Imperial War Museum North - Excel Parking Services Ltd. Amount claimed £288.52 from 05/02/2016!

longtale_Parker

Thanks L_K and C-M,

I think this draft reflects your valued comments...

DRAFT ORDER

IN THE COUNTY COURT AT: MANCHESTER

EXCEL PARKING SERVICES LIMITED (Claimant)

And

(Defendant)

CLAIM No:

DATE: 27 September 2022

UPON the request of the Defendant, 

And UPON noting that the Claimant failed to meet the court order to submit a compliant PoC to the court and to the Defendant prior to the requested date of 9 February 2022 so the case was struck out.

And UPON noting that the Claimant then failed to comply with CPR 23.7 and did not send copies of their application for reinstatement to the Defendant to date has still failed to do so.

And UPON noting that the amended Particulars of Claim (PoC) were eventually submitted to the court on the 27 May 2022, more than three months beyond the date when the case was struck out, and more than 6 years after the original event on which this charge is being claimed (5 February 2016). The court processed and incorrectly allowed the request on the 7 June 2022.

And UPON noting that having received judgment, allowing the case to be reinstated, the Claimant did not send the amended PoC and court order to the Defendant until after the 22 September 2022, and the Claim - including the time to serve POC - having been statute barred six months earlier.

IT IS ORDERED that:

1. The judgment dated 13 September 2022 be set aside. Pursuant to CPR 23.4 and CPR 23.7.

2. Application costs summarily assessed at £XXX to be refunded.

 

Dated 27 September 2022

 

 

Enc:

CPR 23.4, CPR 23.7 and 23.10

Notice of an application

23.4

(1) The general rule is that a copy of the application notice must be served on each respondent.

(2) An application may be made without serving a copy of the application notice if this is permitted by –

(a) a rule;

(b) a practice direction; or

(c) a court order.

(Rule 23.7 deals with service of a copy of the application notice)

Service of a copy of an application notice

23.7

(1) A copy of the application notice –

(a) must be served as soon as practicable after it is filed; and

(b) except where another time limit is specified in these Rules or a practice direction, must in any event be served at least 3 days before the court is to deal with the application.

(2) If a copy of the application notice is to be served by the court, the applicant must, when he files the application notice, file a copy of any written evidence in support.

(3) When a copy of an application notice is served it must be accompanied by –

(a) a copy of any written evidence in support; and

(b) a copy of any draft order which the applicant has attached to his application.

(4) If –

(a) an application notice is served; but

(b) the period of notice is shorter than the period required by these Rules or a practice direction,

the court may direct that, in the circumstances of the case, sufficient notice has been given and hear the application.

(5) This rule does not require written evidence –

(a) to be filed if it has already been filed; or

(b) to be served on a party on whom it has already been served.

 

Application to set aside or vary order made without notice

23.10

(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9, may apply to have the order set aside(GL) or varied.

(2) An application under this rule must be made within 7 days after the date on which the order was served on the person making the application

 

Le_Kirk

Obviously you change £XXX to the figure you actually paid/will pay.

Coupon-mad

I'd remove all of this as the decision you are asking the Court to make now is not pursuant to that rule and there are no costs:

 "Pursuant to CPR 23.4 and CPR 23.7."

"2. Application costs summarily assessed at £XXX to be refunded."

Le_Kirk

Is it therefore NOT an application but an e-mail costing zero fee?

Coupon-mad

Yep - hence why that end bit needs removing.

longtale_Parker

On it.

I think my edits were slightly out of sync with your comments... and/ or I'd picked up a suggestion that conflicted.

Thanks all

longtale_Parker

I think it is done now and I'm ready to email it in. The email as previously reviewed and the Order as a Word Doc attachment.

Should I send a copy to dcb or excel...?

Coupon-mad

You have to...!  Copy Dcblegal in visibly, so the Judge can see you did. 

Otherwise, surely you'd be doing what you accuse them of doing - a sort of 'application' behind their back! 

longtale_Parker

Thank you,

Just to confirm, I include dcb and not excel?

Coupon-mad

If DCBLegal are acting for Excel then you deal only with DCBLegal.