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Do I /can I submit evidence in response to receiving the claimants bundle?

2

Comments

  • Kid.Kadoo
    Kid.Kadoo Posts: 24 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    Hi all- My hearing is in a little over a week now- I have a WS, supplementary WS, and skeleton argument along with all my evidence (a lot of which is case transcripts). Can I/should I/will it be helpful to get some feedback here on what I've written in order to make sure I've not missed something glaringly obvious? If so should I redact things?
  • Coupon-mad
    Coupon-mad Posts: 157,268 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 December at 12:49PM
    Yes we can look but surely you've filed and served this already as your deadline will have been in November?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Kid.Kadoo
    Kid.Kadoo Posts: 24 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    Yes, indeed I have filed and served already! 
  • Kid.Kadoo
    Kid.Kadoo Posts: 24 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    One more question - do I need to print out paper copies of all the case law transcripts I quote/use? I have around 10 different cases I reference in my evidence!
  • Coupon-mad
    Coupon-mad Posts: 157,268 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would, if the hearing goes ahead.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Kid.Kadoo
    Kid.Kadoo Posts: 24 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    @Coupon-mad thank you. Must I print extra copies of everything for both judge, and the claimant too?
  • Coupon-mad
    Coupon-mad Posts: 157,268 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As long as your WS has provided the full citation, the judge and rep can find it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Kid.Kadoo
    Kid.Kadoo Posts: 24 Forumite
    Sixth Anniversary 10 Posts Name Dropper Combo Breaker
    With exactly one week to go until the hearing, I have just received an email from claimants legal team essentially saying they will drop everything against me if I drop my counterclaim. 

    Emotionally, I feel angry and like with all my wasted time over these past two years, and emotional aggravation trying to get them to cancel the fine in the first place that I should still bring them to court to have it heard. I feel I am owed something from them for waiting all this time to cancel right up until just before the hearing to decide that they are happy to cancel??!

    Logically, should I just accept this offer? Will the judge look badly on me that I didn't accept this last minute deal from them?

    Is this their usual tactic to bully you right up until the hearing date? Or is this a sign that they are now scared to lose the case??
  • Coupon-mad
    Coupon-mad Posts: 157,268 Forumite
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    Why not counter offer with a list of costs - not a huge sum - something they might agree to pay? £24 per hour is the new court rate.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Car1980
    Car1980 Posts: 2,399 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 9 December at 12:25PM
    Logically, should I just accept this offer? Will the judge look badly on me that I didn't accept this last minute deal from them?
    No, because negotiations are headed "without prejudice", which means they are not admissible in court and the judge will know nothing of them.

    Is this their usual tactic to bully you right up until the hearing date? Or is this a sign that they are now scared to lose the case??

    Counterclaiming is an uncommon move, but we've seen DCB Legal immediately cave in and even cover costs.
    They aren't scared of losing, but they've done the sums and looked at probabilities. And they've known from as soon as they received a counterclaim that they needed to put some pressure on you in the hope you would drop the case once you'd seen their court bundles.

    Plus there is a risk for them that if they lose they will have to kiss goodbye to this location because you'll be sharing your result with other residents.

    So yes, try to go for reimbursement of costs (headed without prejudice)
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