Please help! ***I WON***

chunkrock

I am a bit confused.

My judgement was set aside (yay) but rereading it it says "the claimant has until the 23rd at 4pm to file their claim and the defendant then has 14 days to file their defence"

Should they reclaim again by tomorrow... do I have to go back to court? I thought that with a set-aside the entire thing was thrown out and I have to be reissued the initial fine?
Do I still have to pay the £300 without a chance to try barter a deal with the company?

Redx

the set aside just puts things back to how they were when the claimant issued a court claim, not reissue the initial pcn etc

so it is resetting the clock and the claimant must start again with their court claim, if they wish to pursue it , including going back to court

if you thought a set aside was going to wipe it all out, you were wrong

Coupon-mad

You thought wrong, chunkrock, but you are nearly there. Think about it:

- the scammers filed a claim
- you didn't receive it, so you didn't get a chance to defend,
- so you got the CCJ set aside to take it back to 'square one' (no CCJ but still a claim).
- they now have xx days to reinstate that claim & serve their Particulars and you can then defend the claim, like you were meant to.
- if they do comply with that date/Order, you then defend and if you win (yes, at the hearing about the claim) you then ask for ALL costs
- if they don't comply with that Order, WRITE TO THE JUDGE WITH YOUR COSTS & ASK FOR THE ENTIRE CLAIM TO BE STRUCK OUT!!

KeithP

chunkrock wrote: »

"the claimant has until the 23rd at 4pm to file their claim

That tells you that the ball is in the Claimant's court.

If they do (re)file their claim in time...

chunkrock wrote: »

the defendant then has 14 days to file their defence"

KeithP

chunkrock wrote: »

Do I still have to pay the £300 without a chance to try barter a deal with the company?

You can barter a deal any-time you like - right up to going through the courtroom doors.

Coupon-mad

why the heck of hecks do you think:

- that they will comply by tomorrow, and

- that you will lose (given that a loss here is as rare as hen's teeth!)

- that you have to pay them money?

The_Deep

£300 is far more than the Law allows for this sort of claim. The down market solicitors whom the PPCs engage know this, but, because they are solicitors, know that a lot of people will pay up.

It is in fact double charging and non claimable debt collectors' add ons. Imo, this is fraud, or, at the very least, improper conduct.

Were this to get to court and win, the judge would be unlikely to award the claimant more than £175 - £200.

I urge you to report this grubby law firm to their regulatory body, the SRA.

https://www.sra.org.uk/solicitors/handbook/code/content.page

as I am sure they do not condone this conduct.

Coupon-mad

Why doesn't the OP prepare their costs schedule to post to the Judge, with a letter requiring the claim to be struck out and all his costs paid by the waster Claimant (including £255 fee, and travel and loss of leave/salary, and hours spent on this scam at £19 per hour)?

Rather than assume (wrongly) that you are doomed! I would be crossing my fingers for nothing to arrive in the post tomorrow!

Jeez even if you lost the claim in the end you'd pay a shedload LESS than £300!

chunkrock

Coupon-mad wrote: »

Why doesn't the OP prepare their costs schedule to post to the Judge, with a letter requiring the claim to be struck out and all his costs paid by the waster Claimant (including £255 fee, and travel and loss of leave/salary, and hours spent on this scam at £19 per hour)?

Rather than assume (wrongly) that you are doomed! I would be crossing my fingers for nothing to arrive in the post tomorrow!

Jeez even if you lost the claim in the end you'd pay a shedload LESS than £300!

Ok, I shall do just that! Fingers crossed the postman is sick haha

Umkomaas

Ok so they got me, its me driving and you can clearly see that in the photo.

This is not face recognition technology. Maybe you can see what you can see, but they'll see nothing but a random face - just a single face from 70 million in the country. Come on, think about this stuff! Check the definition of ANPR - that's all they use!

Do you think that the PPC knows what anyone looks like? Or are you famous? They have no clue whatsoever - and in 99% of times (I'm sure it's 100% - but we don't see every case) CEL don't push forward with any re-submission of their claim.

You're almost there, stay on message.