CCJ- Set Aside- CLAIMANT DISCONTINUED

dtnwf

Quick update:

On companies House it would appear New World Facilities East Essex Ltd have registered/applied (?) for 'voluntary strike off' on 7th September 2021. Without any objections it will be dissolved by 7th November 2021 I believe.

They are due to pay court fees by the end of this month for the final hearing as per court order or the claim may be struck out.

Is it worth mentioning this in my Witness Statement? Or does it matter?

Johnersh

It matters that if the company ceases to exist you both may not be facing a claim, but you aren't getting costs, either. So some might say yes. 

You can object to a strike off.

If the company does cease to exist or is in the process of winding up, that begs the question of who is currently instructing their sols or why?

dtnwf

Update:
I contacted the court and was told that the court fees had not been paid and likely the judge will strike out the claim. As I awaited the court order confirming this I continued to type up my witness statement. 

Yesterday I receive an email from Gladstone's Solicitors with an attachment of a 'Notice of Discontinuance'.

It is a bittersweet ending to the stressful saga. It has gone on for 2 years, I'd spent a lot of time researching and I had to pay £255 for the set aside. However, I'm pleased that New World Facilities East Essex Ltd are due to no longer exist. 

Le_Kirk

dtnwf said:

Update:
I contacted the court and was told that the court fees had not been paid and likely the judge will strike out the claim. As I awaited the court order confirming this I continued to type up my witness statement. 

Yesterday I receive an email from Gladstone's Solicitors with an attachment of a 'Notice of Discontinuance'.

It is a bittersweet ending to the stressful saga. It has gone on for 2 years, I'd spent a lot of time researching and I had to pay £255 for the set aside. However, I'm pleased that New World Facilities East Essex Ltd are due to no longer exist. 

What did you put in your six-point draft order when you applied for the set-aside?  Did it make any mention of the clamant having to pay your costs if they discontinued?  What did the judgment setting aside the CCJ say about costs? Notwithstanding that, it is a win!

dtnwf

Thanks for responding.

Yep, I had stated that in the likely event the Claimant discontinues that my costs are awarded. I also provided a draft defence and summary costs assessment.

Following the initial set aside my £255 was returned....this was appealed by the Claimant. I had a second set aside hearing where I had to return the £255 to the Claimant but the default CCJ was still set aside. 

The following court order stated I pay the £255, which I did.

It then went on to state (for their claim to proceed) that the Claimant had to pay the hearing fee by  XX September 2021 (which they did not do) or costs MAY be awarded to the Defendant. 

On 5th October 2021 I received the Notice of Discontinuance from Gladstone's Solicitors.

Overall, I am pleased that they've discontinued but would have liked to have had my day in court with costs awarded. I'm out of pocket, they've wasted a considerable amount of my time and money and I've expended far more energy into this than those people deserve but I have had a genuine life lesson so early on in life. 

Prior to this I had no knowledge or experience of our judicial system. My eyes have been opened and my views have significantly changed. 

I've been able to fight back, in small ways, by alerting and complaining to my MP, the ICO, the SRA, giving my opinion within the Government Consultation for Private Parking Charges and challenging my own PCN

Thank you to everyone who takes the time to help people within this forum. A CCJ from a PCN has far reaching consequences that I was unaware of and the help received on here is priceless.

D_P_Dance

How do you explain the  unexplanable?

Le_Kirk

What did the order say after the second set-aside hearing?  Were costs reserved?  In my opinion the PPC has pulled a fast one, getting the original £255 reversed and then discontinuing.  Surely the original draft order then should stand.  This needs to go before a judge, maybe try contacting the court with a copy of your draft order, the judgments, the story and asking for it to be put before a judge as you want your £255 back!

dtnwf

Would you be referring to the default CCJ being set aside twice and that I had to pay £255 for, despite suggesting during the hearing that costs atleast be reserved? Or the tactical Notice of Discontinuance which will likely go unpunished?

As I say, my eyes have been opened.... I may have become quite cynical due to all of this but I have learned a lot.

I successfully (with the invaluable information on this forum) set aside a default CCJ which I didn't even know was possible before. 
 

Le_Kirk

dtnwf said:

Would you be referring to the default CCJ being set aside twice and that I had to pay £255 for, despite suggesting during the hearing that costs at least be reserved? Or the tactical Notice of Discontinuance which will likely go unpunished?

As I say, my eyes have been opened.... I may have become quite cynical due to all of this but I have learned a lot.

I successfully (with the invaluable information on this forum) set aside a default CCJ which I didn't even know was possible before. 
 

Yes, that, you are out £255, why should that be?  The claimant brought the claim, caused a default CCJ that you went through hoops and paid to get set aside and they then got the money back by setting aside the set-aside (if you see what I mean) and then, when you both had a chance to settle it before a judge, they discontinued and left you having paid the set-aside fee.

Coupon-mad

Following the initial set aside my £255 was returned....this was appealed by the Claimant. I had a second set aside hearing where I had to return the £255 to the Claimant but the default CCJ was still set aside. 

The following court order stated I pay the £255, which I did.

It then went on to state (for their claim to proceed) that the Claimant had to pay the hearing fee by  XX September 2021 (which they did not do) or costs MAY be awarded to the Defendant. 

Put this to the Judge immediately by email or post, attaching the Orders merged into one OPDF file to make them easy to read and in date order, and set out your position, that by discontinuing late and failing to pay the court hearing fee without asking for relief from sanctions, and having wasted yours and the court's time and money by appealing for the £255 application to set aside fee not to have to be paid by them, then walking away and breaching directions of the court, this must be unreasonable conduct and meet the high bar of the Dammerman test.  Given the latest Order says if they did not pay the fee then they may have to pay the Defendant's fees thus far (and they know what they are) you are asking the court to Order that this be done, to put you the Defendant back in the position you were in, mindful of CPR1 and the overriding objective to deal with cases justly and and minimum cost.

For how to write this, see this case:

Premier Park Ltd ordered to pay £500 in costs for unreasonable late discontinuance at Southampton County Court (includes all orders and judgment transcript following his application for a costs hearing:  Premier Park v S Jones):

https://forums.moneysavingexpert.com/discussion/6271727/residential-pcn-premier-park-ltd-ordered-to-pay-500-in-costs-at-southampton-county-court

The letter to the Judge asking for costs is interesting; it was treated as an 'application' by the Court and can be copied and adapted by others to try for the same:

https://www.dropbox.com/s/pjuljss3bo0totu/04%20C%20TWIMC%20%2B%20Costs%20Hearing%20Legal%20Arguement.pdf?dl=0

The OP said:

"The 05 Witness Statement is interesting and quotes a post from this forum. The statement by Mr Byers-Nolan was riddled with errors and inconsistencies, ignored the main points of the case and was delivered so late that the Judge ignored it. As he did with my skeleton argument…
 
You might think I would be steaming with anger with PP, BW Legal, DRP, Gladstones, CST Law, Zenith Collections et al, but no. If POPLA are going to boast on their website that they take “into consideration the relevant law, guidance and standards and the BPA Code of Practice.” they should do exactly that. Don’t employ someone with experience of “conflict resolution” and “problem solving” to decide on points of law. How about employing someone with a legal background to decide on legal matters? The new Government CoP will hopefully remove POPLA from the equation.

And finally, for the Premier Park Ltd and BW Legal employees who lurk on this forum: we still have a BIG problem with the other 24 PCNs you plastered my vehicles with, don’t we?"