UK CPM PCN for parking visitor's space - County Court Claim

willber92

The date to submit any documents was the 26th December, so I got my Witness statement all printed with exhibits (as my local court said they wouldn’t accept the digital version I’d sent as they didn’t want to print so many pages!) the night before I went travelling and sent to the court and Gladstones.

So, a month later, I haven’t received a WS via post or email from Gladstones. Have emailed the court twice to ask what this now means, from which I’ve had no response.

If the Claimant hasn’t supplied me with their WS does this put me in good stead?

Would they still be able to use it in court if they haven’t followed the procedure, and could this mean they might have bottled it after receiving my WS?

Hopefully someone can shed some light on the above, or if all else fails I’ll have to wait for the date when the court fee is due to be paid by them, unfortunately haven’t got the documents with me so no idea when this will be, is there normally a set time before the hearing when it’s due? The hearing is now set for the 20th March.

Le_Kirk

If the claimant failed to file and serve a witness statement by the deadline imposed by the court, then you can ask for it to be inadmissible at the hearing.

willber92

Thanks for letting me know, how ridiculous that it isn’t automatically deemed inadmissible! The whole system is so skewed in the Claimaint’s favour.

Keeping my fingers crossed that they won’t pay the court fee.

KeithP

willber92 wrote: »

Thanks for letting me know, how ridiculous that it isn’t automatically deemed inadmissible! The whole system is so skewed in the Claimaint’s favour.

I am not too sure that that is particularly good example of 'skewedness'.

We frequently see Defendants 'overlooking' the fact that they need to file a Witness Statement and evidence and leaving until the day before the hearing. Often a very late Defendant's Witness Statement is accepted and we have seen a case won by the Defendant having filed a WS the day before a hearing.

Careful what you wish for.

Coupon-mad

I would send in a 'summary costs schedule' right now to the Judge and point out that the Claimant has failed to file and serve a witness statement or any evidence and expenses have been incurred up to this point (even if th C discontinues) and so head it up SUMMARY COSTS SCHEDULE and ask for:

Costs on the small claims track
27.14

(1) This rule applies to any case which has been allocated to the small claims track. (Rules 46.11 and 46.13 make provision in relation to orders for costs made before a claim has been allocated to the small claims track).

(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably;

https://keoghs.co.uk/keoghs-insight/aware/costs-orders-for-unreasonable-behaviour-in-small-claims

In Spearing v Jackson [2000] CLY 169 it was held that continuing with a claim which the claimant must have known had little prospect of success amounted to unreasonable behaviour.

We have found that, whilst the courts can be reluctant, there are certain circumstances where they are willing to find a claimant has acted unreasonably and will award the defendant costs on that basis.

The likelihood of successfully persuading a court to award costs depends upon the facts of each case. However, a court may consider that a party has acted unreasonably in the following situations:

Pursuing a claim or defence without any real prospect of success;
A failure to provide adequate supporting documentation;
Exaggeration of a claim or dishonesty;

It is clear that more guidance is needed from the court in relation to costs in small claims, especially for unreasonable behaviour. However it is worth bearing in mind that, if a claimant is put on repeated notice that costs will be sought from them and they fail to address the issue, the courts are willing to make unreasonable costs orders against them.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27

willber92

I’ve received a letter from the court, thanking me for my email on the 20th January (with no reference to the one they ignored from the 28th December!), saying that they were informed by the Claimant on the 8th January that they have discontinued the claim, and the case is now closed! I wonder if the court were ever going to let me know if I didn’t chase them up!

So thankful that the whole debacle is over after nearly 2 and a half years, it’s certainly as clear as day that despite all of my correspondence and effort put into defending myself prior to a claim being made against me, it was completely ignored by UK CPM and it’s only at this stage when they’ve seen my Witness Statement that they’ve realised they don’t stand a chance.

I really hope in the future that the law is changed surrounding PPC’s, making it easier for them to be held to account and for counter claims to be made against them in cases where they’re abusing the legal system and harassing innocent people, to act as a deterrent against them pursuing cases where they are clearly the ones in the wrong.

In hindsight given they’ve bottled it at this stage, I surely could’ve been successful in counter claiming, but to be honest I didn’t want to open another can of worms, dragging the stress out further and spending more time fighting, not knowing whether the financial reward would’ve been worth more of my time (although the revenge would’ve been sweet!)

Huge thanks to everyone that has helped out and lent their wisdom on this forum and Pepipoo, I certainly wouldn’t have had the courage to fight them without the advice given to me, the various stickies and other threads of similar cases to use as a reference!

Coupon-mad

Yay, well done! This does seem to be increasingly common...wonder why?!

ANOTHER UKCPM ONE BITES THE DUST!