Post CCJ set aside - final hearing preparation

Mega_Maniac

So the judgement for this has come back today. It has basically found that I am responsible for the £100 fine, but that the C is responsible for my set aside costs due to the time it took them to issue proceedings. So they are to pay me the £275 fee, so when all is said and done they now owe me £175.

What is strange/frustrating is that in this judgement the Judge has said that I didn't file any written evidence "despite two opportunities to do so" - but this is not true, as I emailed my defence twice, both time receiving the (automated) response from the court. I did not also send them a paper copy, which I guess has cost me here.

Even if I had a desire (I don't really) to try to query why they did not receive my evidence, there appears to be no method to do so? 

Should I contact SIP to give them my bank details for the payment they owe me?

Coupon-mad

Mega_Maniac said:

So the judgement for this has come back today. It has basically found that I am responsible for the £100 fine, but that the C is responsible for my set aside costs due to the time it took them to issue proceedings. So they are to pay me the £275 fee, so when all is said and done they now owe me £175.

What is strange/frustrating is that in this judgement the Judge has said that I didn't file any written evidence "despite two opportunities to do so" - but this is not true, as I emailed my defence twice, both time receiving the (automated) response from the court. I did not also send them a paper copy, which I guess has cost me here.

Even if I had a desire (I don't really) to try to query why they did not receive my evidence, there appears to be no method to do so? 

Not bad at all!

Good old DJ Iyer issuing this on April Fool's Day.  He is a thorough judge and we hear he trains other UK judges on parking cases.

He's an expert in this field...

...and yet again he has given us a reasoned, written order relying upon ParkingEye v Somerfield (High Court stage, later ratified by the Court of Appeal) to disallow any fake 'fees'.

MHCLG lawyers should follow this rationale.

By the way, a defence isn't 'evidence'. He means that you never sent a (second, separate from the CCJ set aside) Witness Statement & evidence against your liability for the actual PCN. I mentioned that (below). Did you not do this in the end? It needed an evidence bundle and a costs assessment (DJ Iyer says there was neither). Never mind, but this is why you didn't get any other costs and why he only had their evidence to go on:

Mega_Maniac said: Costs were 'reserved' from the first trial. 

Coupon-mad said: Add mention of that fact to your WS at the end AND in the covering email AND in your costs assessment, to be sure you get those application and attendance costs even if the 'outrageous scammers' (MP's phrase) discontinue the claim.

Background, if anyone wonders:

Here's the previous order - this was a paper hearing where the OP was given no choice:

Mega_Maniac said:

Should I contact SIP to give them my bank details for the payment they owe me?

Yes but I thought your set aside fee was £303? If so, you could ask DJ Iyer to correct that under the 'slip rule' (but you might be content that it's over and the bad guys paid the vast majority, ... I get that!).

Not terrible (£100 was the PCN sum and it's quite right that they should pay your first application costs).

I know you said you would be happy for this to "all be done with regardless of how it turns out."

CCJ gone. Finally all over.

Mega_Maniac

I did a second WS with evidence after my initial CCJ set aside. 

I then sent this same WS and evidence again after receiving the paper trial date. 

I included the following line in my covering email to note costs: 

"Please also note for the attention of District Judge Iyer that Deputy District Judge Huxley (dated 3rd October 202) reserved costs of £303 incurred in filing the N244 Application to set the judgement aside until the final hearing on "

I have no real desire to bother with getting the costs updated in any way for the additional £28 or so, as I'm happy for it all to be done with. It is obviously frustrating that my WS and evidence seem to have been missed after the time I put into them, but it is not something worth worrying about further.