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

longtale_Parker

Snakes_Belly said:

I am not too sure about this but if the particulars of claim are not submitted by today then would the claim be statute barred?

They have made a claim before the six years but it was not compliant.  

My mistake... don't know what I was thinking but the date was 2nd May, not 5th Feb! 

Snakes_Belly

Any news on this claim yet?

longtale_Parker

Snakes_Belly said:

Any news on this claim yet?

I have not heard anything back, from them or the court and think they have given up having missed the deadline!
Is there any way I can check for certain on the court website?

longtale_Parker

If that is the case - thank you all for your fantastic support and your incredible knowledge and patience!

What you do is truly remarkable and kind
  

Snakes_Belly

They had until the 9th February to respond. If they had responded to the court then I would have thought that you would have received a copy. 

I did think this would fold but just to be sure I would contact the court.   

longtale_Parker

Good afternoon all,

Just when I thought I was out...

Today (23/09/22 so more than 6 years after the 'event') we received a pack from dcb containing an Amended Particulars of Claim and a "General Form of Judgement or Order" which looks a bit more official than the dcb doc and invites us to submit an amended defence by the 13th October.

Is it the case that we need to start again and follow the same steps e.g. starting with an Acknowledgement of Service etc?

The court order states:

The claim be reinstated pursuant to the Court's general case management powers at CPR 3.1(2)(m);

The Claimant be granted relief from sanctions pursuant to CPR 3.9...

The new particulars, at the same amount as this heading, include:

Charge
Contractual Costs
Interest
Court Fee
Legal Rep Fixed Costs

With regard to the previous round, we never had a response to our SAR to Excel 

Coupon-mad

See what @Johnersh thinks, if you are saying that the amended POC were not served within the six years.  Albeit the court seems to have reinstated the claim anyway.

Why weren't you sent that Order by the court?  Do they have the right address for you?

No AOS needed. You can amend the defence.

Follow up the SAR and give Excel 7 days to comply or you are going to the ICO.

longtale_Parker

I'll be interested to know why the period has been extended - the 'event' date on the PoC is clearly 05/02/2016 and the amended PoC date is 27/05/2022

I don't know why we haven't received anything from court - I assume the court have the correct address, as it would have been on the forms we completed. The order appears to have been issued by them on the 13th September, so I assume they just have a slower mail service than dcb?

Do I need to amend the defence? I don't believe anything has changed but will have a look. Is it worth calling out the time-lapse?

I'll send a follow-up SAR today

Thanks

Snakes_Belly

Sorry to hear that.

 Like CM says see what @Johnersh says. He is legally trained.

longtale_Parker

Could the extended timeline be allowed because of this relief the court has granted...

Relief from sanctions

3.9

(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need –

(a) for litigation to be conducted efficiently and at proportionate cost; and

(b) to enforce compliance with rules, practice directions and orders.

 - this would suggest (to me) that this particular judge seems to think there is some merit to this type of banditry, where others have dismissed these cases? Am I reading it correctly that the Judge (McMurtrie) has relieved dcb of the need to comply with the rule regarding late filing?