PCN (CEL) Small Claims Hearing Claimant Has Not Paid Court Fee But Claim Not Struck Out

Sillyminkey12

Hello all,

Last year I managed to get a CCJ removed when I attended court to challenge a PCN issued by CEL. The new claim about parking is due to be heard on 27 April. I just called the central Court Office phone line. They told me that CEO have not paid the fee which was due by the 30th of March. However, the claim has not been struck out by the local Court.

I submitted all the documents over a year ago and haven’t received anything at all from CEL. I also agreed to mediation but haven’t had any response to that either.

Please may I have some advice on how to follow up with a local Court by email? Apparently, I can’t call them directly. Many thanks.

sheenas

I would simply email them with what you have said. I suspect they will withdraw the case last minute. The courts are usually very helpful.

Sillyminkey12

Sheenas, thanks very much. That’s really helpful. I will do that.

I guess I wondered if I should send something to make it really clear that I won’t be attending because CEL have breached the terms by not paying the fee,

Le_Kirk

Do you still have the Notice of Allocation? On that it would have stated that "unless the claimant does by DATE pay the fee, the case will be struck out" send that by email to the hearing court.

Sillyminkey12

Great idea. Will do that. Thank you. le-Kirk

Sillyminkey12

I finally heard by email today that the claim I was defending has been struck out. The case was due to be heard on Monday the 27th. I called the central court service twice in the run-up to this deadline to try and find out what was happening. Both times I was told that CEL had failed to pay the fee by the deadline of 30th of March but the claim had not been struck out by the court. I also emailed the local court twice to try and get them to clarify the position.

I’m very pleased that the case isn’t going ahead but frustrated because I’ve spent so much time preparing my defence including witness statement et cetera that I sent in almost a year ago. Plus all the time I’ve spent on the phone and writing emails.

Do you think it’s worth applying for my costs? I have a pretty important work event on the 27th which I would’ve had to miss and I had already organised emergency cover for that.

Do please let me know what you think and how to apply for costs.

Thank you

Gr1pr

Coupon-mad posted a week or two ago about emailing a costs request to the court, to a judge, and what the requirements are for claiming

Coupon-mad

There are two examples in the second post of the NEWBIES thread if you want to try.

Either way, well done! You won.

ANOTHER ONE BITES THE DUST!

🙂