Help with N244

[Johndenver]

So I have received a court date of mid October. It will be a telephone hearing. I would have preferred to go in person and make lowell have to travel to me. But what can you do.

I just have a question about the process, will the court send lowell my witness statement and evidence bundle or do I need to do this?

Will lowell have to provide evidence that they dispute what I'm saying before the hearing? And if they do will I receive this? I don't want to be blindsided on the day.

[Johndenver]

Hi R0b I just wanted to ping you in to ask for a little bit more advice.

I have found your previous advice at:

https://legalbeagles.info/forums/for...rivate-parking

invaluable in trying to prepare for my telephone hearing. I just wanted to ask about quoting case law. There is 2 bits of case law that you mention in thread that I believe will be really helpful for my arguments. I have not included these with my bundle to the court. Nor any mention of the relevant CPR rules. In post 2 under point 7 you talk about how you need to draw the judge to the relevant page of the CPR or case notes.

Can I just ask, if I intend to quote some of the case law as seen in this thread, should I be sending an amendment to the bundle in advance?

[Johndenver]

R0b sorry for pinging you again I appreciate that you have been busy I just wanted to let you know that I won! Thanks Couldn't have done it without you!

[R0b]

Great news, thanks for the update.

So how did it go and what did the judge say/rely on to get it set aside?

[Johndenver]

I felt like the judge was on my side. He had thoroughly read all the witness statements and evidence so just asked the claimant and I a series of questions. Which I was glad for because I was really nervous.

He started on the claimant first, focusing on when they where aware of my current address (they had included a couple of contradictory dates as part of their witness statement.) Then he came to me and asked if I had any evidence that the claimant had my current address prior to the claim being issued. I explained that I did not have any documents from prior to the claim being issued but that I had received letters that I no longer possess. He said so you don't have documentary evidence, but that the statement that I had recieved letters was a form of evidence.

he asked about my emails from the claimant dating back to 2018 and whether they had contacted me by any other means in 2020. I said they hadn't. He asked if I wanted to add anything else in support of my claim. I quoted idemia France v decatur Europe (that I found in one your previous replies to another poster) specifically the bit about the obligation to take reasonable steps is not an onerous one, and if the claimant had contact information a simple first step would be to ask for their address.(I had added this to my witness statement)

the claimant then went on a massive speil of legalese that I didn't understand, bringing up the Denton test and the fact that it was a small amount issued a year ago meant that it shouldn't even be a consideration. That I had no mandatory or discretionary grounds to be requesting it.

the judgement itself was really hard to hear, the judge explained that he couldn't hold the phone and write at the same time. But he summarised that it was set aside on mandatory grounds under cpr 13.2, costs where ordered and that I have to file a defense and serve it on the claimant and the court within 7 days.