This is not a hearing regarding the substantive matter, surely. It's to consider your set aside request. The WS of both parties seem to be straying from this, IMO.
So much of your WS is predicated on you not being properly served that IMO this question should be front and centre i.e. why weren't you 'properly served'?
Because you ignored their Trace letter and they then served you at your original address.
If service could simply be avoided in this way then the process would grind to a halt, surely.
I cannot see what the Claimant did incorrectly here.
Just saying.....
I'm sure you'll be fine. Here is a short video that explains what actually happens in a small claim hearing:
https://youtu.be/n93eoaxhzpU?feature=sharedGood luck tomorrow and come back with a "court report" of what happened.
Thanks for your insights
@H C AndersenDear
@b789,
The judge accepted setting aside the CCJ, but I have 28 days to present my case.
She told me to seek legal advice.
Does the other party present a new POC?
Many thanks!
Did the judge read the skeleton argument? Was the other side represented at all? What exactly happened? What about your costs for the application? What exactly did the judge say about the claimant needing to send amended PoC?
You should get a copy of the judges order in about a week. Show that to us when you receive it.
Any defence will be cased on what was in the skeleton argument and your WS.
Hi
@b789,
Did the judge read the skeleton argument? No, because when I asked her, she said she was going to grant the set aside, so she does not need the skeleton argument.
Was the other side represented at all? No, they were not.
What exactly happened? What about your costs for the application? The judge was rushing. My hearing was pushed back because the judge had a team's hearing, and she overran the previous hearing.
She said:She conceded the set aside, but I need to present a defence in 28 days. She ordered the claimant to pay me the fee, and she suggested me to look for legal advice.
She ordered the claimant to pay me the £303
What exactly did the judge say about the claimant needing to send amended PoC? Nothing, it is just me asking you.
I am still confused if the claimant can send a new POC.
It will depend on the order. However, it is good news that they were ordered to pay your costs.
I doubt that they will defend this and are most likely to cut their losses and discontinue.
When the order comes, we'll have to exactly what the judge ordered. It is so unfair though that she didn't take the time to read the skeleton as she could have just struck the claim out there and then.
Well done for gettinh this far and getting your fees reimbursed.
Let's wait for the judge's detailed order and next steps.
Hi
@b789 I hope you're doing well.
I have not yet received the judge's order. I changed my address but notified the court in April, as well as the judge on the day of the hearing.
Would it be appropriate to contact the claimant's solicitor to request reimbursement of the court fee and the removal of my details from the trust registry?
Many thanks!
Hope you are doing well!
I have my hearing on 10/04/26. I have received today the claimant's witness statement. In my defence, I said my husband was driving the car. They now say that in the PCN appeal I said "I parked the car" so I changed what exactly occurred.
I have not received any correspondence from the court saying I have to fill out a WS.
Could you please advise me?
Many thanks?
They now say that in the PCN appeal I said "I parked the car" so I changed what exactly occurred.
This is not ideal and you will need to address this in your Witness Statement. Both statements cannot be true, which for obvious reasons could affect your credibility. Who was actually driving?
You should work on the assumption that your WS must be received 14 days before the hearing - can you show us the notice that confirms your hearing date, the claimant's WS, and your defence?
My husband was driving.
If I was a judge looking at your submissions, one of the first questions I would have would be "Why, if your husband was driving, did you repeatedly say that
you were driving in your original appeal?".
You would be wise to pre-empt that question and provide an answer.
could you please have a look to my WS?
I am the Defendant in this claim. I make this witness statement from matters within my own knowledge and honest belief, except where stated otherwise. 1. I am the Defendant in this matter and the r...
The email exhibited by the claimant does not contain a clear statement saying "I was the driver." My appeal was an informal challenge sent by me as the registered keeper, and any wording that may appear imprecise was not intended as a formal legal admission of driving.
Happy to hear other opinions but I'm not sure this comes across as particularly credible.
Your appeal says variously "I left my vehicle" and "I only stayed 10 minutes". I note your valid point about English not being your first language, but from your submissions it seems clear that you know the difference between "I" and "My husband".
This might not be fatal to your case, I just worry it may harm your credibility in the eyes of the judge
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