Moorside Legal - Another case

ChirpyChicken

They will be allowed. Given its the small claims track

wp408

Good to know. Seems a shame they can just disrespect the courts deadline. 

And speaking of, they won't be attending the hearing and ask the court decide the matter in their absence 'in the interest of proportionality and to save incurring further costs. No disrespect is intended to the court or defendant.' 

Gr1pr

But if they pay the trial fee then they may send an advocate on the hearing date,  so the next deadline is the hearing fee date and deadline,  no fee,  no hearing 

So dont assume that nobody will turn up, if they pay for the hearing,   but do assume that nobody from Moorside Legal or the parking company NCP will turn up,  so plan accordingly 

wp408

Gr1pr said:

But if they pay the trial fee then they may send an advocate on the hearing date,  so the next deadline is the hearing fee date and deadline,  no fee,  no hearing 

So dont assume that nobody will turn up, if they pay for the hearing,   but do assume that nobody from Moorside Legal or the parking company NCP will turn up,  so plan accordingly 

Also good to know! I would have thought that would go against the save incurring further costs bit to send an advocate. 12th of January is the deadline for paying the court fee. Is there a way to find out on the day if they have paid the fee? 

Gr1pr

There is always the danger of the claimant instructing a legal representative to attend,  but most defendants dont realise that when they get the paperwork that you just received 

The bundle was legally presumed delivered under the court ruling,  2 business days after posting,  but the civil court will allow late deliveries,  especially due to the busy Xmas period,  nothing to see there

You contact the local court the day after the hearing fee was due,  assuming that you dont receive an email with the N279 discontinuation document in the meantime,  in your inbox or spam folders

wp408

Update: Hearing fee has been received by the court. Will update after the court date on the 9th of Feb.

wp408

Just sending in my witness statement. Just check that needs to be emailed to the court and to Moorside Legal? 

Thanks

Gr1pr

wp408 said:

Just sending in my witness statement. Just check that needs to be emailed to the court and to Moorside Legal? 

Thanks

Thats correct,  the court on your Court Order,  not the CNBC 

wp408

Writing this very quickly so apologies for the brevity. But in short, Another one bites the dust!

Moorside didn't show, and didn't send an advocate. We proceeded without them, but we didn't even get to my full defence. The judge threw out their evidence and witness statement as they failed to prove that they had the authority to manage parking on the land in question and that their signs were actually readable, or even existed at the site as it has been handed back to council from their management. I was awarded £12.90 for travel expenses only (which I'm sure I'll never see lol), and but funnily my printing costs to print my 60 page defence was £11.80 at my local library. So I'm net £1.10. Bargain.

I probably should have asked for that at the hearing, but I was so happy that it was over I kinda forgot in the shuffle of it all! Whoops.

What an anti climatic ending, but thank you all for your help on this journey. Another egg on moorsides face.

Coupon-mad

Yay well done you! As you say:

ANOTHER ONE BITES THE DUST!

😃