County Court Claim - UKPC

ouilhill

Fruitcake said:

Well done on your win, and thanks for letting us know. If they PPC pays up on time, then bank it. If they don't pay within the court mandated timeline, my advice would be to wait until the appeal deadline has passed, and then ask the PPC once for payment, with a threat to take out a warrant of control against them if they don't. There are other methods of getting your money, but a WoC will sharpen their minds because court appointed bailiffs are authorised to seize goods in lie of payment.

If they still don't pay, then do apply for the warrant. You will get the cost of the warrant refunded along with the costs ordered by the judge.

Thanks for the info. How would they normally pay me? They don't have my details.

Am I now expecting a letter from Court confirming case struck out + costs awarded?

Coupon-mad

ouilhill said:

Hearing took place last week remotely. Case was struck out as no one from claimant showed up! I was quite surprised as they had sent a very lengthy Statement addressing all my points...

The judge did mention however that the claimant didn't address the point that the landowner didn't give them authority to administer the case but should they have responded to this convincingly, they would probably have won the claim.

He also said that they had a way to apply for re hearing if they had a good excuse for missing the hearing, so hopefully they don't!

Finally on costs, I got awarded 1/2 a day at the cap of £95/day and the judge didn't agree to the rest. I didn't really want to fight my case too much as I was a bit worried the other party might join late.

Thanks to everyone on the forum for the great work you do to make these scammers' life a bit harder. I hope it's the end of it for me!

Fantastic!  Unlikely to have to be re-heard but keep all paperwork for a few months, in case.

ouilhill

Unfortunately, bad news on my case. A couple weeks after the case was struck out last December, I was informed that the claimant had not been sent the link for the call by email so the court agreed to have a new hearing...

It happened a couple weeks ago with a particularly unpleasant judge. Although to be fair we did go through the evidence (the signage not being obvious mainly) but his conclusion was that I should have known, not parked and therefore I lost. Although the final sum is a bit lower for some technical reason, still in the £200 area in total.

On that, the judge was sort of mumbling and rushing through at the end and although I think I know the sum I have to pay, he told me to get in touch with the claimant's solicitor directly to confirm the amount and pay within 21 days. I find a bit mad that I shouldn't receive an official paper from the Court first, is this normal?

Le_Kirk

You should receive a General Form of Judgment of Order in the post.

Coupon-mad

That's a real shame.  Proof that small claims is a lottery.  One Judge awards the case your way and another, led by a legal rep for the Claimant, goes the other way.

ouilhill

Le_Kirk said:

You should receive a General Form of Judgment of Order in the post.

Do you think I should wait for this to make the payment or did the 21 days countdown started on the hearing day and I should arrange myself to get the bank details etc from the claimant's solicitor?

Thanks

Le_Kirk

You could phone the court where the hearing took place and ask when (not if) the judgment will be issued but could they also look on the system and see what it states. The payment details should be on the N1 claim form and any of the letters you have received from the claimant and/or their solicitor.

ouilhill

I've now received the judgement that confirms the sum but still no mention of any bank details to make the payment and my deadline is tomorrow 4pm... It's not on the claimant's statement of costs and I emailed them a week ago but didn't get any reply. What do you think I should do from there?!

Thanks

Le_Kirk

On your N1 claim form it states the claimant's name and also details for correspondence and payment if different.  during this whole process did you receive any letters from the claimant asking for money and telling you where to pay?

KeithP

And further to @Le_Kirk's point, the back of your Claim Form has a box entitled How to Pay. Does that help?