Gladstones - Technical defence against PCM

Umkomaas

Umkomaas wrote: »

What case have you got? What do you want to achieve?

Kas22 wrote: »

It's referring to the same case this thread is about.

Well I guessed that, but this is the parking company's case against you. I'm not sure you are in any position to have it progress any further given that the set aside has now been given in your favour. It's the PPC who are in the position to pay to have it re-opened (but not many of them do it after it has once been thrown out by the court).

I haven't gone back through the 80-odd posts, but did you issue a counterclaim at the time of the acknowledgement of service?

Back to my second question (which you didn't answer) - what do you hope to achieve from having the case heard in court?

Kas22

Ideally I wouldn't want a hearing.

Best case scenario is if the Claimant doesn't challenge the Order.

I'll keep an eye on the MCOL status and see if anything changes this week.

Kas22

Umkomaas wrote: »

I haven't gone back through the 80-odd posts, but did you issue a counterclaim at the time of the acknowledgement of service?

Back to my second question (which you didn't answer) - what do you hope to achieve from having the case heard in court?

No, I filled out an AOS and sent a Statement of Defence.


I was hoping to defend my case, but seeing as it's now been thrown out it's upto them to chase if they wish to pursue it further.

Kas22

UPDATE:


MCOL online shows that the defence was received, and today I received a letter from Gladstones with PCMs Directions questionnaire filled out.


Gladstones have responded that the PCM intend to request a special direction that the case be dealt with on the papers without the need for an oral hearing.


They also write:


"The request is simply because the matter is incur Client's opinion relatively straightforward and the costs incurred by both partied for attending an oral hearing would be disproportionate. We trust you agree.

You will not our Client (PCM) has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward"



I am yet to receive a Directions Questionnaire (form N180), but in the mean time am tempted to respond to Gladstones that I oppose, as per https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016

nosferatu1001

Nope, you do exactly as told
You complete your own N180, includin gthe oppose cover letter, and sned to court and copy to claimant.
Dont go out of order.

Loadsofchildren123

Kas22 wrote: »

Received a letter titled "General Form of Judgement or Order' where it confirms that the judgement be set aside.

It also states:

"Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of the service of this Order. If the application is one which requires a hearing, and
a) the party making the application is the Defendant; and
b) the Defendant is an individual,
then upon filing of the application the claim will be transferred to the Defendant's home court. In all other cases requiring a hearing the claim will be transferred to the preferred court."

I didn't understand the above so called CCBC who said the judgement had been completely set aside, meaning there will be no court hearing. I initially thought the Judgement of Claimant (in default) was to be set aside and I'd proceed to a court hearing, but guess not.


So it now appears that the order has been set aside and I'm left to dispute this with PCM (without a court hearing?).

Not sure what to do, but guessing I should wait for Gladstone!!!8217;s to raise another court claim and start the process again?

Or, should I start a defence in the 'Response Forms' section of MCOL, which will incur a fee?

To clear up this point:
When an order is made without a hearing (in this case the order to set aside the wrongly given judgment in default) the court HAS TO provide that if anyone disagrees with its order they can apply to vary it or set it aside. So in other words, if you or the Claimant are dissatisfied and think the set aside order shouldn't have been made then you apply to vary/set aside THAT order. Obviously you won't want to do that. If the Claimant does, they'd be very stupid because the default judgment was set aside because of a procedural error.


in other words, ignore it, it's meaningless


As you were. The case will now proceed in the normal way - next you'll get a DQ form from the court with an order telling you when you must return it by (and send a copy to Gladstones), and provisionally allocating the claim to the small claims track. Once DQs are filed, the case will be transferred to your local court. Make sure in your DQ you object to the suggestion that the case is dealt with on paper and say that you want an oral hearing.

Kas22

I'm a bit concerned as I haven't received a DQ (N180) form yet.



The DQ received by Gladstones was on the 22nd August. It's been two weeks and I haven't received anything.



I've logged onto MCOL where is displays that a DQ was filed by claimant on 24/08/2018.


Is there anything I should do?

nosferatu1001

WEll how about downloading a N180 yourself and sending it in to court and claimant.

Kas22

I guess I'll have to.

Kas22

Received a letter of 'Notice of Transfer of Proceedings' so am now just waiting for notice of allocation.


Should I be preparing a witness statement? Should it rely on my defence that was submitted?