before you even look at the lack of merit of this hopeless case where Horizon did not use POFA 2012 (paragraph 9) compliant wording on their NTK, so they cannot hold the Defendant liable as registered keeper. It was two days before Xmas 2023 when the store - a massive Tesco 'Extra' - offered specially extended early opening hours. The solicitor - who wasn't there and doesn't work for Horizon - has stated (with no evidence) that "the store opened at 6am" yet the Defendant is convinced that it opened at 5am as it was the 23rd December. He also has evidence on his banking app of around £90 spent there on groceries for Christmas. On the balance of probabilities, no shopper could possibly have done the Christmas grocery shop, gone through the till, returned to his vehicle, filled the boot, returned the trolley, and left the car park in 25 minutes flat! So the Claimant's witness is clearly wrong but cannot be cross-examined because the solicitor is not in attendance;

After saying all of the above, your partner must then confidently ask the Judge for his costs in full, taking with him some proof of time off work, (his daily or hourly paid rate) plus costs of childcare for the hearing time if applicable and/or his travel, and ask for several hours of work on the case - at £24 ph - which is the LIP rate applicable in cases where the threshold for 'wholly unreasonable conduct' was met.

(call the judge 'judge' by the way).

emmy_lou_2

Thank you !!!! your advice and support is greatly appreciated ! 

LookAtTheBrightSide

Hi @emmy_lou_2, Good luck to your partner tomorrow - let us all on here know how it went!

emmy_lou_2

Thank you @LookAtTheBrightSide ! Will do! I will be glad when it’s all over !! 
What’s the latest with your claim ? 

LookAtTheBrightSide

I'm working on my WS, have to submit it next week. Hearing in Feb. Will also be glad when it's all done and dusted.