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County court claim for parking please help

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  • System
    System Posts: 178,373 Community Admin
    10,000 Posts Photogenic Name Dropper
    Good luck today
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Hey guys

    So having been at the court from 930am me and the claimant was called into a room at 1pm am and told the case would be adjourned as they have no time basically.
    The claimant responded asking that the defendant shall have to pay the claimants fees again for re attendance at court.. this is not my fault surely?
    He also said about the costs being reserved and th judge confirmed that.. what does this mean?

    The claimant clearly think they are going to win this case as seemed very confident he wanted a hearing slot for 90 minutes minimum. Any advice or guidance would help

    The judge suggested possibly trying to settle out of th court, as I would have to take another day off work which is true.

    What’s my options?
  • System
    System Posts: 178,373 Community Admin
    10,000 Posts Photogenic Name Dropper
    this is not my fault surely

    No it's nothing to do with you as it is the court's issue but again you have to be aware UKPC's bod will say anything to worry you. Next time go in ready to argue their bod has no Rights of Audience. Did you get their name?

    Costs will always be "reserved" which basically is the judge telling the other side - on your bike if you think you can ask for costs when you haven't proven your case.

    And the "settling" is hard-wired into the court system so the court will always says that.

    Someone described as playing a game where no-one has told you the rules. That how it comes over to most newbies.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Ok so nothing for me to do just wait for a new date

    He approaches me after and took my number as he said he will contact scs to see about settling So we will see how that goEs

    Can’t remebee his name but it was a different person to who done the statement
    I felt like he could definitley overwhelm me in front of a judge with his knowledge? Probably abit less confident of winning now after this morning!
  • He also said that the claimant will be putting forward anoTher costs schedule that I would be liable to be pay if they won
  • System
    System Posts: 178,373 Community Admin
    10,000 Posts Photogenic Name Dropper
    He also said that the claimant will be putting forward anoTher costs schedule that I would be liable to be pay if they won

    That's on top of the uncollectable £500 they gave you before? You really must stop taking their nonsense at face value. The judge will deal with them.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • So the judge mentioned I can claim compensation from them for the day yesterday? How would I go about this? Any links or threads with similar story?
  • So having been at the court from 930am me and the claimant was called into a room at 1pm am and told the case would be adjourned as they have no time basically.
    That'll be the effects of the government's 38% cuts to the courts service and MoJ. Most voters are rarely at the "coal face" to see the realities. Sorry it happened to you.
    Costs will always be "reserved" which basically is the judge telling the other side - on your bike if you think you can ask for costs when you haven't proven your case.
    More precisely it means costs are rolled over to be dealt with at the final hearing. That is common to both. Thus if caminch1993 wins next time, he will be allowed to claim the wasted costs of yesterday (and he'd do well to remind the claimant of that).
    That's on top of the uncollectable £500 they gave you before? You really must stop taking their nonsense
    Each parking charge MAY be recoverable under contract and fixed court fees certainly are in the event of a loss. Once we come to what are, in effect, legal fees and interest it all becomes much harder for them (albeit not impossible).
    The claimant clearly think they are going to win this case as seemed very confident he wanted a hearing slot for 90 minutes minimum. Any advice or guidance would help
    Probably just "willy waving" there's a temptation to do that if you think your opponent is inexperienced. It's ill-advised since if the Claimant has it handed to him, (a) you'll be much more smug and (b) he'll look like such a bell-end that the local campanologist will take an interest...

    So. Back to preparing your case and making sure you can win this thing. I'm afraid I've never embarked on the tortuous process of trying to get costs off HMCTS for wasting my time (and FWIW half a day isn't even a lot of wasted time - I've had worse)!
  • Thank you both for your comments
    They are invaluable to me and UKPC would certainly be £1000+ richer if it wasn’t for you guys

    So in terms of defending is there anything else I can do? Do the witness statements eg just get rolled over? Or is new evidence allowed to be submitted? Or is it simply sit tight and wait for a new hearing date?
    Oh believe me it would be very good to see the smug look on his face be wiped if it was found in my favour. :)
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Everything should just get rolled across. Watch out for the new hearing letter and READ CAREFULLY to make sure nothing new is in there. There should NOT, for example be an order to exchange documents - like you had in your first hearing letter - unless the court feels like more was needed.

    Dont worry. THey are paid to look confident. THey also know (roughly, we've seen some rubbish advocates on here!) what theyre doing. This is still new for you.
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