Letter Before Claim - UKCPM LTD

Coupon-mad

Edit: cases are not currently being struck out.

Tuffty747

Coupon-mad said:

How about adding at the end, and attaching the following:


In the alternative, given that it is becoming clear that the direction of travel in the courts in Engand and Wales is moving towards commonly striking parking claims out without a hearing (where £60 or more has been added in 'damages', as here) it is open to the court to dispose of this matter without a hearing.    The court may save time and resources and put an end to the distress suffered by the Defendant, by taking this opportunity to review its duty under s71 of the Consumer Rights Act 2015 and strike out this claim.  Based upon the exaggerated sums in the Particulars of Claim there is sufficient information before the court at this stage to identify a clear abuse of process.   The court is invited to use its case management powers to issue an Order similar to all those in the attached summary of 'strike out/abuse of process' parking claim Orders that are in the public domain as at July 2020.

Thanks for this.

Just attached that to the bottom of the email as well as the PDF of the example cases that have been struck out.
I've sent it to the same place I sent my defense (ccbcaq@justice.gov.uk), as well an enquirers email address for the County Court which was the only one I could find and the Claimant's Solicitors.

I'll let you know how it pans out.

Coupon-mad

No point sending anything to the CCBAQ email.  That was the starting centre before the claim was allocated.

Post a copy tomorrow as well, to be sure.

Tuffty747

Hi guys,
Fresh update. Finally heard back from the court, unfortunately it looks like this one is going to proceed to court and I now have a date.
Just wanted to check the below [Notice of Allocation to Small Claims Track (Hearing)] means that, so I haven't misunderstood it. From my interpretation the claimants need to pay the court fee of £25 and then it is allocated to the small claims track? (Have edited out names and places in the interest of privacy)

Letter dated 10th September 2020

"On 24 July 2020 before Deputy District Judge XXX sitting at the County Court at XXX considered the statements of case and directions questionnaires filed and allocated the claim to the small claims track.

Warning: you must comply with the terms imposed upon you by this order: otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal application to the court before any deadline imposed upon you expires. 1) This Claim is allocated to the Small Claims Track and the parties are referred to Part 27 of the Civil Procedure Rules and the Practice Direction of that Part for guidance on how the hearing of the claim will be conducted. 2) The claim will be heard at the County Court at XXX on 12 November 2020 at 10:00, with a time estimate of 1 hour by BTMEETME.

Unless the Claimant does by 4pm on the 15 October 2020 pay to the court the Trial fee of £25.00 or file a properly completed application (i.e. one of which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with the effect from 15 October 2020 without further order and, unless the Court orders otherwise, you will also be liable for the cost which the Defendant has incurred. The trial fee is fee 2.1 in the current Civil Fees Order."


So if my assumption is correct, the claimants will pay the £25 (a mere formality?) and then it proceeds to the date of 12th November, which I need to have prepared a Witness statement and all that good stuff by?

Le_Kirk

It might be a mere formality but it has to be paid.  Be warned though that courts seem to give more leeway to a claimant than to a defendant and they may end up paying late and the judge says that is OK.  Don't celebrate until you receive a letter from the court telling you the hearing has been vacated.

nosferatu1001

What is yoru deadline? It will be on the back of that lettter
You know that you will lneed to file (with the court) and serve (onthe C) your WS and documetns before the court date, same as everyone else, so what is that date?

Tuffty747

nosferatu1001 said:

What is yoru deadline? It will be on the back of that lettter
You know that you will lneed to file (with the court) and serve (onthe C) your WS and documetns before the court date, same as everyone else, so what is that date?

My hearing is 12th November 2020.

I have to have all documents filed with the court (and sent to the claimant) 14 days before the hearing. I make that 29th October?

Will I be notified if the Claimant pays the court fee and the case is proceeding to hearing stage or not?

KeithP

Tuffty747 said:

Will I be notified if the Claimant pays the court fee and the case is proceeding to hearing stage or not?

No you will not be notified when the fee is paid.

Assume the hearing is going ahead until told otherwise.

Tuffty747

KeithP said:

Tuffty747 said:

Will I be notified if the Claimant pays the court fee and the case is proceeding to hearing stage or not?

No you will not be notified when the fee is paid.

Assume the hearing is going ahead until told otherwise.

Okay thanks.

So really I need to start working on my Witness Statement and getting everything together ASAP, under the assumption that this is going to hearing. Unless I hear otherwise then great, which seems unlikely.

KeithP

Tuffty747 said:

So really I need to start working on my Witness Statement and getting everything together ASAP, under the assumption that this is going to hearing. Unless I hear otherwise then great, which seems unlikely.

Yes, you have summed it up quite nicely.