CLAIM DISMISSED - CLERKENWELL COURT 10.02.25

Car1980

skintbutwantstosave said:

Thanks, makes me feel a bit better, but just wanted to give feedback so others don't get caught out with "little facts" within their defence if they were to come across a similar judge.

It was floor 2, the one at the back cant remember the room, was just glad to get it over and done with being the last person there. 

Thanks for the heads up. Unfortunately coaching everybody into creating a bespoke defence would be an impossibility. People would just mess them up. It's the best way to do it considering 99% of them never get to a hearing.

skintbutwantstosave

Le_Kirk said:

skintbutwantstosave said:

How do i enforce it without it costing me money given that I'm only awarded £103. I think a charging order is £90 and other applications are considerably more. 
I just want to do it out of principle, given that they got a CCJ against me and demanded payment by email, yet sent correspondence to my old address.

If you have to use the courts to enforce the judgment, you add in any costs of that enforcement so you are NOT out of pocket.

Thanks for this. The order said they had to pay me by 24 Feb, I emailed gladstones to make payment by end of today - no monies received. Will include additional costs. 

skintbutwantstosave

ChirpyChicken said:

Coupon-mad said:

I've got the order but the contents relate to a different claim, but the judgement is correct.

What? They sent you the wrong Order?

That might mean there's no order been typed up for your case! Ring the court manager. Urgently.

Good luck with the centralised system
Even worse trying to email them

Ive emailed the court, phone lines take forever to answer. Will try again tomorrow.

AdamBliss

skintbutwantstosave said:

I attended the hearing today in person, Gladstones didnt bother to send anyone there and asked for the claim to be heard on the basis of their written evidence.

3. Claimant's Evidence
- The Claimant had to persuade the Judge on the balance of probabilities
-The Witness Statement did not address where the vehicle was parked, how long the vehicle was parked there, whether the vehicle was within the boundary of the parking arrangement
- Unclear from the Evidence where the areas were, what NPM could control
- Claimant provided two maps (1st statement with "landowner agreement" which was the parking agreement) and land registry title (supplementarystatement), she said neither maps showed anything and that they did not help

On this basis the Judge was not satisfied that the Claimant had proven their claim and that their claim was dismissed

4. Costs
- I made a request for costs, Judge adamant no costs to be awarded given that it is a small claims court
- I said putting aside the Defence that was struck out, the Claimant's claim was dismissed, therefore I would like costs to be awarded for waste of my time
- Judge asked what it was that I wanted to claim, I re-read the costs that I had requested from my witness statement, she said no time could be recovered for the Defence as it was struck out. 
- Judge awarded my travel expenses and 1 day's loss of earnings (maximum she could offer was £95) in the sum of £108.80 to be paid within 14 days of the order.

CLAIM DISMISSED.

Congrats on your win! 
I have a similar situation to you, had a CCJ to old address, set it aside, now amended claim sent, hearing next week, mine is Gladstones too

QrizB

@skintbutwantstosave did you get your £108 in the end?