Seeking advice - PCN matter going to court

ChirpyChicken

Then there is a good chance this will go to a hearing.  Hopefully not!
However it easy to pick holes in the witness statement of  JB

Coupon-mad

ChirpyChicken said:

Which parking firm?

The claimant is Excel Parking Services Limited but the claim is handled by DCB Legal Ltd  

Here's an Excel case won today at a hearing:

https://forums.moneysavingexpert.com/discussion/6629799/excel-parking-dcb-legal-witness-statement-advice-please/p1

rose_valley1

ChirpyChicken said:

Then there is a good chance this will go to a hearing.  Hopefully not!
However it easy to pick holes in the witness statement of  JB

You were right, this is going ahead. I received an email this morning with the claimant's witness statement and I am pleased they've sent it earlier so that I have a chance to use to strengthen and alter mine accordingly. 

Their witness statement is signed by Jake Burgess, a Head of Legal, employed by Excel Parking Services Limited. 

According to an announcement he made on LinkedIn two years ago, he left Excel Parking, but has perhaps re-joined. 

Coupon-mad

Yes he did.

That's who ChipyChicken meant by JB

Coupon-mad

Yes, JB will now try to paper over the cracks but it doesn't mean you have no chance. Carry on and let's see what you receive.

Sadly 'no order as to costs' does mean you cannot claim costs from this hearing. Make sure you ask, next time. Indeed, put in a costs assessment a week before the new hearing,

rose_valley1

Regarding the costs assessment, could you please confirm the correct procedure for the next hearing?
Should I:

• submit my costs schedule and supporting receipts to the Court by email before the hearing,

• use a specific form,

• or simply prepare the costs schedule and bring it with me on the day?
  

I would be grateful if you could advise the correct approach.

Additionally, could you please clarify whether the Claimant is required to provide me with copies of the documents referred to in points 2 and 3 of the Court’s directions (the amended Directions Questionnaire and the copy of the appeal decision) if they intend to proceed?

Coupon-mad

You just email (to the court and JB) a sheet headed up 'costs assessment' with receipts a week before but you can't get any costs like childcare/travel for THIS hearing. The judge closed that door on both parties which seems very unfair on you.

Yes they have to 'file and serve' those now.

rose_valley1

Thank you! 

rose_valley1

Coupon-mad said:

You just email (to the court and JB) a sheet headed up 'costs assessment' with receipts a week before but you can't get any costs like childcare/travel for THIS hearing. The judge closed that door on both parties which seems very unfair on you.

Yes they have to 'file and serve' those now.

The judge ordered:

1. As the Claimant’s Directions Questionnaire was signed by a firm and not an individual (must be individual) and the Court considered the case of Mazur

2. ⁠The Claimant has to remedy the file and serve and amended Dir. Q. by 17th Dec

3. ⁠The Claimant must file and serve a particular evidence by 17 Dec.

4. ⁠If either of these are not completed the claim shall be struck out. If those steps are taken the case should be relisted for 1.5 hour hearing 

5. ⁠No order for costs

The deadline was yesterday, they haven’t served anything to me, I don’t know if they’ve filed anything further with the court. Do you know what is next? 

Gr1pr

Check with the court,  today or tomorrow,  you are representing yourself so should liaise with the court 

The answer to your questions depends on what the claimant did, or didn't,  do