Judgement for Claimant (in default) received.

Grizebeck

This was the risk for doing this when the claimaint was not at fault
So i can understand the judges reasoning

B789

Which court and which judge?

Sadly, you were unable to evidence any failure by the Claimant. You relied on the fact that there was a postal strike at the time but that, in itself, is not evidence. On the balance of probabilities, it looks like the judge decided that any postal strike was not a factor. As for cause of action estoppel, was this just the first of more PCNs? If so, surely cause of action estoppel wouldn't apply until following cases.

Still, it looks like you were unlucky with the judge and he/she didn't believe that you didn't receive the claim.

Juliansnemesis

Hi @Grizebeck,

Could you elaborate on what you mean by the claimant not being at fault? Do you mean for issuing the original PCN? Or for me not having received the initial claim and response pack? 

JN

Juliansnemesis

Hi @B789,

Genuinely don't recall the judge giving their name. It was Oxford county court and it was a DJ. 

It's madness! how do I prove that I didn't receive a letter? Other than do what I did which was evidence that I have dealt with all other claims promptly at each stage and that I immediately dealt with this judgment when I received it in the post? Therefore why would I ignore this one?

This is not the first PCN. The claimant has filed several claims against me. 3 of those were prior to this one and 2 of those the claimant discontinued before court hearings. Again I detailed this in my statement. 

I included a copy of my defence statement from one of the discontinued cases as an exhibit. I made it clear that each PCN was issued under the same circumstances. The judge did not agree this was CofA. 

JN. 

B789

Whilst the claim is filed by the Claimant, the form and response pack are posted by the CCBC. In this case, the Claimant has done nothing wrong from a technical standpoint. They used your correct address. Unless you can somehow evidence that Royal Mail lost the letter, you really have nowhere to go, at least on CPR 13.2. As for the judge deciding that you had no chance of successfully defending and denying you a set aside under CPR 13.3, that just sounds like bad luck with judge bingo.

You may have grounds to appeal if you honestly believe that the judge erred on points of law but you would need proper legal advice and be prepared to lose much more money on a point of principle if it goes south. I believe most legal advisors would try to talk you out of this option. How deep are your pockets?

Coupon-mad

He means for the non-receipt of the claim.

It does seem wholly unfair that your Judge failed to even consider your evidence that no claim ever arrived and that this is known to have happened to several people and the CCBC has received multiple similar complaints. Given that fact, surely CPR 13.2 or 13.3 applied...

I've even done a FOI request to try to expose it:
https://www.whatdotheyknow.com/request/information_about_moneyclaims_af

You may want to get a witness statement from @63realfan (who is one of several who was in the same boat as you) and make a formal complaint to HMCTS and the CCBC.

Show all this to your MP and ask them to complain to HMCTS and the CCBC on your behalf about the woeful processing of this claim and others in December.

NOT ABOUT THE DECISION (as they can't interfere with a Judge's findings) but about the failure to use a method of post in December that guarantees next day delivery, or in fact was likely to be delivered at all.  I wrote a complaint for someone all about that aspect; might be on the thread by @63realfan

And see if your MP can get this Claimant to agree to another route - e. g.  will they do a Tomlin Order to set aside the CCJ under the circumstances, once you've paid it.

NOT JUST MARK IT AS  'SATISFIED'.

You really want it set aside by hook or by crook, not 'satisfied' (the latter leaves damage on your credit rating anyway).

The trouble with appealing a decision in a PPC case is that most Circuit Judge decisions we've seen are utterly appalling.  Tone deaf, no idea about clear and prominent parking signs, the CRA 2015, DVLA KADOE rules or the Codes of Practice and HHJs have been completely led up the garden path by suited lawyers for the Claimants in appeals.

AND you'd expose yourself to even more costs because the case was never allocated to the small claims track.

Juliansnemesis

@B789,

Ok thank you I understand. And no I can't afford to lose any more money. The injustice is just going to hurt for a while until I decide life is too short and get over myself. 

Had I known at the time that the default judgment was not on hold I would have paid it to avoid bad credit. You live and learn. 

Last question if that's ok. So far the claimant has discontinued 2 of their claims before trial. Are there any circumstances where they would be allowed to resubmit these claims? 

Thanks for all your advice. 

JN

B789

Juliansnemesis said:

Last question if that's ok. So far the claimant has discontinued 2 of their claims before trial. Are there any circumstances where they would be allowed to resubmit these claims? 

No. You just lucked out with a crappy judge.

Coupon-mad

No.  You can relax about that.

But don't miss that I suggested a possible way to get the CCJ removed if your MP is on board to push the complaints route I suggested.

Juliansnemesis

@Coupon-mad,

No I haven't missed that and I will get on to it. Thank you. 

JN.