First things first. To get the venue changed without paying an application fee, here’s what you should do:
Review Your N180 Directions Questionnaire (DQ): Start by checking the N180 form you submitted, particularly Section D, to confirm that you indicated your preferred court location. If you did specify a venue closer to you, this will help demonstrate that the current venue was assigned in error.
Contact the Court Directly: Write a formal letter or email to the court where your hearing is currently scheduled, explaining that the venue is unfair and inconvenient. You should refer to CPR 26.2A, which states that cases in the small claims track should usually be heard at your local court. Politely request that the court rectify this error without requiring you to submit a formal application.
Refer to the Civil Procedure Rules (CPR): In your letter, reference CPR 27.9(1)(b), which requires small claims track cases to be heard at the defendant's home court unless there are exceptional reasons otherwise. You can argue that no such exceptional circumstances exist in your case and that assigning the current venue is contrary to standard practice.
Cite the Overriding Objective: Point out CPR 1.1, which says that cases must be dealt with justly and at proportionate cost. Highlight that requiring you to travel three hours for the hearing is disproportionate and causes unnecessary hardship, going against this principle.
Request a Venue Change Without an Application Fee: Make it clear that you are not trying to delay the proceedings but simply want a fair hearing at your local court. Ask the court to change the venue administratively without requiring a formal application or fee, particularly if the venue was assigned incorrectly.
Request Judicial Discretion: You can also ask the judge to use their discretion under CPR 3.1(2)(m) (the court’s general case management powers) to change the venue without charging you a fee, as this would correct an administrative error.
By following these steps, you stand a good chance of getting the venue changed without having to submit a formal application or pay a fee, especially if the original request for venue was incorrectly processed.