District Enforcement Case struck out a month ago but Court have now reinstated it

40Beagles

District Enforcement brought a parking claim with the usual add-on "contractual costs" for each PCN and the legal representative's costs. I did the defence, then the DQ's, got a date (for early May), sent my WS, evidence and costs in before the deadline of 10 February and got nothing from the Claimant but their DQ's. On 23 April I got notification from the court that the case had been struck out due to the claimant not paying the fee which had been due on 9 April - woohoo! another one bites the dust.

However, on 22 May I got notification from the court, "Upon considering the Claimant's file and upon the Claimant's letter of 28 April 2020".... "The claim is reinstated"... "...adjourned to be relisted on the first available date after 27 July"..."The court proposes that the claim can be disposed of without a hearing - that is on the papers alone." 

Obviously I'm quite mad that this has happened and could rave all day asking how but that won't help. It sounds like we're back to square one. I don't want it to be dealt with on papers alone but I don't want that to go against me. I've asked Gladstones for a copy of their letter.  I've got a few more days before I have to send the N159 Response form back so was hoping for some advice on what I could do to get it thrown out. I've looked at the abuse of process angle but what else can I put in and does it go in the email to the court or do I put it on the form that will be attached to the email? Also do I email Gallstones asking for their WS and remind them of what Judge Small said earlier in January at Hertford County Court?

Any pointers will be greatly appreciated.  

Umkomaas

I don't want it to be dealt with on papers alone but I don't want that to go against me.

Have a read of the following thread:
https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here#latest

D_P_Dance

Have you complained to your MP?

Coupon-mad

However, on 22 May I got notification from the court, "Upon considering the Claimant's file and upon the Claimant's letter of 28 April 2020".... "The claim is reinstated"... "...adjourned to be relisted on the first available date after 27 July"..."The court proposes that the claim can be disposed of without a hearing - that is on the papers alone." 

Page 10 of the telephone hearings thread tells you what to say about why a hearing on the papers is not suitable and you disagree, and will await directions for a face to face hearing later this year.

40Beagles

Have read and read some more. Thank you for the page number C-M, just when I thought I had a slightly-more-than basic grasp on this whole scam, lockdown gave it a curve ball. But I've done the email attached the trial bundle and draft order and will see what happens next.....Thanks again.

Coupon-mad

OK and you sent all that to the local court and DE's solicitors too, saying that you do not agree to the case being heard on the papers?  You don't have a hearing date yet, do you, so why did you do your WS and trial bundle so early?

You were only meant to be grabbing the wording from post #10 of the telephone hearings that that explains why a hearing on the papers is not OK.  You are not at trial bundle stage?

40Beagles

Sorry, looks like I jumped the gun.

Hopefully the court will realise now that C has been totally uncooperative (no WS), not paid the initial fee (hence it was thrown out) and now they want another chance that this is all a total abuse of court process and they should, and can throw it out so we can all get some proper work done.

Coupon-mad

They won't.  The C is not in breach of the October hearing deadlines. 

And they must have paid the fee or had a reasonable excuse for paying it late, maybe it was in a tray at the court all along.

40Beagles

.Coupon-mad said:

The C is not in breach of the October hearing deadlines. 

? Sorry, what do you mean by October hearing deadlines 

Coupon-mad

Ooops, sorry, I thought you had an October date (that's another poster) but is fact this is your Order:

adjourned to be relisted on the first available date after 27 July

What I mean is, you are not at WS stage yet and nor were they:

Hopefully the court will realise now that C has been totally uncooperative (no WS)

No, you just submitted yours very early!  We didn't tell you to do a WS yet and we don't even know what you submitted.

40Beagles

I'd done a WS in February as per directions for a date that was set for 15th (ish) May, which was struck out. I re-sent that with my recent email along with the Response Form (No to telephone hearing), Draft Order (in Word format), and my very early, paginated Trail bundle consisting of Claim form, Defence, Notice of Allocation, my WS and exhibits, Notice of this case being struck out and Notices of the claims at Luton and Southampton being struck out.

Manchester have thrown another claim out "as non-compliant with CPR16 and demonstrating no cause of action" before giving a hearing date so I sent the Luton and Southampton Notices in the hope that a 'will-do' person will see sense and do the same.

After sending my recent email I got an reply from Gladstones with their WS but no copy of their letter sent to the court to get the case reinstated. So will have to wait to see if their cheque was still in the tray and where it goes from here.