My CCJ was set aside. Have now received a Trial date for Sept. Please help me understand this situ

Bennyharvey

Had my hearing today and my claim was struck out.

I think I know the answer to this but does that mean it's all definitely over and I can finally relax? Will I receive confirmation in the post? 

Winning outright would have been the best outcome because I could have been awarded costs, but I am not complaining as I was eligible for HWF anyway.

I will write a court report later on 😊

Coupon-mad

Yay, yes it's over!

ANOTHER ONE BITES THE DUST!

Tell us more. 

Bennyharvey

Thank you!

My case was for the County Court of Bromley but was held as a 'blitz' case at the Royal Courts of Justice in Strand, central London. I enjoyed the gorgeous building! I arrived 90 minutes early as I was aware there could be queues and it's a large building. The queue wasn't too bad and the building was fine to navigate with lovely helpful staff. 

Mine was one of three cases to be seen by a judge who called in sick therefore I was advised early on that I would be seen by whichever Judge was to be available first. I was originally in the Queens Building and was then moved to a more formal wing with larger courtrooms and a far more formal feeling to it. Certainly an experience!

The Claimant didn't turn up, as expected, however no legal representative turned up. 

My new Judge didn't seem to take very long looking at my case which was initially concerning. Sadly I didn't catch his name, only the name of the Judge I was supposed to have originally. 

The Judge called me in and commented that "windscreen" does, in his opinion, mean specifically the front windscreen. I explained that to me it means the front or rear windscreen of a car (but I suspect this might be a me problem at this point! Or a regional difference) and I mentioned the section of my Witness Statement that discusses section 69 of the CRA.

From there he continued to look through his paperwork and he said that it was missing vital parts from the Claimant and he complained that "they didn't even bother to turn up" so he would strike out the case.

In hindsight, I should have asked about costs but I didn't because I was worried that I would have lost the case if it wasn't for the Claimant not turning up or submitting the correct paperwork. I wasn't asked if there was anything else and I was ushered to leave. HWF meant that I didn't pay the court fee. My expenses were travel, lost income and preparation time. I'm relieved and happy it's over and that I don't have to spend any more time on it, regardless of costs. 

I'm so grateful for this forum and the excellent free resource that it is. How do I help the cause from here? This forum has really helped me and I want to know what I can do other than writing to my MP.

I shouldn't be but I really was shocked at the number of parking companies on the courts lists for today. What a colossal waste of public money and court resources, particularly when the backlog is such that there is this 'County Court Blitz' in the RCJ. 

As distressing as this experience has been, I've learned a lot, and I'm happy with that silver lining. It was also a huge personal achievement for me to go alone to this and stand up for myself after a few years of intensely difficult personal circumstances. I'm proud of myself. 

Grizebeck

Yes lots of cases being heard at the RCJ whilst the courts are on holiday 

Johnersh

Well done.

The judges in the RCJ don't mess about. Not surprised it was quick. A no-show always makes it easier too.

Agree about the building. It's a lovely place to work.

Coupon-mad

How do I help the cause from here? This forum has really helped me and I want to know what I can do other than writing to my MP.

Thanks for asking. Please stick around on this forum and if you can, do two things:

1.  Please post on newbies threads where you feel you can help or just encourage them to fight back, not pay and trust in a Judge to decide. Your experience of court this week means you have valued knowledge;

2.  Look out for updates relating to progress of the new statutory Code of Practice, as I expect the new Government to want to do at least one final (fresh) Call for Evidence and/or Public Consultation.  Nothing will happen during conference season but after that I will be asking the MHCLG for an update on the next (final) stages that the new Minister with the 'parking portfolio' plans for the Code. 

Bennyharvey

I will do both of those things, thank you.