UK CPM, Gladstones/Empira CCJ success

Le_Kirk

Mana2019 said:

Let me guess what's going to happen. I get my CCJ set aside tomorrow, however there will be another court hearing regarding the car park incident after this. 

Yes, that is what normally happens unless you asked in your draft order for the claim to struck out to due to "4 months dead" or "lack of service" or similar.

Mana2019

This was in my draft order:

3. Order for original claim to be dismissed.

Will it be dismissed, or I'll have to explain on the spot why?

Coupon-mad

Yep. Two arguments support a strike out:

- for want of proper service within 4 months of the claim being filed.  The claim form was not served to the current address and the failure to take steps to check the address is a breach of their Code of Practice, which DOESN'T let operators just run with the DVLA address;

- in the alternative, due to failure to comply with Part 16. See TWO persuasive appeal decisions: CEL v Chan and CPMS v Akande, as seen in the 'judgments' link in the thread updated on Monday by @Le_Kirk


AND at the end, you must ask for your costs to be ordered to be paid by the Claimant due to their unreasonable conduct. You want your N244 fee and attendance/loss of leave (and travel) costs back NOW, or at least 'reserved' such that you are protected and your costs are paid by the Claimant if the case survives and then they discontinue.

Mana2019

So result.

I got my CCJ aside.

However, the case will be back to square one. This is because there was no form for a strike out. So now I have to prepare a WS and evidence for the car park incident case.

Also the costs have been reserved, and will be given to me should I win the case.

Coupon-mad

That is great!

So now you have to bung in a defence within 14 days I assume?

Mana2019

Coupon-mad said:

That is great!

So now you have to bung in a defence within 14 days I assume?

The judge said the earliest I can expect another hearing is September/October. Which is good, because I will be out of the country for most of August.

But yes, it's now time to prepare for the defence. But goodness sake, the incident happened in 2021, we are in 2024.
All I remember is I had to quickly drop the apartment keys to the landlord, who was in the Network Homes' office opposite where I parked.

Fruitcake

Dropping off/picking up is not parking, as determined in the persuasive appeal case of Jopson v Homeguard. The transcript is available online. Have a look at the judge's comments around paragraphs 19 and 20.

Mana2019

Fruitcake said:

Dropping off/picking up is not parking, as determined in the persuasive appeal case of Jopson v Homeguard. The transcript is available online. Have a look at the judge's comments around paragraphs 19 and 20.

So this is very similar to the previous case I won last year.

During the hearing, I spotted that UKPCM had claimed that my vehicle was at 3:47pm. However, all the photos that were taken at the time were from 3:40pm. So how do they know the vehicle was there at 3:47pm?

There was no other evidence to suggest my vehicle was there at 3:47pm, unless they have more photos hidden.

I pointed this to the judge...but. He said he's going here to set the CCJ aside, not to strike off the claim. But he agreed that was off.

Coupon-mad

The Judge MUST have ordered you to defend the case now.  After a CCJ set aside where the claim isn't dismissed, the D has to defend, usually within 14 days. What did the Judge Order at the end?

Also, have you told the court hearings staff that you are away for several weeks - in writing (by email) with a few extra 'unavailable' days added either side, obviously - so that the next hearing avoids your dates?

Mana2019

Coupon-mad said:

The Judge MUST have ordered you to defend the case now.  After a CCJ set aside where the claim isn't dismissed, the D has to defend, usually within 14 days. What did the Judge Order at the end?

Also, have you told the court hearings staff that you are away for several weeks - in writing (by email) with a few extra 'unavailable' days added either side, obviously - so that the next hearing avoids your dates?

Yes The Judge had ordered me to defend the case.

Judge Order? Honestly I forgot some of it. He spoke for 4 minutes on the verdict, which included stuff from the car park incident.

What I do know, is that I definitely told the Judge that I will be away for most of August, and the Judge responded that the hearing is not going to happen anyway until September-October. I can't remember why, but I don't think that's important.

Shouldn't I wait for the letter to arrive for further instructions/steps?