BWLegal - Advocate?

c_damon

Hi All

I have been through this process many times thanks to this forum, and have supported many friends and family in following this guidance.

However, one case with BWLegal has been set for hearing on the 20 something of August. BWLegal have served their bundle of documents, with a paralegal's witness statement and skeleton.

The email states they will have an advocate at the hearing. The Defendant wont be attending the hearing and therefore, if there is no NoD then they will be - reluctantly - paying.

Can I ask whether it is still likely they will serve a NoD, or is it commonplace that they do now instruct advocates for a £250 claim.

Coupon-mad

"The Defendant wont be attending the hearing and therefore, if there is no NoD then they will be - reluctantly - paying."

Why on earth would they pay?!

Even if they lost, then - as long as the D does a WS and evidence AND excuses themselves for good reason, not less than 14 days before the hearing - the likely sum they could be ordered to pay is £212. It's less than the claim and the advocate's fee/travel can't be claimed unless the D acts unreasonably.

Why can't they attend?

What's the WS deadline?

Which PPC?

c_damon

Napier Parking.

The notice of hearing was never received. Therefore the hearing date is less than 4 weeks and presumably that is the deadline for service of WS. We will nonetheless serve these but it is worth noting.

They cannot attend due to work commitments.

Didn't realise excusing was an option - though what are the chances that the advocate would succeed in their claim for costs?

Car1980

Complete lottery. You could lose immediately and the other side could be given costs due to the defendant's unreasonable non-attendance.

Or it the judge could be grumpy about non-attendance but reluctantly find for the defendant.

I'd come up with some better excuse than "work commitments", unless they're a surgeon or paramedic.

But at this stage there's no point paying unless they can negotiate. By all means offer them £100, but don't mention non-attendance.

Coupon-mad

"Didn't realise excusing was an option - though what are the chances that the advocate would succeed in their claim for costs?"

Like I already posted: pretty much zero chance of them getting extra costs, if the D excuses themselves not later than 14 days before AND files & serves a WS and evidence (which probably also had that same deadline but the D will have to ring the local court to ask).

The WS rarely has to be in 4 weeks before.

Do that call tomorrow to find out what the Order said about WS & evidence deadline, and also ask them for the email address for WS & the request to have the case heard in their absence.

What's the PCN for?

Where?

Disabled or elderly person accused of overstay, or a PCN issued in a few minutes?