County Court Claim

uk445555

Dear All
I received an unfair parking ticket fine in 2019 from CPM, a private company.  I appealed and tried to challenge it but as you all know, these private companies take nothing into consideration, including genuine humanitarian grounds, and just want their money.  They have now taken me to the county court and the hearing is listed for 25/09/2020.  With the recent COVID-19 changes, the hearing will now by remotely heard. 

The court have now sent a list of questions that I need to respond to immediately, failing which the matter will be decided in the parking company's favour!  I'm struggling a bit here because I'm not sure what the answers should be, particularly since I am the defendant in this matter.  Can somebody please advise how I need to respond?

Questions as follows:

The Designated Civil Judge for Central London and Mayor’s and City of London courts (His Hon Judge

Dight CBE) has directed that you respond to the following questions in respect of your matter which

is due for hearing on the above date.

1. Have all outstanding directions been complied with?

2. Is the matter fully effective?

3. Has the relevant (hearing) fee been paid and, if not, has an application for relief from sanctions

been made?

4. Can you please confirm the time estimate for the hearing?

5. Are there any parties or witnesses travelling from abroad? If so can you please provide details?

6. Have any relevant interpreters been booked to attend the hearing?

7. Are there any expert witnesses due to attend the hearing? If so can you please provide details?

8. Are there any barriers to the hearing being heard remotely?

Please respond to this email, answering the questions

Thank you All!!!

Redx

Read the Telephone hearings thread by coupon mad to start with

Reading that list of questions , only the claimant and you can answer them , not us

Umkomaas

Answer the questions you are able to. You might want to put 'For Claimant's response' (or similar) for those that are clearly not in your ability to answer. 

Presumably you have filed a Defence (and Witness Statement?)?  If so let us see it (both) so that any advice the forum give as you proceed to the hearing can be set in the context of what you've already stated. 

nosferatu1001

Indeed, you need to show us your defence, and also confirm that your deadline to file a WS et al has not already passed THis will have been on the letter telling you the date of the hearing. 

Coupon-mad

I am worried the OP doesn't know they have to do a WS & evidence by Friday.

Copy any other UKCPM thread, this is an easy but VITAL Stage of evidence and we have shedloads of UKCPM threads for you to copy!

Le_Kirk

To my simple mind (no cheering please) that looks like a list of questions for the claimant.

Michael121121

Hello,
         I applied for Set Aside Order in February, however, due to COVID 19 the hearing has not taken place yet, but meanwhile, I have paid the amount. Today I have received the letter from third party solicitor which is following 

We write further to the above matter and the Order of Justice dated 16th June 2020. 

 

The debt has now been discharged in full by the Defendant and as such we would be grateful if the matter could be withdrawn from the list and the Court file updated. 

 Does this mean the ccj will be removed from my credit file without any hearing, as I have not heard from the court yet? i did pay for Set Side Order and used the form.
Regards,
Michael

 

Redx

Michael121121 said:

Hello,
         I applied for Set Aside Order in February, however, due to COVID 19 the hearing has not taken place yet, but meanwhile, I have paid the amount. Today I have received the letter from third party solicitor which is following 

We write further to the above matter and the Order of Justice dated 16th June 2020. 

 

The debt has now been discharged in full by the Defendant and as such we would be grateful if the matter could be withdrawn from the list and the Court file updated. 

 Does this mean the ccj will be removed from my credit file without any hearing, as I have not heard from the court yet? i did pay for Set Side Order and used the form.
Regards,
Michael

 

you will not receive any repleis to your query in this thread because it belongs to the person that opened it

please start your own thread using the NEW THREAD button , top left of this forum

please note this forum is not a legal advice forum , its a consumer rights forum

thank you

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

uk445555

Thank you all for your responses.  Very helpful already.
I will try and deal with the questions from the court but as somebody rightly said, it is rather confusing as the seem to be directed to the claimant.  However, the court are expecting a response from the defendant otherwise the defense will be struck out and the claimant entitled to enter judgment.

I have not received anything else from the court, let alone been notified of a deadline to file a witness statement.  In fact I was not even aware that I needed to do this... what is normally the deadline for filing WS's?

The defense was produced for me by a professional...  will post it but its very long

uk445555

It was one of those pre-written standard defenses which lists the validity of private parking company claims, unproven assumption of right, section 19 right,  protection of freedoms act 2012 etc