PCN Wrong registration number entered on ticket machine

KeithP

fadeinout wrote: »

Would not paying the hearing fee be grounds for unreasonable behaviour?

No it would not.

fadeinout

KeithP wrote: »

No it would not.

CPR 3.7A 1(7) provides that if the trial fee has not been paid on or before the trial fee payment date, then the claim will automatically be struck out without further order of the court, and unless the court orders otherwise, the Claimant will be liable for the costs which the Defendant has incurred.

Does this sanction mean I wouldn't have to convince the judge of unreasonable behaviour?

Coupon-mad

You won't even see a Judge, nor be likely to get your costs, if it is struck out.

System

You won't even see a Judge, nor be likely to get your costs, if it is struck out.

You can though pay to see a judge and ask for costs for unreasonable behaviour and the costs for seeing him/her.

fadeinout

Coupon-mad wrote: »

You won't even see a Judge, nor be likely to get your costs, if it is struck out.

I will be more than happy if the claim is struck out without any costs claimed. I misinterpreted the sanction as an open goal to claim some costs

IamEmanresu wrote: »

You can though pay to see a judge and ask for costs for unreasonable behaviour and the costs for seeing him/her.

As tempting as that is, I've spent a ridiculous amount of time on this already so when this claim hopefully gets struck out next week, that will be the end of it. Although I was starting to warm to the idea of picking apart their witness statement in front of a judge!

Many thanks to both of you for your continued input. I will report back next week once the court opens again after the bank holiday.

fadeinout

Claim has been struck out due to non payment of the hearing fee

I should receive written confirmation in the following days

Le_Kirk

Excellent, have you had confirmation in writing?

fadeinout

Le_Kirk wrote: »

Excellent, have you had confirmation in writing?

Only confirmed via a phone call to the court today. Written confirmation will follow once back log has cleared

Umkomaas

16 months of hassle, 170 posts on the thread, and they discontinue. It is a crazy situation that they can put you through this, then simply walk away, Scot-free

You must write to your MP and express your absolute anger about their tactics.

fadeinout

Had a letter from the court today.

It is ordered that

1. The claim stands struck out for non payment of the hearing fee
2. The Claimant shall pay the Defendant costs summarily assessed at £220

The scheduled hearing has now been vacated.


Happy days!!

Massive thanks to everyone who contributed on this thread and towards my defence and witness statement. They clearly backed down based on the strength of my case against them and that wouldn't have been possible without you guys, especially coupon mad, who has been brilliant from day one. Thank You. :j