The PPC didn't pay the court fees before the deadline

Knowledge2Action

A notorious PPC didn't pay the trial fees before the deadline (4pm 5 Jan), as set by the court, and they called the court 2 days later (7 Jan), asking to make the payment. Will the court allow this to happen and continue to have a hearing? Is the court so relaxed on their own rule? Because on the official court letter about the hearing, it says: 

"Unless the claimant does by 4pm on the 5 January 2025 pay to the court the trial fee of £35 ......, then the claim will be struck out with effect from 5 January 2025 without further order ......
The hearing of the claim will take place at ......"

There's also a deadline to submit the witness statement: 4pm 7 Jan, and this notorious PPC sent a witness statement with a pack of documents to the court and the defendant just 30 minutes before the deadline time, leaving the defendant no time to read and respond to it.

These guys at PPCs are clearly a bunch of thugs, never seen this phenomenon in other countries, a great disgrace to Great Britain.

ChirpyChicken

As its the small claims track then yes quite possible as not a big issue.

Knowledge2Action

Can we write to the court to confirm their set rules? The court rule should be serious, how can they allow the PPC who violated the rule to still go ahead?

ChirpyChicken

There is leeway on this track.

Coupon-mad

Except it is an 'Unless' Order.  There shouldn't be wriggle room in theory but but we know courts bend over backwards to enable Claimants on this track.

The Defendant should send their WS and evidence THIS WEEK and say the Claimant is in breach of the Unless Order which required the hearing fee to be paid by 5th, and they have not applied for relief from sanctions either.

So the Defendant understood from the Unless Order that the claim stands struck out by order of the Judge as of 5th January and the hearing is presumably vacated.

However because the court staff have been unable to clarify for sure, please find attached my Witness Statement and exhibits and my costs assessment, in case somehow the struck out claim has been reinstated against the terms of the Unless Order. 

Please reply by return email to confirm that the claim was struck out as per the Judge's Order.

Knowledge2Action

For your reference, just noticed there's a separate paragraph with all words in bold on the same court letter:

Warning: You must comply with the terms imposed upon you by this order: otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal application to the court before any deadline imposed upon you expires.

Does this mean the case should be struck out given the claimant didn't comply with the terms of this order?

Johnersh

A notorious PPC didn't pay the trial fees before the deadline (4pm 5 Jan), as set by the court, and they called the court 2 days later (7 Jan), asking to make the payment.

How do we know this is what went down?

It's an unless order with immediate effect. If C wants to try and remain in play, strictly speaking it's an application and the Denton criteria. 

On the SCT there is less rigid insistence on the CPR, so they may be forgiven.  Given that they are the professionally represented party (I use that term loosely) this shouldn't be tolerated. Generally, it's the unrepresented party who should be cut the slack.

As @Coupon-mad suggests a letter seeking directions from the judge as to whether it's going ahead may be a decent course, given the immediate strike out provision, whilst flagging the breach of the unless order.

Knowledge2Action

Coupon-mad said:

Except it is an 'Unless' Order.  There shouldn't be wriggle room in theory but but we know courts bend over backwards to enable Claimants on this track.

The Defendant should send their WS and evidence THIS WEEK and say the Claimant is in breach of the Unless Order which required the hearing fee to be paid by 5th, and they have not applied for relief from sanctions either.

So the Defendant understood from the Unless Order that the claim stands struck out by order of the Judge as of 5th January and the hearing is presumably vacated.

However because the court staff have been unable to clarify for sure, please find attached my Witness Statement and exhibits and my costs assessment, in case somehow the struck out claim has been reinstated against the terms of the Unless Order. 

Please reply by return email to confirm that the claim was struck out as per the Judge's Order.

Thanks very much for your guidance! Sorry I didn't make it clear enough: I've already sent the defendant's witness statement just right before the deadline, because I had prepared it just in case these thugs make an unexpected hit! And it did happen!

But I still wish the claim could be struck out, just as the order letter had stated unambiguously. So now what should I write to the court to ask them to stick to the rules they've set themselves, even I have submitted the WS in time?

Knowledge2Action

Johnersh said:

A notorious PPC didn't pay the trial fees before the deadline (4pm 5 Jan), as set by the court, and they called the court 2 days later (7 Jan), asking to make the payment.

How do we know this is what went down?

......

The court staff member checked their record and confirmed this.

Coupon-mad

Knowledge2Action 

Another thread like yours has come in today:

https://forums.moneysavingexpert.com/discussion/6581180/dcb-legal-trying-to-reinstate-my-case

You didn't mention that DCB has made an application in you case?  Or have they in fact asked you to consent to their application (DON'T).

Show us a redacted pic of their letters and emails so we understand how you know what they did wrong.

Knowledge2Action

Coupon-mad said:

You didn't mention that DCB has made an application in you case?  Or have they in fact asked you to consent to their application (DON'T).

Show us a redacted pic of their letters and emails so we understand how you know what they did wrong.

No, there's no external agent involved, only the PPC, who is dealing with the case on their own. And no application was made. They simply missed the deadline to pay, and two days later called the court to ask to pay, while the case still hasn't been struck out on the record. I know what happened because the court staff member checked their system record and informed this.