Text from Empira Ltd (Gladstones) - CCJ

Coupon-mad

Ah - DE then!  Hopefully the OP put the right claim number and right Claimant's name.

tunm153

Thanks all, I submitted it as DE. I guess the other question is what is your interpretation of the other claim which was set side? Do I wait for a letter or make the first move by calling them up to set up a payment plan?

"1. ordered that the judgment entered on xx/xx/23 set aside - 

2. court is satisfied that the defendant moved to correct address in march xx and did not therefore receive any parking notices

3. claim is stayed and shall stand struck out if no application is made by xx may 2025 to restore it to allow the parties the opportunities to negotiate"

Coupon-mad

Of course you don't pay that one.

It stands struck out!  The CCJ is gone.  If they apply to reinstate the claim (start again) then you will hear something in June from the Court about the next steps and you can defend it.  She should never have encouraged you to start talking to them about paying.  Of course you can defend a stupid parking claim.

I am worried that the other one ordered your defence by 24th though, and you missed the deadline.  She was an awful rookie Judge, if she didn't order the Claimants to first send you the Particulars of Claim, before you had to defend it. Awful mess of an order. 

Le_Kirk

tunm153 said:

3. claim is stayed and shall stand struck out if no application is made by xx may 2025 to restore it to allow the parties the opportunities to negotiate"

Is it really 2025?  Seems an awfully far away date!

tunm153

Latest letter (hearing is mid to late August):

Upon the Defendant complying with the Order of xxx dated xx May 2024 by filing a Defence dated xx May 2024 albeit two days out of time (the Defendant's concern about the absence of Particulars of Claim are misguided as the Particulars of Claim are included on the face of the claim form) - to the extent that it is necessary relief is given to the Defendant.

On XX June 2024 Deputy District Judge XXXX considered the papers and ORDERED:
1. The Claim is allocated to the Small Claims Track.
2. Further information about how your case will be dealt with is set out in the Instructions sent with this Order. You must read that document and comply with the instructions.
3. The FINAL HEARING of your case has been allocated 1 hour of Court time. The time, date and venue of the hearing are set out in the Hearing Notice which accompanies this Order.
4. The Claimant must pay the hearing fee or apply for a fee remission on form EX160 by the time specified in the hearing notice. If the Claimant fails to pay the hearing fee by that time, the claim will be struck out automatically and the final hearing will be cancelled.
5. The parties must send copies of their witness statements and documents to the Court and each other no later than 28 days before the final hearing. This includes the witness statements of the parties themselves as well as any other witnesses. Warning: If you do not comply with this order then the Judge may refuse to allow you or your witnesses to give evidence and may refuse to consider your documents.
 Additional Directions in a contractual claim for breach of parking terms. Additional Directions: The evidence which the Claimant must file at court and send to the Defendant must include:

a. A copy of any written terms of the contract between the parties; 
b. A copy of the agreement by which the Claimant is authorised by the landowner to conduct parking operations on the land in question, redacted as necessary,
 c. Details of the location where the contract was made,
d. If photographic evidence is relied upon, each image must be clear, in colour and A4 size,
e. Detailed allegations of any breach of contract relied upon by the Claimant, and
f. An explanation of how the amount of the alleged debt is calculated under the agreement
g. This Order has been made without a hearing and the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.





Unless the claimant does by 4.00pm on the 20 July 2024 pay to the court the trial fee of £85.00 or file a properly completed application (i.e one which provides all the required information in the manner requested) for help with fees, then the claim will be struck out with effect from 20 July 2024 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred. (The trial fee is fee 2.1 in the current Civil Fees Order).

If your claim has been struck out, it will no longer exist. The hearing will be vacated, unless a counterclaim survives the claim being struck out. If, following strike out of the claim the claimant or defendant wishes to start fresh proceedings a new claim must be filed together with the appropriate fee or application for help with fees. Information and leaflets explaining more about how to pay a court fee or how to apply for a help with fees are available from the court office or online at: https://www.gov.uk/court-fees-what-they-are The trial fee is non refundable.

If parties settle before the trial fee is due, the trial fee will not be payable. If a consent order settling the matter is requested after the trial fee has been paid, the consent order fee will still be payable. Please note, unless you apply for help with fees, there will be no further correspondence from the court office regarding payment of the fee or warnings as to the consequences of non payment.

Coupon-mad

Upon the Defendant complying with the Order of xxx dated xx May 2024 by filing a Defence dated xx May 2024 albeit two days out of time (the Defendant's concern about the absence of Particulars of Claim are misguided as the Particulars of Claim are included on the face of the claim form) - to the extent that it is necessary relief is given to the Defendant. 

So the clueless Judge said the above, EVEN THOUGH YOU'VE NEVER SEEN THE CLAIM FORM, which she knows...?!

tunm153

Gladstones have sent me and the court the witness statement as requested by the letter, I'm not sure if they've filed the application though. Which witness statement and 'documents' do I need to send to the court and claimant? Have I not done this already, or is this a new one I need to create? 

tunm153

Coupon-mad said:

Upon the Defendant complying with the Order of xxx dated xx May 2024 by filing a Defence dated xx May 2024 albeit two days out of time (the Defendant's concern about the absence of Particulars of Claim are misguided as the Particulars of Claim are included on the face of the claim form) - to the extent that it is necessary relief is given to the Defendant. 

So the clueless Judge said the above, EVEN THOUGH YOU'VE NEVER SEEN THE CLAIM FORM, which she knows...?!

Hey coupon, any ideas on the below request? thanks.

The parties must send copies of their witness statements and documents to the Court and each other no later than 28 days before the final hearing. This includes the witness statements of the parties themselves as well as any other witnesses. Warning: If you do not comply with this order then the Judge may refuse to allow you or your witnesses to give evidence and may refuse to consider your documents.
 Additional Directions in a contractual claim for breach of parking terms. Additional Directions: The evidence which the Claimant must file at court and send to the Defendant must include:

tunm153

Coupon-mad said:

Upon the Defendant complying with the Order of xxx dated xx May 2024 by filing a Defence dated xx May 2024 albeit two days out of time (the Defendant's concern about the absence of Particulars of Claim are misguided as the Particulars of Claim are included on the face of the claim form) - to the extent that it is necessary relief is given to the Defendant. 

So the clueless Judge said the above, EVEN THOUGH YOU'VE NEVER SEEN THE CLAIM FORM, which she knows...?!

Gladstones witness statement say's they weren't ordered to send me a Particulars of claim, but did send me a witness statement which allowed me to 'understand the case fully'.

Coupon-mad

No it's not the WS you did before.

It's the 'usual' (not CCJ set aside) WS and evidence against the allegations in the claim. As explained in the second post of the NEWBIES FAQS thread for any defended case.  I even provide an a-f list of evidence people should append to their WS.

What's your deadline again?

Show us your draft.