compiling defence for unfair parking ticket, county court business centre stage

Ysekots

I haven’t received any correspondence from dcb yet regarding a discontinuation. They are due to pay the trial fee by 18th march so I will give it 4 more days. And then I will let you know if I hear anything. 

Ysekots

I have majorly cocked this up. DCB did not discontinue and my hearing was today. I am 6 months pregnant and my baby brain had me convinced my hearing was tomorrow. I was supposed to arrive at the court at 10am today, but at 11:30am I sat down to organise everything I needed for the hearing tomorrow and then realised my huge error. I got dressed and rushed to the court house. I arrived at 12pm and the usher confirmed I had missed my hearing and my defence had been Struck out due to non-attendance. I am soooooo fuming with myself after spending so much time and effort on this. I think I can complete an application to have the decision set aside. I am going to search the forum for any pointers on doing this, or if anyone has any advice it would be greatly appreciated. 

Coupon-mad

Oh dear.  So sorry but I see no way you can.

Ysekots

Do you think I can start an appeal instead?

Coupon-mad

No.  So sorry.

Le_Kirk

All you can do is make sure that you pay the amount the judge states on the General Form of Judgment or Order and within the timescale set by that order to avoid a CCJ.

Mikeh2001

For my understanding (and maybe for that of the OP) are there ANY circumstances where mitigating circumstances that a judge would consider a set aside? For example - if the OP fell ill or had an accident on the day of their expected attendance would there no be an option to set aside on compassionate grounds?

nopcns

CPR 13.3. However, it is entirely up to the judge's discretion whether to allow it. It will still cost £257 with no guarantee that it will succeed.

Have a read of CPR 13.2 (Mandatory) and CPR 13.3 (Discretionary) set aside rules:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

Mikeh2001

thank you! its clear that the advice to the OP is to pay the order

Not paying the order would be an intolerable risk of a CCJ in the event judge not agreeing to set it aside at some future date (as well a sunk cost)

Additional question (if you don't mind): Is there version of events where the OP pays the order but then raises separate claim to recover the costs from the current claimant?  As i understand it the OP paid one judgement already (for £290) as they missed service at old address.  this second claim is 600+.  There should have never have been two claims and all along the OP had landowner authority as a resident parking in an area signposted as "no unauthorized parking".

nopcns

Paying the CCJ and then applying for a set aside is possible but it makes it much more complex and harder because there is the risk of it being seen as an admission of liability. They would have to argue that not paying the CCJ and then risking the set aside failing, for whatever reason, would put their financial situation if jeopardy.

The defendant can always try to have the CCJ set aside, with or without consent. The cost of a set aside with consent is only £108 as it does not require a hearing. However, if the CCJ has been "satisfied", there is little to no incentive for the claimant to agree to a set aside with consent. The defendant should at leat try though.

One reason for applying for a set aside would be the argument that there should not have been a second claim under cause of action estoppel. Again, the problem is why was this not argued when the defence was originally submitted?

Almost all the options for set aside in this case is going to be under CPR 13.3. IANAL and I would defer to the regulars who have many more years experience of dealing with this to advise anything else. If there is anything that would help the OP, they may want to try a consultation with Contestor Legal Services who specialise in the kind of cases and have a good track record in court against these unregulated private parking companies. I have no affiliation with this company.