County Court Judgment

Coupon-mad

I'd reply, when DCBLegal write:

No settlement.  Stop bothering me and either crack on with your Witness Statement deadline so I can see what rubbish your client is relying on, or just put yourselves out of your misery, move on to other lower hanging fruit Defendants you are victimising and hurry up with the inevitable discontinuance in my case.

63realfan

B789 said:

63realfan said:
The court date is for June 16th which is when I'm on holiday. I noticed they say that this will take place in my absence which I'm a little concerned about. Is there anyway I can request to have the case moved to a different date?

Did you not have the opportunity to provide the court with dates you would be unavailable when you completed your N180 DQ? Whilst we fully expect DCB Legal to discontinue before it ever gets to court, if it did and you were not there in attendance, you would be at a disadvantage. I don't believe you now have any opportunity to get the date moved.

I didn't get the chance. I had the CCJ set a side hearing and the judge said she would have the case put through the small claims track. I didn't get any N180 DQ or get any chance to give the dates. I'll be absolutely gutted if I cannot be there and am extremely worried about not being able to be there. Then again if its completed via video link, I can ofcourse attend whilst i'm on holiday via the wifi and take my laptop with me. 

63realfan

Coupon-mad said:

I'd reply, when DCBLegal write:

No settlement.  Stop bothering me and either crack on with your Witness Statement deadline so I can see what rubbish your client is relying on, or just put yourselves out of your misery, move on to other lower hanging fruit Defendants you are victimising and hurry up with the inevitable discontinuance in my case.

I am super tempted to actually put something like that. Maybe I'll leave out the discontinuance part as don't want them to think ''what a cheeky !!!!!!, we'll take it to court in that case'' :l:lol:

Coupon-mad

You should have provided your holiday dates as soon as you knew them; you didn't need a special form to tell your local court when you weren't available for a hearing.

Never mind, DCBLegal will discontinue.

63realfan

Coupon-mad said:

You should have provided your holiday dates as soon as you knew them; you didn't need a special form to tell your local court when you weren't available for a hearing.

Never mind, DCBLegal will discontinue.

Yeah appreciate I should of done that really. Typical it falls on that week. Was only booked last week too which is annoying. Appreciate it. I hope they do. I'll respond that I will not settle

63realfan

KeithP said:

63realfan said:

In regards to WS - it states ''The Claimant must send the documents so that they are received by no later than 4pm on 22 May 2023. The defendant must send the documents so that they are received by no later than 4pm on 5th June 2023 so 5th of June looks the date and I don't want DCBL legal trying to short me last minute like they did with my CCJ case. I was absolutely furious that DCBL stitched me up that way so I will be submitting document asap.

With those instructions, I would not be filing and serving my Witness Statement and evidence as soon as possible.

A clued up judge has given you a filing deadline two weeks after the Claimant's deadline.

If they don't discontinue, that gives you two whole weeks to find all the holes in their case.
Don't throw that away.

Also be ready to report the Claimant's failure to meet that 22nd May deadline should that happen.

Thank you for the advice, as ever thank you so much 🙏🏻

63realfan

just an update - DCBL told to go and do one so hopefully they discontinue.

Courts informed about the dates I cannot do and asking if I can change the date.

Complaint put in to CCBC to get compensation/a refund of the N244 fee.

Will keep you all updated and as ever thanks for your ongoing support

63realfan

Received this response to my complaint today - 

“ Thank you for your recent complaint received on 2 May 2023.

 

I am the Applications & Orders Manager  at the County Court Business Centre (CCBC) and I am writing in response to your complaint.

 

Firstly i am sorry this has happened to you and that you have had cause to complain.

 

Please let me explain how the claim came to be issued to you.  Parking Eye upload their claims electronically onto the court system in bulk.  This means the court is unaware of individual cases nor when they will be issued.  The claim pack is sent out to the defendant from our bulk-issuing centre which is not in Northampton again electronically using the address that the claimant provides as details of the claim.  It is unfortunate that the claimants issued your claim around the time of the postal strikes but under the Civil Procedure Rules there was nothing to legally stop them doing so.

 

Claim number (Removed by Forum Team) was electronically issued on 9 December 2022 which gave a Date of Service of the 14 December 2022 giving you 14 days from that date to file a response to the claim.  As no response was received the claimant was then able to requested Judgment by Default against you.

 

You then contacted the court and the fee of £275 was paid to process your N244 application and then transfer out to the relevant local court for a hearing.  This was done in a timely manner and i can see from the case that the Judge found in your favour and the Judgment was set aside.

 

Due to the above, i do not feel it is appropriate to offer a refund of the court application fee of £275.  The case is still currently with Aldershot and Farnham County Court at this time and looking at the District Judge's Order there was no direction for a refund to be given.

 

I trust this answers your query.

 

If you're unhappy with my response

 

If you're unhappy with the way I've handled your complaint, you can ask our Operations Manager (Removed by Forum Team) to review it. Just write to her at this address with details of why you're not happy:  ccbc@justice.gov.uk

63realfan

Sounds like their problem it’s automatically sent out not mine? Wasn’t my fault at all! 

63realfan

Also to add @Coupon-mad - I tried pushing dates back to no avail. I understand it's my fault just didn't realise. They said I can if I pay £275 for a n244 again to have it pushed back but that sort of kills the whole point. Would make sense just paying off the claim from DCBL. I'll just have to hope DCBL discontinue, not heard anything back yet..they have 10 days left for their deadline!

I got sent this from the courts about pushing back the dates, can I grab some clarification on the bold part?

Hearings are listed weeks and months in advance.

This case is in second place which means it is reliant on another case being settled for it to take place. This may or may not happen.

The case is being conducted by CVP so there is potential for you to connect to the hearing wherever you are, providing you are in a space where it is private. <<<<<----- hopefully it does go ahead this way then I can represent from holiday.

Thanks all