Witness statement served.......nothing received from Claimant

Coupon-mad

I love this.  Nicely done, all I wanted to see was a poster with the nous to copy the Luton Order to make it a Draft Order and yours is the first one I have read, and it seems to be spot on! 

Just a couple of tweaks, change the April date to a vague xx and add in that he/she read your communication:

sitting at the County Court at XXXXX on xx April 2020
Upon reading the court file and the Defendant's emailed communication and noting that the Defendant has complied with all court directions and deadlines:

Make sure it is sent as a Word document in the hope the Judge uses it as his draft!

Have you got time to add this as a 2nd 'reason' in your Draft Order as well as in your WS/email?

Further, there has been no serious attempt to comply with the CPRs and the Claimant's incoherent, stylised particulars do not constitute compliance.  Upon reading the Defendant's latest communication, it is apparent that the Claimant failed to serve their Directions Questionnaire, and have missed the court deadline for witness statement and evidence submission, which was set before the COVID_19 lockdown and where both parties had the same directions.  This failure to comply with court directions is, in itself, sufficient grounds for the court to decide to strike this claim out without a hearing.

gbbe

Coupon-mad said:

I love this.  Nicely done, all I wanted to see was a poster with the nous to copy the Luton Order to make it a Draft Order and yours is the first one I have read, and it seems to be spot on! 

Great! Thank you so much!

Just a couple of tweaks, change the April date to a vague xx and ad in that he/she read your communication:

sitting at the County Court at XXXXX on xx April 2020
Upon reading the court file and the Defendant's emailed communication and noting that the Defendant has complied with all court directions and deadlines:

tweaks made thanks

Make sure it is sent as a Word document in the hope the Judge uses it as his draft!

the draft order is a word doc, the other is a pdf (or will be when i can convert it from word - hopefully tomorrow on my husbands laptop - failing that i will look at the online converters)

Have you got time to add this as a 2nd 'reason' in your Draft Order as well as in your WS/email?

Further, there has been no serious attempt to comply with the CPRs and the Claimant's incoherent, stylised particulars do not constitute compliance.  Upon reading the Defendant's lateste communication, it is apparent that the Claimant failed to serve their Directions Questionnaire, and have missed the court deadline for witness statement and evidence submission, which was set before the COVID_19 lockdown and where both parties had the same directions.  This failure to comply with court directions is, in itself, sufficient grounds for the court to decide to strike this claim out without a hearing.

 I like this a lot!! I will absolutely add it in!

Thanks again for all your help! this is really quite empowering!

Coupon-mad

Tell me about it.

I've just heard wind of a written judgment, that I will share with the forum soon, re a case where I lay repped but the decision was held back for a written judgment so we were kept in suspense.  

Let's just say it involves a Judge tearing a well-known parking firm a new one...it is exhilarating doing this, as you are finding.  It is well worth fighting parking firms.

gbbe

Coupon-mad said:

 the decision was held back for a written judgment so we were kept in suspense, until today.  

Wow that's a different approach!

Let's just say it involves a Judge tearing a well-known parking firm a new one...

Look forward to reading it!

it is exhilarating doing this, as you are finding.  It is well worth fighting parking firms.

It's so interesting too! Feel like I'm learning loads!

henrik777

gbbe said:

Coupon-mad said:

 the decision was held back for a written judgment so we were kept in suspense, until today.  

Wow that's a different approach!

Let's just say it involves a Judge tearing a well-known parking firm a new one...

Look forward to reading it!

it is exhilarating doing this, as you are finding.  It is well worth fighting parking firms.

It's so interesting too! Feel like I'm learning loads!

It's not uncommon, although rare in parking claims.

gbbe

okay okay okay...... so i have just received the information from the sars request i sent months ago...... and dated the 2nd week of april there is a notice of discontinuance!!!!!!! I have never received this letter!!!!! Their 'claim file' also says 'closed unsuccessfully'

I havent been notified about this from anyone, not the court, nor the claimant, what happens now??

Can I still have my costs awarded?

Umkomaas

Check with the court. 

What costs?

nosferatu1001

Unreasonable behaviour for one!
Call the court
See if they got this notice...

gbbe

nosferatu1001 said:

Unreasonable behaviour for one!
Call the court
See if they got this notice...

absolutely!! I called and it just rang out, maybe people on lunch? will try shortly

..... i have also been reading through their info from the SAR and im horrified, even when they open the claim file, on their case management system, they write that they were non compliant with POFA and just before they close the file they write:

"Settlement letter sent on 24/03/2020 offering a settlement of £125 to be paid by the 07/04/2020.
08.04.2020 - Case closed as NTK is non pofa compliant and no driver admission made in defence, old case. NoD filed and served by email."

they basically tried to extort money from me knowing they had no case...... i feel sick at the thought of all the individuals that pay at that point!

gbbe

I have just had an email back from the court as i emailed when i couldnt get through on the phone..... it says:

"Hi further to your email , this claim has now been discontinued and the hearing on the 7th July  2020 has been vacated.

 If I can be of any further assistance please contact me.

regards

Administration Officer"

how can i claim costs for unreasonable behaviour? I did address costs in my witness statement as I wrote it was likely that a discontinuance would be received right at the last minute.....

they discontinued just before the witness statement was due so they knew i would have done all the work on it and then didnt notify me so i would still have to file and serve it

Also as this claim has not been officially 'struck out' by the court, what is stopping them re-issuing in 6 months?