ParkingEye Claim Defence - Overstay Welcome Break

Coupon-mad

WalkAbout13 wrote: »

Hi guys,

So I have not received any official correspondence from the court itself and my hearing is Monday morning!!!!

ParkingEye have sent me a copy of the discontinuation notice they sent to the court and a seperate letter saying that they want to discontinue proceedings.

I'm guessing they did (hopefully!) actually send it to the court but because they did not do this until 3rd January, the document has not been processed in time.

Do I still go to the hearing? What do I say? Surely there is no case as they do not want to go ahead!

You ask for 10 minutes with the Judge, even if your case is NOT listed, and show him/her the very late discontinuance and tell him/her how many times you have phoned the court clerks who were not aware of the discontinuance, hence you have had no option than to turn up today, and here are your costs.

Take the discontinuance, your costs schedule including your time spent on the case at £19 per hour (the standard LiP rate) proof of your loss of salary/leave for half a day to attend this hearing, and any travel and parking costs.

Ask that the claim, if still listed, is struck out and that your costs are ordered to be paid by the claimant whose conduct has been wholly unreasonable and they should not be granted 'relief from sanctions' for riding roughshod over the Practice Direction and causing you hours of work, for it all to end like this because PE couldn't be bothered to proceed once they saw your WS.

Do a costs schedule first thing. Copy one from the NEWBIES thread and don't forget that wage slip!

I am saying ask for 10 mins with the Judge EVEN IF the Usher tells you it's discontinued. Insist. You have been forced to turn up, so ask to see the Judge anyway.

Do not just say 'oh OK' and walk out. You want to try for costs.

WalkAbout13

Thank you coupon-mad, very helpful as always!

Just a quick update. The courts have been having IT issues so I could not phone yesterday morning to see if the case was discontinued or not. I went to the courts yesterday at the time of my hearing and it was not listed. The man at the front desk told me that I should assume it has been discontinued. I asked if I could speak to a judge or a court official and he said as my case is not listed it would not be possible as they are busy with other matters!

Anyway, I leave assuming that the reason it was not listed is because it has been discontinued.
I ring the County court line this morning and they tell me they have no record of a discontinuance being filed! The lady on the phone has sent an email over to the specific court and asked them to give me a phone later today.

Is there any chance things could go wrong here?! I did everything I was supposed to!

Umkomaas

Is there any chance things could go wrong here?!

Anything can go wrong (Murphy's Law) - but how would we know whether it will?

beamerguy

What a state when the courts don't know what's going on ????

But, if it was not listed, nobody could be called ?

Coupon-mad

The man at the front desk told me that I should assume it has been discontinued. I asked if I could speak to a judge or a court official and he said as my case is not listed it would not be possible as they are busy with other matters!

That was the point when you shouldn't have taken no for an answer, and claimed costs.