Notice of proposed allocation to the small claims track

Redx

Email a SAR to the claimant parking company , to their DPO , to obtain all documents and pictures and data etc that are about you , attach copies of 2 recent redacted utility bills as proof of I D under the GDPR law

inasanalias

This way I would have all the corresponding letters and emails sent between us? 

Redx

Yes , they should give you copies of everything on file , which is why I suggested it

inasanalias

Brill. Thank you very much.

nosferatu1001

Did the Order frmo the court give you chance to object? It MUST have done to be lawful, btw
If so 
O BJECT to them lifting a stay after two years
You want a hearing to decide if they are allowed to do so. This will cost them £255. 

inasanalias

Now this is what I’m after! Yes the court papers does say this, to quote Note: this order has been made without a hearing under the court’s case management powers contained in the civil procedure rules part 3. You may within 7 days of the service of this order, apply to the court to set aside or to vary the order under part 23 rule 10. You must file with the court, and serve on the other parties, an application that sets out your reasons for objection. A fee is payable upon the filing of the application. When your objection is received the matter will be listed for hearing unless you ask the court to vary the order without a hearing. So should I apply to the court? If so how would I do this/word it?

nosferatu1001

Ah damn. 
They want YOU to pay to Apply. Thats bad. You dont want to have to pay to object to lifting a stay after two years! 

Coupon-mad

Write a complaint to the CCBC about this 2018 case being resurrected and that you believe the Claimant has not paid to lift the stay, and that your research has found out this has been happening in the past two weeks, en masse, so what is going on and why has the CCBC allowed dormant cases to be restarted without a court fee, yet expects consumers to pay to object to this injustice? 

State that this is a formal complaint and you wish for your letter/email to be put before a Judge because this is not justice and no application should be needed, if the Claimant parking firms have somehow been allowed to get away without one.

Say that you assume this is a procedural error affecting lots of parking cases and no stays should be lifted after all these years, and certainly not without the Claimants paying £100 a time, or preferably £255 for a hearing.   Clearly this has been done by stealth in the hope consumers have moved house or are badly affected by the lockdown and will get a default CCJ now.

inasanalias

Thanks guys for the feed back. Ok so I will do a letter and post it on here for you to critique for me before I send it if that’s ok? I take it I need to send it to the Northampton county court address? Should I still fill in and send the questionnaire to the court? 

KeithP

inasanalias said:

I take it I need to send it to the Northampton county court address? 

No, to the County Court Business Centre in Northampton - as advised by Coupon-mad.

inasanalias said:

Should I still fill in and send the questionnaire to the court? 

Yes. Again, to the CCBC. But you have plenty of time before that is needed.