Claim defence

completelyfubar

OK but the courts would only know if GS didn't pay me if I told them or raised the warrant?
Sorry I'm a little confused with the triggering process for a CCJ.

Castle

completelyfubar wrote: »

OK but the courts would only know if GS didn't pay me if I told them or raised the warrant?
Sorry I'm a little confused with the triggering process for a CCJ.

They already have a CCJ, but once UKCPM pays you and the funds clear, you notify the court and the CCJ will be removed from their record, (if paid within 28 days).

completelyfubar

Updated: I think we have a mix up on where I am in the process.
I'm just waiting to be paid my successful defence costs

bargepole

completelyfubar wrote: »

Updated: I think we have a mix up on where I am in the process.
I'm just waiting to be paid my successful defence costs

No mix up. The Judgment Order which says they have to pay those costs is recorded as a CCJ against them.

As stated above, it will be removed once they pay.

completelyfubar

Thanks for the clarification guys,
OK so there is a further process that the Judge didn't explain...

completelyfubar

Cheque arrived today.

Something fishy going on with the second claim, I had a response to my letter saying that the judge has considered my comments and will be in touch with his decision soon. That was a week ago, no contact.
Also the evidence bundles have been requested for a month before the hearing 'on papers'. The last one was 14 days which I believe is the norm?
I'm wondering if my letter to the Judge (last year) highlighting the similarity in the cases has finally been read! That and the fact there are a glut of cases now going through Burnley with regard to UKCPM and Roe Lee Car Park..... All with pretty much identical Particulars of claim.

nosferatu1001

A month before is fine, if the judge just ordered it

Yes it could have been read

Coupon-mad

a month before the hearing 'on papers'.

So the Judge wants to hear that one on papers alone, no hearing? Is it the same facts/same car park?

Did you tell them you don't want the case heard on the papers, and never agreed to it because you prefer to give oral evidence against a rogue parking firm. Add that you cannot understand why you are being put through this twice, when the matter has just been heard at a hearing where you won and were awarded costs against the claimant (claim number xxxxxx).

Say it seems that the claimant is trying to waste the court's time by duplicating a matter that has already essentially been decided on the same facts.

completelyfubar

OK peeps, this is just to update the thread in case others are watching.
Finally got a response from the court changing it to an oral hearing.
I've sent off my WS that opens with a request for dismissal by Claim Preclusion.
I've sent various emails/letters to GS/UKCPM/Court regarding this but we still proceed towards a hearing? bizarre to say the least. I really thought the court would have already dismissed this one. The hearing isn't until the 29th March so still time I suppose.
I'm not really bothered if I have to go to a hearing, great fun watching the rep squirm and I get paid my costs anyway

There are quite a few hearings scheduled at Burnley regarding the same iticket contract, we are all in contact on a closed FB chat. Two cases have already been discontinued by GS at the last minute so the defendants didn't get a chance to claim back costs .

Also, there are a lot of people in the group who ignored the court papers unfortunately and are now applying for a set-aside and hoping to get all their costs/fee's back.

Loadsofchildren123

completelyfubar wrote: »

There are quite a few hearings scheduled at Burnley regarding the same iticket contract, we are all in contact on a closed FB chat. Two cases have already been discontinued by GS at the last minute so the defendants didn't get a chance to claim back costs .

When a Claimant discontinues, the issue of costs remains live.


So the Defendant needs to write to the court and ask it to make a costs order.


read peperlini's thread. There are drafts on there. They will need to be adapted to the particular circumstances of each case. You need to make a costs argument and do a costs schedule. Nothing lost, nothing gained, it's worth a go on paper. Sassii got £1,500 in costs (although I think that was a bit of a fluke, but still...).


I'll go and look for a link to peperlini's thread.


Some people may have left it a bit late to do this, although I am not aware of any time limit.