Received court papers: Re: Parking Co-op, Whitby 27th July 2012... WON

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Nothing about filing documents ?

M1

No, just the letter

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

We should assume it's standard directions then, so witness statements in at least 14 days beforehand.

M1

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

It says 'allocation hearing' in the letter...

What does this mean?

Presumably, for the judge to decide the next course of action?

But, how is this different from a final hearing?

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Oops, i didn't read that part. Essentially it means somebody somewhere in the court system wants to ask questions (probably of them) before deciding how to proceed. Could be to do with Schwartz etc.

Be prepared for them not to show and be ready with costs for unreasonable behaviour even if the case proceeds at a later date.

M1

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

In fact reading cprs it may be they haven't returned their DQ.

https://www.justice.gov.uk/courts/pr.../pd_part26#6.1

M1

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

That's better news!

I'll go prepared to answer any questions - hopefully, they won't show up... who knows?

You mention claiming costs for unreasonable behaviour - is this something that is submitted in writing or made verbally in court?

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

M1,
Further to my last... I agree...there's something going on... because when I rang the court on 19th May, they told me that the judge had reviewed the papers and asked for DEAL to provide additional information (see post #103).

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

That's better news!

I'll go prepared to answer any questions - hopefully, they won't show up... who knows?

You mention claiming costs for unreasonable behaviour - is this something that is submitted in writing or made verbally in court?

Best made at the time because a judge may say a letter isn't the correct way to do it and you need to apply which costs £155 !

M1

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,

Thank you - understood!

Do you have anything that I can use as a basis for making a claim... sample / template etc??

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

A letter for those who were called off seconds before court.

http://www.legalbeagles.info/forums/...836#post548836

Should give you some clues. Not turning up would in itself, imho, be unreasonable but the more bullets you use the more likely you are to hit (but don't fire so many you might hit the judge (annoy them))

M1

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,
Thanks... I'll keep that one up my sleeve - great stuff!
So, out of interest, what 'could' happen on the 1st July (allocation hearing)?
Is this hearing simply to allow the judge to decide how to deal with the case or can he/she dispose of the case on that day?

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

In fact reading cprs it may be they haven't returned their DQ.

https://www.justice.gov.uk/courts/pr.../pd_part26#6.1

M1

I have retained everything in chronological order from day one and have never received a DQ from anyone (CEL or DEAL).

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Hi M1,
Thanks... I'll keep that one up my sleeve - great stuff!
So, out of interest, what 'could' happen on the 1st July (allocation hearing)?
Is this hearing simply to allow the judge to decide how to deal with the case or can he/she dispose of the case on that day?

Correct on both counts. They can't hold the hearing but can dismiss at any time. It is likely they will tell the claimant to do something or the claim is struck out IMO.

M1

- - - Updated - - -

I have retained everything in chronological order from day one and have never received a DQ from anyone (CEL or DEAL).

Let the court know.

M1

[spotty dog]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

M1,

Thanks for your advice re. notifying the court that the claimant (DEAL) has failed to supply me with a copy of their DQ

Have you got a template letter containing the legal jargon or do I just send a letter in plain English?

Will the court regard the failure to supply a copy of the DQ to the defendant as a significant error?

Could this, in itself, provide grounds for the judge to dismiss this case?

I'm quite happy to notify the court but I don't want to miss a trick by being too efficient!

What I mean by 'being too efficient' depends upon whether any potential damage to their claim is irretrievable or whether by me notifying the court, they (DEAL) will be given an opportunity to rectify their error prior to the case being heard?

[mystery1]

Re: Received court papers: Re: Parking Co-op, Whitby 27th July 2012...

Have you got a template letter containing the legal jargon or do I just send a letter in plain English? No.

Will the court regard the failure to supply a copy of the DQ to the defendant as a significant error? Unlikely but i think they have had access struck out after failing to take heed of a warning to do it.

Could this, in itself, provide grounds for the judge to dismiss this case? POtentially but not that likely.

See above.

M1