Need help! Unlawful claim by PE

[Deleted User]

This is, unfortunately, a failure to read the rules - https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19/pd_part19a#1

The point is that there is no new claim form because it is the same claim - it is just that the new party is substituted in (hence the crossings out). I'm afraid the links aren't working so I can't see exactly what form it takes.

You then had a claim form and particulars sent to you in the usual way. Your argument may be that without a response pack you had no instructions as to how to deal with them, which the defendant ordinarily would have had. However, it's unfortunate because this could have been clarified on the forums sooner.

jasdeepsg

Is there a legal advise I can get access to maybe a written law or something along these lines, so that I’m confident that money will be returned.

I don’t want to end up paying for the court fees and pay the judgement both if Premier Park is not going to return the money.

Thanks

waamo

If, and it's a big if, you win the court will order Premier to repay the money. I can't see them ignoring a court order.

jasdeepsg

Johnersh- they did sent me the response pack. However as I mentioned earlier that it wasn’t clear that I have to acknowledge to the form I received because according to the guidance I needed to acknowledge it within 14 days of the service which is 5 days after the issue date. Issue date on the claim was 2016.

Given my conversation with ccbc in March I was expecting a new claim with correct dates.

It looks like The link you mentioned regarding substitution rules for claimant is more for claims that are in progress. Where as this is a different case in my opinion.

System

it wasn!!!8217;t clear that I have to acknowledge to the form

The court (and all the judges) will maintain it is clear. You are talking about 1.2mn small claims each year. If there was a problem it would have been ironed out.

Can't see a way out of this unless you are willing to pay for a set aside on principle.

[Deleted User]

is more for claims that are in progress.

But that's the point. The claim WAS in progress, it's just the judgment that was set aside.

The papers were then redirected to you, quite properly AND you were aware that they would be because of the set aside.

You received a response pack which explains that you must acknowledge within 14 days and you didn't. I fear that judgment was correctly entered.

The question is now whether you can get it set aside. You possibly can on the merits of the case, but I suspect you have little or no chance of recouping the application fee - unless of course your financial position would entitle you to a fee remission as of right.