Parking Ticket CCJ set aside by Court but now parking company asking for £250 to settle claim

h2g2

Parkingfineextortion said:

Please can I ask you to explain why it is not okay for the Claimant to cc the offer that I made.  They did not do that, but why would it be an issue?

The court want people to settle out of court because the court is supposed to be a last resort. So they do not want to disincentivise offering settlements.

If the claimant were to be able to say "well, they must be liable for the £180, or otherwise they wouldn't have offered to settle for £75" it creates a massive incentive to never offer any settlement ever in case it gets taken as accepting liability.

Offering a settlement can be considered when considering unreasonable behaviour. If the judge says that you win the case the fact you offered £75 to make them go away can be considered when it comes to deciding whether or not to award your costs. 

Parkingfineextortion said:

Right, so they are allowed to proceed even if they miss a deadline, what is the point of the court issuing a deadline??! 

The deadline was to inform the court. Not to inform you. As long as they informed the court they intended to proceed by the deadline they met it. The fact they didn't inform you until the next working day does not necessarily mean they missed the deadline.

Parkingfineextortion

@h2g2
Great, thank you for clarifying those points.  

Parkingfineextortion

I have now received the following from the Courts.  Note UK PArking who did not bother to attend the hearing on 17th January, submitted that they were going to proceed with the claim on 21st January and wrote to the Court to let them know that but failed to copy me in.  Plus, this shows a clear intention to ignore the Court order which stated that we attend mediation. 
Please can anyone help with what I need to do next for this hearing. 

Coupon-mad

Send in your own DQ with unavailable dates, including discounting all possible holidays, busy weeks, baby due date weeks, kids half terms, celebrations, weddings, work conferences even if not booked yet.

Right through to November.

Parkingfineextortion

@Coupon-mad
Okay, why till November? 

Le_Kirk

Because that is how long it could take to get a court hearing date.

Parkingfineextortion

Please can any of you provide some advice again.

I have received both a notice of allocation to small claims track, and a notice of trial date in the same envelope, dated 2nd April, 7 days after the 26th March hearing when the judge set out a notice of allocation, and a request for set aside or otherwise within the 7 day period. Can I complain about this incorrect service again, from the Courts, as I have now been denied the opportunity to put in a N244 form.

Coupon-mad

What 26th March hearing?

This looks to be progressing normally after a CCJ set aside hearing (January?).

Parkingfineextortion

@Coupon-mad
Thanks but there appears to have been a judge hearing held on 26th MArch without either party present, but also this letter sets out a 30th April deadline, and yet I have received a notice of trial letter too before this deadline.  Is that normal?

Coupon-mad

That's not a hearing.

That's just a judge picking up the file in his/her daily boxwork to issue directions for the next stage.

It reads as a little muddled because they went ahead and listed a June(?) hearing anyway but the deadlines don't clash. First, you have to do what it says in April.

May as well do that email now and you could attach your costs assessment too, if your first judge reserved the costs (which I can't recall).

Then the hearing order will give the deadline for your WS & evidence against the PCN.