Surprise CCJ - Flora St Sheffield Restricted Area - VCS / Elms Legal

Supraman15

Update: I have JUST received the actual court order which reads:

WARNING: you must comply with the terms imposed upon you by this Order: otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make a formal application to the Court before any deadline imposed upon you expires.

Before District Judge Ranson sitting at the County Court at Manchester Civil Justice Centre, Bridge Street

West, Manchester, M60 9DJ.

Upon hearing the representative for the claimant and the defendant in person both by telephone

AND UPON the hearing of the defendants application to set aside judgment AND UPON the claimant not opposing an order being made setting aside judgment AND UPON the court being satisfied the judgment should be set aside pursuant to CPR 13.2

IT IS ORDERED THAT

1. The judgment is set aside

2. The claimant shall pay the defendants court fee in respect of the application in the sum of £255.00

3. The following directions shall apply to the claim

4. The Claimant must by 4pm on 24 February 2021 file and serve an amended Particulars of Claim, supported by a statement of truth, identifying:

a) Whether the claim is brought under Schedule 4 to the Protection of Freedoms Act 2012. If so.

b) By reference to the definition of "relevant obligation" in paragraph 2 of Schedule 4 to the Protection of Freedoms Act 2012, whether it is alleged that the claim is based on a relevant obligation:

i) arising under the terms of a relevant contract" or
ii) arising, in any circumstances where there is no relevant contract, as a result of a trespass or other tort committed by parking the vehicle on the relevant land"

c) If a contract is alleged, what was the consideration provided by the Claimant and what was the breach of contract.

d) If no contract is alleged, what was the "trespass or other tort committed by parking the vehicle on the relevant land".

If the claim is not brought under the Protection of Freedoms Act 2012,
e) The cause of action and how it arose.

f) If the cause of action is breach of contract, the parties to the contract, the consideration provided by the Claimant and the alleged breach of contract.

5. If the Claimant fails to comply with the above direction, the claim shall be struck out automatically and without further order.

6. If the Claimant complies with this Order the Defendant may send to the court and the Claimant's solicitors a Defence within 14 days of service of the amended particulars of claim.

Jenni_D

In which case they are clearly in breach of the order if all they've done is amend the address. (Recheck their revised POC ... can you say for sure that the address is the only thing that has changed?)

Umkomaas

Well that looks to me to be a set aside is granted, the PPC owe you £255, and the case is reset to the original PCN, but if the claimant wishes to pursue they need to answer the list of (difficult) questions posed by the Judge. If they do, you'll get the opportunity to submit a Defence then. 

I think the courts (especially in Mcr) are getting to grips with chancer, poorly particularised claims, and really putting parking firms through the wringer. Hopefully this will apply a brake to roboclaims when defendants argue on poorly presented particulars. 

District Judge Ranson seems to have the measure of the beast. 

Supraman15

Yep I am 100% sure that the address is the only thing that has changed.
I assume that they have jumped the gun and just sent this 'amended' POC based on the (poor) communication from their representative, before receiving the actual court order.

Whether they will now get the opportunity to re-submit a proper particulars of claim is the question, or will they be penalised for sending a POC which they claim complies with the court order but actually does not

Le_Kirk

Wow, that is somewhat different to just amending your address!  But they still have time and you may have received an interim POC (if such a thing is possible) and you could still receive a pucker POC. 
ETA, having seen your later post, they may not have submitted the address-amended POC to the court, just to you.

Supraman15

Well I've sent a scanned copy of the letter and claim form to the courts, one part of the letter reads:

"Further, please find enclosed amended particulars of claim also in compliance of the order of District Judge Ranson from the hearing on 04 February 2021. "

So fingers crossed they will see that it doesn't comply and just strike out the claim.

nosferatu1001

Indeed, I would suggest as they have claimed they complied, but clearly havent, theyre stuffed. 

henrik777

The strike out is automatic upon breach. They cannot be in breach before 24th.

Coupon-mad

I bet they now scrabble to put this right, in time.

Supraman15

henrik777 said:

The strike out is automatic upon breach. They cannot be in breach before 24th.

Thanks, that's the part that I was really unsure about. 

Surely I can't be expected to file a defence before they send a new PoC that has actually been amended

"6. If the Claimant complies with this Order the Defendant may send to the court and the Claimant's solicitors a Defence within 14 days of service of the amended particulars of claim."