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Ask Alice H Your Own Question

Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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I have been involved in a case as a defendant. Vs excel parking.

Customer Question

I have been involved in a case as a defendant. Vs excel parking.
Was working in hospital paying monthly parking fees. Parked in restricted bays on several occasions. Excel put a PCN on those occasions. Brought a claim against me for £900.00.
Have been to court once. Second hearing was on 9th June which I was unable to attend. Got a letter "stating that i pay the sum to the claimant. this order was made of the courts own initiative pursuant to cpr part 3.3(4) you may apply to set aside, vary or stay the order". can i ask for a hearing as i was unable to attend due to a sudden family illness. Have asked court office they have suggested fill our from N244
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.

Alex Hughes :

My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

Alex Hughes :

Did you contact the court on the day to explain why you could not attend? Do you have evidence of the family illness?

Customer:

I actually wrote to the court a week before seeking postponement and the claimant agreed as well. due to delay in making payment/ mis communication with court office my request went in front of the judge on friday ie 6th. the judge did not agree to postpone

Alex Hughes :

So you made an application using form N244 before the hearing? On what grounds were you an adjournment?

Customer:

i was out of the country on friday th june as i was told i will get a phone call from the office to confirm postponement. didnt receive the call came back on 16th to see the letter at home stating case not adjourned

Customer:

i was travelling abroad

Alex Hughes :

OK. I'm a little confused - I thouht you were unable to attend due to family illness?

Customer:

sorry i said travelling abroad

Alex Hughes :

OK. So just to be clear: you were travelling abroad so asked for a postponement but this was refused by the court?

Customer:

yes

Customer:

so the question is can i apply for a re hearing

Alex Hughes :

Understood. So was the application to postpone refused whilst you were out of the country?

Customer:

yes

Customer:

i was away from 9th morning till 16th

Customer:

i was waiting to hear from the court office as they told me that i would get a phone call to confirm as it was very close to the hearing the date

Alex Hughes :

You can certainly make the application and ask for a nearing to state your case and reasons why you could not attend.. The Judge will have to decide whether your reason is sufficient to setaside the order and "re-open" the case.

Customer:

so what should i write in the order paragraph in form n244

Customer:

also my case was postponed initially pending hearing from judge maloney case

Customer:

and now that case is in court of appeal

Alex Hughes :

I can take you through the entire form and help you to complete it but suggest we speak on the phone. This will be quicker than typing plus you will get all the information you need. I have suggested a fee of $50 by way of additional services which will appear at your end.

Customer:

i need to fill paragraph 3 and 10 3 being the order and 10 the reason

Alex Hughes :

The application is for an order to set aside the order dated xxx. The reasons will be the reasons why you could not attend on the date in question.

Customer:

what would be a genuine reason

Customer:

set aside and reopen

Customer:

r u aware about judge maloney case in cambridge

Alex Hughes :

I can't make up a reason for you! You will have to explain why you couldn't attend and ask the Judge to accept that as your reason.

Customer:

there is court of appeal i suppose i could use this as a reason as well.

Alex Hughes :

The other case is not gping to be relevant to your non-attendance at your hearing.

Alex Hughes :

I'm not sure how the Court of Appeal case will explain why you couldn't attend court.

Customer:

but even if one cannot attend for any reason is there no possibility for a re hearing

Customer:

do i need to attach flight tickets etc as proof

Alex Hughes :

There is always the possibility of getting an order set aside. I'm not suggesting that you shouldn't make your application. But in order to succeed your reason will have to be compelling. The Judge will not set aside unless you can give a good reason for being unable to attend the hearing. You mentioned family illness - that's certainly a good reason. If you make a poor application and lose you could be ordered to pay the other party's costs which will add to the debt.

Alex Hughes :

Why were you travelling?

Customer:

lose after hearing

Customer:

holiday

Alex Hughes :

Yes - if you lose the application you cpuld end up paying the other side's additional costs in addition to the application fee.

Customer: replied 2 years ago.

if the judge agrees then there will be a re hearing. i need a chance to fight my case.

Expert:  Alice H replied 2 years ago.
If the Judge sets aside the original order (made in your absence) then the case will go back to that step. So you will then be able to make representations about the original claim.

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