Parking fee paid | parking eye | ccj!!!

ExpatMom

Yes I did.....Should I send it again together with the Letter re above?

DRAFT ORDER

IN THE XXXXX COUNTY COURT

Between

PARKING EYE LIMITED | CLAIMANT
And
MS XXX XXX | DEFENDANT

CLAIM No XXXXXX

Upon reading the Defendant's application dated XX/09/2019;

IT IS ORDERED that:

1. The default judgment dated XX/12/2018 be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm following 14 days after the date on which the judgement is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3, the Defendant shall file and serve a defence by 4pm following 14 days after the date on which the claim is served.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing and all other associated costs.

6. All enforcement be put on hold pending the outcome of the application.

I did wonder if I would get a signed and stamped copy but didn't get round to asking the Judge or Usher?

Le_Kirk

Then you are covered by paragraph 5 but it will have to be so ordered by a judge at the defence hearing (or even a costs hearing as indicated by nosferatu). The court should already have that document but I would be taking a copy with me on the day!

gazhants

well done on winning your first battle of this war, whilst it's always enjoyable reading the victories, yours was made doubly sweet by your turn of phrase & setting of the scene. i felt like i was there too!

ExpatMom

Thank you xx I had to stop my mind from drifting into negative outcomes so started composing this to keep me from going bunkers

nosferatu1001

ExpatMom - the draft order *does not* have to ve the Order the court makes, but there is no problem in kindly asking the court to consider making that their Order

If so, you are covered for your costs completely should they discontinue.

ExpatMom

Hello Again

I got the General Form of Judgement or Order in the mail yesterday.

It states inter alia

....Upon hearing the Defendant in person and upon the Claimant not attending
IT IS ORDERED that;
1) Judgement be set aside.
2) This matter be transferred to the County Court at Clerkenwell and Shoreditch for directions.
Dated xxxx

My questions are
1) Why was it transferred? To be defended properly or all over again?
2) Does it mean the case is back to NTK state?
3) Will I receive a letter from the Clerkenwell & Shoreditch Court, when and
4) What will it say? What Directions should I expect?
5) Should I expect to hear from Parking Eye regarding this Set Aside? Will they continue with the case at Clerkenwell & Shoreditch Court?
6) IF it is back to NTK stage - is it worthwhile getting MARRIOTTS to intervene and get the PCN revoked / cancelled? How do I word any such letter?
7) I took the prior advice regarding costs order but nothing appears to have been done about it? I assume take up at defence stage.


Sorry for bugging you with these questions.

All these is doing my head in. The more I read the Order, the more confused I am and it's unsettling because there are no dates or times or deadlines so I have no idea what is happening, when it's happening or when I should expect all these to be over and done with!

Le_Kirk

I read it that the original judgment was SET ASIDE, i.e. as if it didn't exist in the first place. The court at Clerkenwell and Shoreditch will hear your defence against the original claim and, yes, I would expect to receive a letter of directions from them. They would also write to the claimant with similar directions.

ExpatMom

A Million Thanks x. It's the lack of timing and not knowing what / when to expect traction that's driving me mad.........x

ExpatMom

UPDATE

I received a letter from Parking Eye today. It says it's their "directions questionnaire (N180) as notice to proceed in this matter"

I haven't received any other letter from the court about submitting the form N180. The only correspondence I have from the court is the SET ASIDE notification - nothing else.

Should I have received any such letter?

Should I get / fill out the form N180 online and send to Clerkenwell & Shoreditch Court and Parking Eye?

In their form N180 - Parking Eye have;
....Ticked No to the case being referred to small claims mediation service
....Agreed small claims track is appropriate
.....Are not asking courts permission to use written evidence of an expert
.....Have put 0 (ZERO) in response to D3 - How many witnesses including yourself, will give evidence on your behalf at the hearing?
.....E1 - They have not included a fee with the form.

WHAT DOES ALL THE ABOVE MEAN?

I mean, I understand all the above, just wondering what the implications are, if any? And what sort of directions should I expect from the court?

Le_Kirk

It is quite normal for the claimant to send their DQ to try to frighten you! You can either wait for a DQ of your own or download one from the internet, complete it and send it to the court at Clerkenwell (presumably you have the address for that from previous correspondence.