Please help!Letter from Newlyn

Le_Kirk

Not sure what you are saying about : -

thought she may struggle with £150 so would recommend the original £80 charge although it actually started off at £45.

did the judge say that your daughter had to pay this as part of the original case?  Does this mean he heard the case as well as the set aside?

Also, what do you think he meant here: -

Heard nothing today but he had said she had 14 days and get onto it quickly. Does she have to let Horizon know As of course they were not there.

Hopefully your daughter will get a letter explaining what action has to be taken next.

nikkietoni

Hi well it sounded like he was referring to paying horizon the money instead of fighting the case  I think as he said her defence against the pcn didnt look good as copied from the internet! That is how I recall it. I think he may  have said she had to contact the parking company. It was all a bit mad and fraught unfortunately as she had got herself worked up about it as was a telephone hearing .. so she is better face to face! 

nikkietoni

If she defends it what happens? Can she include in the defence that the parking company sent the pcn’s to an old address as well as the other things like poor signage and no authority and grace times and not using POFA.
also how and when does she claim her £215 fee for the set aside back from the parking company ?

nosferatu1001

Brilliant news! 
What was she ordered to do in 14 days? File a defence? Its quite important to know *exactly* what was meant, so calling the court and ASKING if she will get a written copy would be rather useful here - else she runs the risk of failing to do what the court wants.
Usually after a set aside the claimant is invited to continue the claim or drop it, and both parties would have some form of Order so they know what to do. For example, the 14 days could mean - filing a defence. It could be the judge wanted your daughter to make an offer to settle. 
Did the judge make any reference to COSTS in the hearing? Was this not part of the "draft order" everyone is told to submit?

nikkietoni

yes it was part of the draft order but no mention of  costs and she felt scared to ask she said in case he changed his mind!!! He did sound a bit authoritarian but probably in the end felt sorry for her as she got upset. I will get her to ring the court for some information and when she will get a letter as 14 days is not long to sort it out! 

nosferatu1001

If there was no mention made of costs, then it was on you two to talk about it. You could, in addition to calling them to find out what she needs to do within the 14 days (gah, this cant be something to be unsure of - its pretty important!) also ask about costs. At minimum these should be *reserved*

nikkietoni

 I have just asked her and she did say the judge said for her to contact gladstones Horizon’s solicitors. But she  tried numerous times to ring  the court  on Tuesday to check everything was okay with the documents we sent and continually no reply. So we are going to try again in the morning .. in the meantime what to say to gladstone’s as if it is just £80 to pay she said she will pay it just to get rid of it all. My take on it is she has already paid £215 for the set aside so that will be £295 . It seems the judge decided i think when he looked at the defence regarding the parking ticket thought it was weak. I have only ever helped people with pcn when it has been to popla and I have had great results! So this one i presume would be court again and not as straightforward as popla? 

nosferatu1001

Youcould make an offer - without prejudice save as to costs - if thats what you want
But be warned
If the claimant discontinues, theres no claim hearing, and the costs issue is likely gone forever. 
Yes, of course this is a court case. It cant be anything else!

nikkietoni

Thanks yes I saw on here reading through lots of set aside someone who did this and it stated the parking company gets away then with not reimbursing the set aside fee. She us going to email the court to get some information

nosferatu1001

BTW a judge is never going to reverse a set aside because of a perfectly standard conversation about costs. That woul dbe SO unethical.