IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

County Court Case reopened - Gladstones

Options
bobby_davro
bobby_davro Posts: 10 Forumite
First Anniversary
in Parking tickets, fines & parking
I received a crappy PCN from UK Car Parks nearly 2 years ago and it went to County Court Gladstones failed to appear for the hearing and I got a letter from the court the case was set aside, huge sigh of relief.

Now I have a letter from the Court saying that the setting aside has been set aside and there's a new hearing date in 3 months time. It says I have 7 days to apply for it to be set aside, varied or stayed against this, what should I do?
«1

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    Options
    See the newbies faq #2 for advice on how to set about preparing for the hearing
  • bobby_davro
    bobby_davro Posts: 10 Forumite
    First Anniversary
    Options
    I can't appeal against them reopening the case then?
  • Quentin
    Quentin Posts: 40,405 Forumite
    Options
    Yes if you want to

    A set aside application fee would be payable (£255)
  • bobby_davro
    bobby_davro Posts: 10 Forumite
    First Anniversary
    Options
    Wow, that's pricey. So I might as well see it through.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Options
    I got a letter from the court the case was set aside,

    Please can you/someone explain this.
    You never know how far you can go until you go too far.
  • bobby_davro
    bobby_davro Posts: 10 Forumite
    First Anniversary
    Options
    I don't have the letter as I threw it away as it seemed to indicate No Further Action as both parties failed to tun up.
  • DoaM
    DoaM Posts: 11,863 Forumite
    First Post First Anniversary Name Dropper Photogenic
    Options
    The case wasn't set-aside - it was dismissed. The set aside you've received is to reopen the claim, and you're being asked to respond to the set-aside request.

    On what basis is the set-aside being requested?
  • Quentin
    Quentin Posts: 40,405 Forumite
    Options
    bobby_davro wrote: »
    Now I have a letter from the Court saying that the setting aside has been set aside and there's a new hearing date in 3 months time. It says I have 7 days to apply for it to be set aside, varied or stayed against this, what should I do?

    Assuming you haven't thrown this one away, please tell us in more detail what it says ,(don't post anything to identify the case)
  • bobby_davro
    bobby_davro Posts: 10 Forumite
    First Anniversary
    Options
    Here's the letter:

    "Upon consideration of the Claimants email dated XX XXX XXXX and doing that the Claimant had appropriate notice under CPR 27.9 of non-attendance (inviting the court to take into account its witness statement at the hearing)

    The order dated XX XXX XX be and is hearby set aside."

    The email was sent 8 days after the first hearing date???
  • Coupon-mad
    Coupon-mad Posts: 131,747 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 14 June 2019 at 1:22AM
    Options
    Right, so you:

    - submitted a defence when you got the claim, then

    - submitted a Witness statement and evidence (of course) like Gladstones did?

    - went to the court hearing (of course)?

    ...or (dare I suggest, by reading between the lines of what you told us) did you submit a defence then hope that was it, and are now left with NO WS and evidence in play because you didn't file anything after the defence?
    "Upon consideration of the Claimants email dated XX XXX XXXX and doing that the Claimant had appropriate notice under CPR 27.9 of non-attendance (inviting the court to take into account its witness statement at the hearing)

    The order dated XX XXX XX be and is hereby set aside."
    If I am right with my second scenario and you left yourself with no WS or evidence submtted at all, urgently reply to that Order well within the seven days (it costs you nothing) and:

    - ask that the order be varied, so that the Court now directs both parties to exchange their final witness statements and evidence that they intend to rely upon at the rearranged hearing by (date in August to be decided by the Judge).

    Also, send a SAR to UKCPM as you seem to have thrown everything away...

    You know what a SAR is, and what a WS and evidence needs to look like, from the NEWBIES thread post #2 all about court procedures.

    Hopefully you can rescue this, or hopefully I am wrong and you did file a WS & evidence.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.3K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 248K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards