County Court Case reopened - Gladstones

bobby_davro

I received a crappy PCN from UK Car Parks nearly 2 years ago and it went to County Court Gladstones failed to appear for the hearing and I got a letter from the court the case was set aside, huge sigh of relief.

Now I have a letter from the Court saying that the setting aside has been set aside and there's a new hearing date in 3 months time. It says I have 7 days to apply for it to be set aside, varied or stayed against this, what should I do?

Quentin

See the newbies faq #2 for advice on how to set about preparing for the hearing

bobby_davro

I can't appeal against them reopening the case then?

Quentin

Yes if you want to

A set aside application fee would be payable (£255)

bobby_davro

Wow, that's pricey. So I might as well see it through.

The_Deep

I got a letter from the court the case was set aside,

Please can you/someone explain this.

bobby_davro

I don't have the letter as I threw it away as it seemed to indicate No Further Action as both parties failed to tun up.

DoaM

The case wasn't set-aside - it was dismissed. The set aside you've received is to reopen the claim, and you're being asked to respond to the set-aside request.

On what basis is the set-aside being requested?

Quentin

bobby_davro wrote: »

Now I have a letter from the Court saying that the setting aside has been set aside and there's a new hearing date in 3 months time. It says I have 7 days to apply for it to be set aside, varied or stayed against this, what should I do?

Assuming you haven't thrown this one away, please tell us in more detail what it says ,(don't post anything to identify the case)

bobby_davro

Here's the letter:

"Upon consideration of the Claimants email dated XX XXX XXXX and doing that the Claimant had appropriate notice under CPR 27.9 of non-attendance (inviting the court to take into account its witness statement at the hearing)

The order dated XX XXX XX be and is hearby set aside."

The email was sent 8 days after the first hearing date???

Coupon-mad

Right, so you:

- submitted a defence when you got the claim, then

- submitted a Witness statement and evidence (of course) like Gladstones did?

- went to the court hearing (of course)?

...or (dare I suggest, by reading between the lines of what you told us) did you submit a defence then hope that was it, and are now left with NO WS and evidence in play because you didn't file anything after the defence?

"Upon consideration of the Claimants email dated XX XXX XXXX and doing that the Claimant had appropriate notice under CPR 27.9 of non-attendance (inviting the court to take into account its witness statement at the hearing)

The order dated XX XXX XX be and is hereby set aside."

If I am right with my second scenario and you left yourself with no WS or evidence submtted at all, urgently reply to that Order well within the seven days (it costs you nothing) and:

- ask that the order be varied, so that the Court now directs both parties to exchange their final witness statements and evidence that they intend to rely upon at the rearranged hearing by (date in August to be decided by the Judge).

Also, send a SAR to UKCPM as you seem to have thrown everything away...

You know what a SAR is, and what a WS and evidence needs to look like, from the NEWBIES thread post #2 all about court procedures.

Hopefully you can rescue this, or hopefully I am wrong and you did file a WS & evidence.