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Hearing vacated, what does this mean?

Hi,

i’ve had an email with regards to my hearing for a parking ticket being vacated but wanted some clarification on their statement below. I probably already know what it means but couldn’t find the definition/meaning of “judicial unavailability” for uk court on google.

“Dear Sir/ Madam, 

 

This case was listed for a hearing on x/x/21

 

Unfortuantly, the hearing is now vacated due to judicial unavailability. It will be relisted in due course.”

 So does this mean due to a judge not being available it will be rescheduled?


From my understanding vacated means struck off unless the claimant (parkingeye) wish to pursue again? 

 Anyone else had similar wording and didn’t get a call back to “re-list” a court date again?

Thanks!


Comments

  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
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    edited 18 July 2021 at 11:09AM
     So does this mean due to a judge not being available it will be rescheduled?

    That is my understanding.  Have you coomplained to your MP?  Have you read this,

    https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1
    You never know how far you can go until you go too far.
  • Le_Kirk
    Le_Kirk Posts: 24,131 Forumite
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    No, it means there are no judges available and the case will be relisted for a future hearing - it has not been struck off!
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 18 July 2021 at 12:20PM
    It means what it says and what you surmised

    Judge unavailable so erased and will be rescheduled in the future sometime

    Same with a doctor's appointment , no doctors so they clear the appointments for that day and add rescheduling notes so they are rescheduled in the future , on a new date and time

    Nothing to do with being struck off or more correctly out and the hearing vacated , which can happen

    My booked holiday last year was vacated due to covid restrictions , I rescheduled it for later this year , but it's now looking like further rescheduling will be required , again due to covid19 , so I expect my destination and flight and hotel to be vacated yet again !! But it doesn't mean that my holiday contract is struck off or out
  • Johnersh
    Johnersh Posts: 1,494 Forumite
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    Yep. It will be relisted.

    That'll be the sharp end of real terms 50% budget cuts to justice. No flexibility for illness, less judges, fewer courts, longer waits.
  • bargepole
    bargepole Posts: 3,236 Forumite
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    Cases are never 'struck off', they can be struck out.

    Solicitors, barristers, doctors and other professionals can be struck off by their regulatory bodies for serious misdemeanours. You have to get the terminology right when dealing with court matters.

    And a hearing being 'vacated' simply means that it isn't happening on the listed date, and will be re-listed at a future date.

    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.
  • dkts
    dkts Posts: 21 Forumite
    Third Anniversary 10 Posts
    Thanks All! Much appreciated and clearly understood! Great examples/explanations also.
  • Snakes_Belly
    Snakes_Belly Posts: 3,700 Forumite
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    There are shortages of staff everywhere at the moment due to people having to isolate. Judges are not immune.

    Nolite te bast--des carborundorum.
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