Gladstones CCJ

System

Nothing! Once a claim is stayed my understanding is that it will remain so indefinately.

Not indefinitely

The court advised that they can reactive the claim but they would have to pay a £100 fee.

Courts as any FOML will tell you , are commercial organisations and want their money first.

Loadsofchildren123

Joining this thread a bit late. For what it's worth, I agree with Guys Dad's previous posts. You are essentially admitting the car is yours and was in your possession (ie you were driving), and your case is that you went nowhere near the carpark and their photo doesn't show that your car was there. If the stay is lifted (and I think I read another thread recently where Gladstones got a stay lifted without paying the fee), proceed with this defence and produce evidence that you didn't go there. Eg did you have passengers with you when you parked - get them to do statements saying you parked in a street and where you then went (but they must be ready to come to court on the day), where did you go (again, get your friends to back you up, is there any sort of footprint on your phone saying where you went? facebook posts? Credit card/bank entries showing where you went.... why would you have parked 2 miles away from where you went?).


So your entire defence rests on you not being there and you must do everything you can to show where you were and where you parked.


You can add in to your statement that you've been to the site after proceedings were issued, and there are no signs there, but if you were to try to argue that signage was insufficient the court may not allow this as it wasn't in your initial defence.

[Deleted User]

The order to stay unless a reply to the defence is served IS a case management power and is not necessarily ordered in every case.

Be that as it may, it's a good result. It could be stayed indefinitely or Kick-started by the Claimant PPC at a later stage. You have only 2 options. 1st is to maintain the status quo.

Second, you could apply for strike out and seek the costs of the application on the papers, without a hearing (£100 not £255) and ask for costs on the basis that you should not have the uncertainty of a pending claim hanging over you. The trouble with this is approach is that it risks triggering the PPC to put further work in and pursue the claim.

longleggedhair

Further update. I've had an email today from Gladstones enclosing a directions questionnaire (which is blank!) and also a request they have forwarded to the court that the hearing happen on the papers.

Now this request has come several weeks after the claim has been stayed, I have spoken to the court again today and they have confirmed this and also again advised they will have to make an application and pay a £100 fee if they wish to resurrect the claim.

I have spoken to my friend who is willing to give a witness statement and come to court to confirm I was not in the vicinity they claim, so I suppose now will be a waiting game to see what they do next.

Coupon-mad

Haha, sounds like they've really dropped the ball and forgotten where this claim is at!

Coupon-mad

longleggedhair wrote: »

Further update. I've had an email today from Gladstones enclosing a directions questionnaire (which is blank!) and also a request they have forwarded to the court that the hearing happen on the papers.

Now this request has come several weeks after the claim has been stayed, I have spoken to the court again today and they have confirmed this and also again advised they will have to make an application and pay a £100 fee if they wish to resurrect the claim.

I have spoken to my friend who is willing to give a witness statement and come to court to confirm I was not in the vicinity they claim, so I suppose now will be a waiting game to see what they do next.

Anything happened since?