Enforcement Agent Letter Saying Bailiffs are Coming

Cottom888

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I attended, claimant didnt show up.!

Had an issue with work computers we had a whole system change to a paperless office nd defence was stored on their and unable to print.

I did have my evidence with me in case law and photographs. Which i showed the judge. The claimant had filed a single photograph of the sign and it was a completely irrelavant sign stating "no parking at any time".

Because of the amount of wording on the sign i presented you couldnt read it on a4 so the judge questioned on what is there to do when the 4 hour parking expires, whether its get another ticket and the sign states that. I told him it was free to park come and go and there is not ticketing. As it was my word he said it was a weak defence.!

But as the claimant didnt present any relevant evidence then the case is set aside.

I have to submit my defence again to the court by the 10th July (which is a massive pain because i am out of the country for 2 weeks tomorrow).!

If i am successful in that defence then i can claim back the costs and the £255 set aside fee. But only then.

Pretty succesful then!

Cottom888

Just reading other cases of set asides and the judge granted a refund of the fee there and then. Ive had the set aside so why have i not had the fee returned as i was succesful?

Redx

if you read the CM replies in this thread it may answer your question

https://forums.moneysavingexpert.com/discussion/5657718

clearly , some do , some dont , who knows why ? but a judge can make their decision and any caveats as they see fit , so maybe some will wait and see and others may decide to punish the PPC or DCA by awarding the refund prior to any re-hearing

it is what it is, deal with it, because it is distracting and sidetracking you from defending your actual court claim as defendant

Johno100

Cottom888 wrote: »

Just reading other cases of set asides and the judge granted a refund of the fee there and then. Ive had the set aside so why have i not had the fee returned as i was succesful?

Did you ask for the fee back?

Coupon-mad

Cottom888 wrote: »

Just reading other cases of set asides and the judge granted a refund of the fee there and then.

Only twice. It's rare.

And you rocked up with no defence, you were lucky to get away with it. Skin of teeth.

Well done on that step - a success - but please prepare much better for the actual case and make sure you get your defence filed with the local court and the claimant, before you go away. Not a weak defence!