Struck out case back again - I am at the end of my tether

roberts589

I am really struggling today after this development.

I had a (multiple incorrectly and maliciously issued PCN) case brought against years ago, for a residential parking issue (where I rented a flat.) A lot of money in the thousands. 

I moved away and a few years after the PCNs were issued to the car I was the registered keeper of (to multiple drivers) a judgement in default and CCJ was issued (no idea about it until it appeared on my credit report.) 

I successfully and quite rightly, using the great advice on here, had it set aside in 2020 (which was a battle in itself with an absolutely clueless judge) over 3 years ago, and it then took another 2 years to come to a hearing for the second time. I'd done hours upon hours of research and my defence was strong so I am confident there.

That was early 2022, 14 months ago - just before that hearing the court sent a letter saying the claim was struck out and hearing vacated as the Claimant had failed to comply with fee orders. I even emailed the court to confirm this was correct before the hearing and I didn't need to attend (never got a reply.)

Fast forward to this week, nearly 15 months later after zero further communication, and I have received via Royal Mail forwarded post (I moved again over a year ago) an absolutely huge costs schedule from the claimants solicitors relating to an apparent new hearing for the same case number (!!!!) The court have been completely uncontactable today or yesterday, so I made contact with the claimants solicitors to find out what the hell was going on; they laughed it off and explained it was an error by the court, and a near hearing date was set recently (a letter i've never received.)

I'm now due in court soon (I cannot attend and have told the court..... this is nearly 2 years since the DQ!) 

The whole thing has been a complete shambles from start to finish and it feels as though the court are helping the Claimant have continuous bites/attempts at their spurious case. 

I have a robust defence, but I cannot help feel this is completely unfair and not going how it should be, the process is completely all over the place - I am genuinely thinking about counterclaiming and taking it up formally with the court also. I simply cannot deal with this yet again, and the court is giving the claimant every opportunity possible it seems to have another go???!

Coupon-mad

The whole thing has been a complete shambles from start to finish and it feels as though the court are helping the Claimant have continuous bites/attempts at their spurious case. 

Agreed.  We think the small claims track favours Claimants unfairly and cases like yours confirm that.

Do you even know the date and time of your hearing?

Can the court accommodate you by phone instead (even if you are abroad)?

Have you got time to put in a supplementary WS?

Have you told the court and the roboclaim bully solicitors your new address, so you don't miss anything?

What are the facts of the case?  What did your defence and witness statement and evidence look like?

Johnersh

They likely will have applied to have the claim reinstated. If so, that should have been on notice.

So, you write to the court and to the defendant and seek copies of all and any correspondence with the court since the strike out. There has no doubt been a breach of cpr 39.8, which is critical to openness and fairness in proceedings. No professionally represented party should fail to comply with that obligation. 

Further, if an application was made formally, then cpr 23. 4(1) is in play too. 

roberts589

Coupon-mad said:

The whole thing has been a complete shambles from start to finish and it feels as though the court are helping the Claimant have continuous bites/attempts at their spurious case. 

Agreed.  We think the small claims track favours Claimants unfairly and cases like yours confirm that.

Do you even know the date and time of your hearing?

I do, it's in exactly 2 weeks time

Can the court accommodate you by phone instead (even if you are abroad)?

I don't know yet, i'll ask. I have an extremely important work event that week which will need my entire effort and attention morning to evening. I'll ask though (half tempted to move heaven and earth get it over with)


Have you got time to put in a supplementary WS?

I do, and will if this is advisable?

Have you told the court and the roboclaim bully solicitors your new address, so you don't miss anything?'t think it was necessary and washed my hands of it finally after several years and the strike out order

I have now - I had no cause to a year ago when the claim was struck out.... perhaps I should have done... but didn't think it was necessary and washed my hands of it finally after several years and the strike out order

What are the facts of the case?  What did your defence and witness statement and evidence look like?

It's a multiple PCN residential case, and have covered in huge detail in defences/witness statements before, Primacy of Contract, forbidding signage, inflated sums/double recovery, lack of LA authority, capricious behavior, PoFA failures etc etc etc

Replied in Bold

roberts589

Johnersh said:

They likely will have applied to have the claim reinstated. If so, that should have been on notice.

So, you write to the court and to the defendant and seek copies of all and any correspondence with the court since the strike out. There has no doubt been a breach of cpr 39.8, which is critical to openness and fairness in proceedings. No professionally represented party should fail to comply with that obligation. 

Further, if an application was made formally, then cpr 23. 4(1) is in play too. 

Hi Jonersh - thanks for this I presume you mean to the Claimant?

I'll read up on the above CPRs and act accordingly. Thank you very much

Johnersh

Yes I do.   Soz, I spend most of my life doing claimant work. 

roberts589

@Coupon-Mad what do you advise a supplementary Witness Statement should include?

roberts589

Johnersh said:

Yes I do.   Soz, I spend most of my life doing claimant work. 

No worries Have I got a legitimate argument of prejudice here with this delay and lack of communication? Most of the actual "events" occurred well over 6 years ago also.

I have a robust defence but i'd rather it didn't get to the stage where it needs to be used. 

This is the third "bite of the cherry" the claimant has had, and I have acted in time and successfully at each step.

This can't be right and as an untrained moron of the public, i'm sure i'm missing something here that would render this entire claim procedurally and generally dead. 

roberts589

Should add, I have had no reply to any emails to the court to gain any info on what has happened, and have been held on CCBC phone 3 times today for over an hour, then hung up on after being put on hold while they check the info. 

It's just absolutely pathetic and actually, in the true definitive meaning of the word, disgraceful. Yet if a defendant puts a foot wrong - bang, instant judgement. The courts are *******. The claimants are *******. The system is *******.

**** 'em.

Coupon-mad

i'm sure i'm missing something here that would render this entire claim procedurally and generally dead. 

@Johnersh told you what he thought they'd breached.  Did you fully understand his reply?

A supplementary WS adds whatever new stuff you want to raise that wasn't in your 2021 WS.

Johnersh

Between 2010 (coalition) and 2020, the ministry of justice saw year on year cuts in funding. That is why there are fewer staff and more delays. Why court rooms leak and have rodent problems. Your only power is exercised at the ballot box.