Claim Form - Small Claims Court - Britannia Parking

B789

chad888 said:

I have never written a draft order before, and could not find an example in this forum. Could somebody please check below and see if it is okay??

In the County Court at XXXXXX
District Judge XXXXXX
Claim No. XXXXX

Between parties
Claimant: XXXXXXXX
Defendant: MR XXXXXXXX

District Judge XXXXX considered the papers and ordered upon the claim form lacking sufficient details, the claimant is to file and serve a new Particulars of Claim by 4pm on 6th July, and the Defendant has until the 20th July to respond.

It is to be noted that the Claimant has the Defendants address - XX XXXXXX XXX XXX, and prior to the 6th July, has sent correspondence to the Defendants address that has been recieved. 

On the 10th July, as the Claimant had not served an updated Particulars of Claim, the Defendant emailed the court requesting further guidance, and if the court were able to assist in sending on the Particulars of Claim to the Defendant.
The court responded with -
"The Court has noted that you have not received the Particulars of Claim and you are, therefore, unable to respond. As the Claimant is responsible for sending the Particulars of Claim to you, the Court is unable to provide a copy to you."


The Defendant requests the following court order -

Given the Claimant failed to comply with the court order made on 20th June,

and upon

The Claimant having failed to file upon the court and Defendant new particulars of claim as required by Judge XXXXX court order.

The claim is hereby struck out.

I'm not legally trained but it seems OK. As far as I am aware, it should be an "and upon" order. Also, are you claiming any costs associated with this?

Coupon-mad

Saw a typo: recieved

chad888

Notice of Discontinuation filed by Claimant!

Given the Claimant had not filed the updated particulars of claim to my current address, I sent a draft order to the District Judge and court. The Jude instead had the court send me the updated Particulars of Claim, giving me 2 weeks to respond (16th August).

I responded within a few days, it gave me a chance to update my defence with new evidence that had come to light after I submitted my last defence.

Namely email discussion with the land owner stating they were requesting the claimant cancel the case, and the claimant stating that they have requested BW Legal to cancel the claim, but BW Legal were leading them on it.

Defence was emailed to BW Legal and the court, and later that night - notice of discontinuation from BW!

Coupon-mad

Yay, that's great news as it was a big claim:

"I've stayed at this hotel for around 400 nights (4 nights a week for 2 years). I remember an unspecified date in which the receptionist was moaning about the car park system is being faulty. It was around the time - May 2022.
I am being charged for 4 stays totalling £1220 plus £80 court fees and £80 solicitor."

ANOTHER ONE BITES THE DUST!

Well done.

Now that it's over and you won, two things:

1. Please could you show a redacted pic of the Claim Form? I am collecting images of multi-PCN claims to show the Government that it's a mistake to allow PPCs to inflate claims 'per PCN' because in cases like yours, it adds hundreds.

Please reply with a photo of the claim.


2.  Please help us (on another thread) with photos in August or September of 'good' car parks near you. Not Council ones!

Must be private land and either a car park happily living life with no PPC, or one where the sign says £50, £60, or £70 PCN value (no higher).

When you start looking you'll see them all over the place.

Loads of car parks for shops and offices have no PPC and just their own polite sign at disabled bays.

Pics of those are good!

Also £50 or £60 signs are common at Hospitals.
£70 signs are common at Tesco, Aldi, Asda and some Sainsburys & Waitrose.

I'm taking you to page 32 of the thread to post them on because it shows what I need as evidence:
https://forums.moneysavingexpert.com/discussion/6463361/dluhc-private-parking-code-government-launches-call-for-evidence-discussion-thread/p32

Obviously you need to hop to page 1 to see what it's all about if you were unaware of the Call for Evidence.