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AOS completed, defense required

1356723

Comments

  • TPSTwats
    TPSTwats Posts: 126 Forumite
    Thank you.
  • TPSTwats
    TPSTwats Posts: 126 Forumite
    Morning,

    Just been reading a few of the cases which have been through the court. This may seem like an odd question, however is there a way of not attending the court? 1

    regards.
  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    This may seem like an odd question, however is there a way of not attending the court? 1

    Perfectly normal and happens a lot. Wait for the Notice of Allocation which will give a hearing date. On that form will be a date to exchange Witness Statements which you must do if you are not attending. And after the WS has gone in, but no later than 7 days before the hearing, you advise the court (and the other side) of your non-attendance so the case can be heard on papers only.

    Neither side should be in attendance then, and it will come down to the Witness Statements / evidence.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Why do you ask this now?

    What reading have you done that encourages you not to attend??
  • TPSTwats
    TPSTwats Posts: 126 Forumite
    It would mean I have to take a day off work and attend the court in Northampton which is a 2hr drive away. I am hoping to avoid that if I can.
  • KeithP
    KeithP Posts: 37,614 Forumite
    Name Dropper First Post First Anniversary
    TPSTwats wrote: »
    It would mean I have to take a day off work and attend the court in Northampton which is a 2hr drive away. I am hoping to avoid that if I can.
    You will not have to attend a court in Northampton.

    Where did you get that idea from?

    Are you not reading the comprehensive guidance offered in post #2 of the NEWBIES FAQ sticky thread?

    In particular, read again the links following this heading in that post:
    IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!
  • Coupon-mad
    Coupon-mad Posts: 131,567 Forumite
    Name Dropper First Post Photogenic First Anniversary
    TPSTwats wrote: »
    It would mean I have to take a day off work and attend the court in Northampton which is a 2hr drive away. I am hoping to avoid that if I can.

    Wow...you need to read threads properly. No-one goes there unless you live near that court! What on earth made you think everyone whose cases you are reading about, goes to Northampton?

    When you get your DQ N180, you CHOOSE your local preferred court.

    I worry that you need to develop an eye for detail. You need to read more carefully. You even asked someone who won their case, how much they had to pay...when in fact winners claim their loss of leave/salary, travel and sometimes more, a healthy 3 figure sum awarded TO them!

    The odd lost case causes a person to pay about £175 all told. No CCJ, nothing bad.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    To find the court you are likely to be given, put the postcode here

    https://courttribunalfinder.service.gov.uk/search/postcode

    Courts allow defendants to go to the nearest court based on their postcode location rather than the claimant's choice.

    Secondly, there is no need to attend as a well researched defence, witness statement and skeleton argument should do the job. Especially since the other sides evidence is patchy and contains errors (aka lies).

    The idea of having people go along to an oral hearing is based on the premise that the defendant's WS/SA can't do the job. In many cases it can as is illustrated by defendants coming back and saying they were not allowed to speak and the judge threw out the case.

    The choice to attend or not, is yours based on how strong you think your statements and evidence is.
  • TPSTwats
    TPSTwats Posts: 126 Forumite
    Ok, thank you everyone. I didn't understand if I had to attend court, not been in this privileged position before. :)

    Would be nice to receive money from them! That would be more than satisfactory.
  • Coupon-mad
    Coupon-mad Posts: 131,567 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Read sassii's thread.

    He/she got a 4 figure sum in costs, by listing all costs/hours wasted on their repeated PPC harassment and farce and by going into detail about how the Claimant had acted wholly unreasonably at all stages, playing fast & loose with the practice direction, the POFA, the Code of Practice, court deadlines and the very basis of claim having no cause of action against a resident based on their primacy of contract (specific to that case).

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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