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Newbie at the start of his CCJ claim form defence journey (Help) - UPDATE-CLAIM STRUCK OUT!!!!

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  • Gaz87
    Gaz87 Posts: 29 Forumite
    10 Posts Name Dropper
    Still no update regards this either online or in the post. 
    Deadline as well and truly past now.  

    Do you think it's worth me calling the courts up or would you just leave it until they get in touch with me?

    Many thanks as always. 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 11 October 2023 at 12:39PM
    Gaz87 said:
    Still no update regards this either online or in the post. 
    Deadline as well and truly past now.  

    Do you think it's worth me calling the courts up or would you just leave it until they get in touch with me?

    Many thanks as always. 
    Did you not see my post on your thread on 15 September at 5:10PM where I wrote...
    But these words...

    ...mean that the Claimant must file with the court and serve on the Defendant the revised PoC by the date specified.

    If you have received nothing, then they have failed to meet the terms of that Order.
    That needs pointing out to the Court.
    It's nearly four weeks ago that I wrote that.
  • Coupon-mad
    Coupon-mad Posts: 151,659 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 October 2023 at 2:24PM
    Gaz87 said:
    Still no update regards this either online or in the post. 
    Deadline as well and truly past now.  

    Do you think it's worth me calling the courts up or would you just leave it until they get in touch with me?

    Many thanks as always. 
    Despite Keith's advice a month ago, are you saying you did nothing? You haven't pointed this failure by the Claimant out to the court and asked the Judge to award your costs?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Gaz87
    Gaz87 Posts: 29 Forumite
    10 Posts Name Dropper
    I didn't know if I had to await for further  confirmation from the court before replying in writing. 
    Anyway I have just called the court for an update and they have stated theclaim has been struck out as the claimant has not sent anything since. 

    Unless they apply to reinstate it.

    Asked for them to send it in writing which I should get shortly. 

    What would I do regards costs then or am I best to leaving it now?

    Glad it's done though to be honest. 
  • Coupon-mad
    Coupon-mad Posts: 151,659 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You'd be doing what the NEWBIES thread already says about costs.  There's even an example of what to put.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Gaz87 said:
    I didn't know if I had to await for further  confirmation from the court before replying in writing. 
    Why??

    Once again I repeat what I wrote on your thread four weeks ago...
    KeithP said:
    If you have received nothing, then they have failed to meet the terms of that Order.
    That needs pointing out to the Court.
  • Gaz87
    Gaz87 Posts: 29 Forumite
    10 Posts Name Dropper
    You'd be doing what the NEWBIES thread already says about costs.  There's even an example of what to put.
    Thanks , I have had a look and decided to leave it as is.

    KeithP said:
    Gaz87 said:
    I didn't know if I had to await for further  confirmation from the court before replying in writing. 
    Why??

    Once again I repeat what I wrote on your thread four weeks ago...
    KeithP said:
    If you have received nothing, then they have failed to meet the terms of that Order.
    That needs pointing out to the Court.
    As mentioned previously dealing with courts is not something I'm familiar with luckily and just assumed I couldn't just pick up the phone to update them.

    Like I said I'm pleased it's done and dusted with now and hopefully my case can be added to the list of existing failures from DCB and uk parking control. 

    Many thanks once again for everyone's help and if anything else needed from me to help the cause please let me know. 
  • Coupon-mad
    Coupon-mad Posts: 151,659 Forumite
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    OK so I will say well done, you won!

    ANOTHER ONE BITES THE DUST!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Gaz87 said:
    ...they have stated the claim has been struck out as the claimant has not sent anything since. 

    Unless they apply to reinstate it.
    I'm pretty sure that if the claim has been "struck out", they cannot just "reinstate it".

    Anyway, that is a win. @Umkomaas alert!
  • Umkomaas
    Umkomaas Posts: 43,350 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Gaz87 said:
    ...they have stated the claim has been struck out as the claimant has not sent anything since. 

    Unless they apply to reinstate it.
    I'm pretty sure that if the claim has been "struck out", they cannot just "reinstate it".

    Anyway, that is a win. @Umkomaas alert!
    It's a court strikeout, not a DCB Legal discontinuation, and as I'm trying to keep the discontinuation thread 'pure', I won't include this case. But, good win, whichever way up. 🙂
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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