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Claim struck out ...what next?



Earlier this year, I was able to successfully set aside a CCJ against my name (due to a spelling mistake on my name) with the condition that my n224 applicant court free had been reserved. On the back of my successful CCJ, I had to file a defence to the court for the initial claim and I did (which was very comprehensive).
More recently (7th of July), I received a court letter stating that the claimant (i.e. UK Car Park Management Limited) would be required to pay the court trial fee of £25 within 28 days or risk the claim being struck out. As the 28 days have now elapsed and assuming the court has now struck the claim out – surely I am now entitled to the "reserved n224 application fee"? I raised this with the court's receptionist and they advised that I would need to seek legal advice. Surely, a letter to the courts requesting my money would be sufficient or do I need to do anything else regarding this matter?
It is funny how I am now chasing them for my money!
Comments
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Firstly, you should not assume that the claim has been struck out. The courts often allow a bit of leeway for Claimants to pay the fee. If it was struck out, the court should send you a copy of the Notice stating that fact.
Secondly, a 'letter to the court requesting my money' would fall on stony ground. The court does not refund your set aside fee, that has to be recovered from the Claimant. As costs were reserved at the set aside hearing, you would have to apply to the Judge at the final hearing to order the Claimant to pay those, if you won the case. But if there is no final hearing due to the claim being struck out, you should demand that the Claimant pays you the £255.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.3 -
Thannks and a quick follow up, how/when would I be advised regarding the final hearing? Should I email the courts asking for confirmation of the claim being struck out (as I am fairly confident that I would have won the claim should it have gone to trial and hence the claimant not wanting to pay the £25 as it would be more sunk cost for them. What is my next step is what I am asking?0
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You dont get told if they have paid. Call the court to find out.
You must already have a trial date? They arent liable to pay the hearing fee until this date has been fixed. Usually it is in the same letter telling them the date they must pay by, because thats an obvious thing to do.2 -
No I was not given a trial date0
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So what precisely did the Order telling them to pay state?
Gve us full info. Actual docs would be good. Because as it stands you have NO reason to think the claim is struck out, youve just assumed it. Dangerous1 -
You do know you will need to file & serve a witness statement and evidence for the claim (not the WS you sent for the set aside) so what did the Order say about that?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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