Not able to attend Parking Fine Trial and Hearing

arshadganja

Hi everyone,

I have a hearing on 18th November and the trial on 19th November, and both have now been moved to a court that’s about an hour’s drive from me. Originally everything was listed at my local court, but it was later cancelled and relisted at this further location.

I’m currently dealing with knee pain and struggling with walking/driving long distances, and having to travel on two separate days is really not ideal. I also have work commitments on both days.

The claimant has filed their trial bundle and confirmed they will not be attending in person.

My question is:
What’s the worst that can happen if I don’t attend either the hearing or the trial?
Will the court simply decide against me, even though the claimant isn’t attending either?

My defence is based on the argument that I wasn’t the driver at the time. I’m considering not attending due to the circumstances but want to understand the risks.

Has anyone had similar experiences or know how this typically goes?

Thanks in advance.

arshadganja

Also, if the decision goes against me, what is the maximum penalty that court can assign? Original demand from Claimant (UK Car Park Management) is around £250

elsien

How long have you known about the change of venue for?

Archergirl

I wouldn't not just attend, there must be a way to make contact with them surely?

YBR

I'd suggest two things, possibly in parallel:

Contact the court and say about your mobility issues, ask if anything can be arranged that might help.

See if any of your friends would be prepared to help out by driving you one of those days each - pay generously for their fuel! Edit: Or there may be a community volunteer driving service in your area, perhaps.

I agree that you should attend so move/delegate work commitments.

ChirpyChicken

You could have informed the court under the relevant civil procedure rule with at least 7 days notice of your non attendance
However you have left this to late so you should make the effort to attend

Gr1pr

Plus

Just because the claimant and their lawyers aren't attending,  doesn't mean that won't send an advocate !

If they do, that advocate will have the floor and try to sway the judge,  which could cost you a lot more than on the claim form 

You seem to be assuming that nobody is attending and that the judge will decide on papers,  never assume,  or assume that it could cost you approx £500 due to non attendance,  plan ahead,  get someone to take you if possible 

https://forums.moneysavingexpert.com/discussion/comment/81605424#Comment_81605424?utm_source=community-search&utm_medium=organic-search&utm_term=claimant+send+an+advocate

Even when they dont attend they ask for an extra £200

As for the hearing dates, you should have informed the court about unavailable dates, starting with your N180 months ago 

Le_Kirk

It seems strange that you have a hearing and a trial on separate days; are they for the same matter (claim number)?  What does your notice of allocation actually say and what does the notification about the changes say?

Car1980

Puzzled why you have two dates. Can you show us your court letter?

Did you include a costs assessment with your witness statement?

Mileage is claimable at 45p a mile if you win, plus approx £90 for a day off work.

"My defence is based on the argument that I wasn’t the driver at the time."

Did the particulars of claim include reference
to the Protection of Freedoms Act 2012 / POFA? Because not being the driver is only really a defence if they didn't, or the parking did not take place on "relevant land".

QrizB

OP has two prior threads for what looks like the same case. Neither are particularly informative.

https://forums.moneysavingexpert.com/discussion/6631509/bwlegal-email-not-working-for-serving-n180-dq-form

https://forums.moneysavingexpert.com/discussion/6638323/mediation-call-from-court-representative-for-parking-fine-claim-not-answered

It might help if they could share more details of the case.

Coupon-mad

You can't have two hearings on different days for one case. That must be a court error.

Ring them up in the morning to ask for clarity: which one is live?

You MUST make the effort to attend (give yourself plenty of time) or you will be considered 'wholly unreasonable' for not attending and the claimed sum could be granted in full, plus interest and the cost of their rep attending. Adding hundreds on top.

Do NOT duck out of this.