[UK Parking Patrol Office / BW Legal] Claim stayed 28 May 2020 at 2:19PM in Parking Tickets, Fines & Parking 26 replies 361 views

AgentSmeeth

Hello all,
Long time lurker first time poster. I submitted a defence to a claim for £160 from the lovely folk over at BW Legal using the updated template with a focus on abuse of process at the beginning of April and received a letter from them shortly afterwards offering yet another discount which I duly ignored. I haven't heard anything from anyone since then.
I got in touch with the county court to request an update on my case and they have responded by saying that the case is now stayed and that the claimant will need to make an application to lift the stay if they wish to proceed with the case and that there is an indefinite period of time for the claimant to file that application.
Please could somebody explain to me what this means in layman's terms and what the likely outcome will be?
Many thanks.

Umkomaas

Did the court say why it was 'stayed'?

AgentSmeeth

No they didn't but I will respond and ask the question. Thanks.

Castle

Have you checked on MCOL to see if UKPPO have filed their DQ?

nosferatu1001

Almost certainly, the only reason a claim has been stayed at this point in the process is they failed to respond within 28 days to confirm they wished the claim to proceed. 
A "stay" is excactly what it sounds like. It is in place and cannot progress, until and unless a court lifts the stay. It will cost the Claimant £100 to APPLY to *ask* the court to lift the stay, and you can of course oppose the application if they make one. 
Given their VERY low margins on claims, I doutb they will bother. 

AgentSmeeth

Castle said:

Have you checked on MCOL to see if UKPPO have filed their DQ?

As far as I can see on MCOL the only transactions logged for the case are my AOS and the receipt of my defence.

Coupon-mad

I expect the case isn't stayed and the CCBC assumed it was due to delays.  Sit tight and wait.

nosferatu1001

C-M - if there is no info about a DQ being sent out - which is automatically workflowed once they log an "intent to continue" tickbox - that suggests the desire to continue wasnt done

OP - you could call the court and ask, specifically, why the claim is staye

Coupon-mad

Yes but probably the C will say they did, or needed more time due to COVID_19, and I suspect the case will continue.

nosferatu1001

Its a check box so I see no reasno why they shoudl be given relief from sanction...

AgentSmeeth

They did on the other hand have time to put together and send me a response to my defence stating that it did not make sense and I had provided no evidence to support my position (disregarding the three judgements and transcript which had been attached) and they also saw fit to impose a deadline for me to respond to them in order to avoid them proceeding with the claim. It would not seem fair for them to be given leeway when they themselves would impose a deadline for the defendant to respond to their own correspondence in order to avoid them proceeding with the claim.