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  • FIRST POST
    • bobby_davro
    • By bobby_davro 13th Jun 19, 11:58 AM
    • 9Posts
    • 2Thanks
    bobby_davro
    County Court Case reopened - Gladstones
    • #1
    • 13th Jun 19, 11:58 AM
    County Court Case reopened - Gladstones 13th Jun 19 at 11:58 AM
    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?
Page 1
    • Quentin
    • By Quentin 13th Jun 19, 12:02 PM
    • 40,488 Posts
    • 24,533 Thanks
    Quentin
    • #2
    • 13th Jun 19, 12:02 PM
    • #2
    • 13th Jun 19, 12:02 PM
    See the newbies faq #2 for advice on how to set about preparing for the hearing
    • bobby_davro
    • By bobby_davro 13th Jun 19, 12:03 PM
    • 9 Posts
    • 2 Thanks
    bobby_davro
    • #3
    • 13th Jun 19, 12:03 PM
    • #3
    • 13th Jun 19, 12:03 PM
    I can't appeal against them reopening the case then?
    • Quentin
    • By Quentin 13th Jun 19, 12:08 PM
    • 40,488 Posts
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    Quentin
    • #4
    • 13th Jun 19, 12:08 PM
    • #4
    • 13th Jun 19, 12:08 PM
    Yes if you want to

    A set aside application fee would be payable (255)
    • bobby_davro
    • By bobby_davro 13th Jun 19, 12:12 PM
    • 9 Posts
    • 2 Thanks
    bobby_davro
    • #5
    • 13th Jun 19, 12:12 PM
    • #5
    • 13th Jun 19, 12:12 PM
    Wow, that's pricey. So I might as well see it through.
    • The Deep
    • By The Deep 13th Jun 19, 12:19 PM
    • 15,203 Posts
    • 15,864 Thanks
    The Deep
    • #6
    • 13th Jun 19, 12:19 PM
    • #6
    • 13th Jun 19, 12:19 PM
    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
    • By bobby_davro 13th Jun 19, 12:41 PM
    • 9 Posts
    • 2 Thanks
    bobby_davro
    • #7
    • 13th Jun 19, 12:41 PM
    • #7
    • 13th Jun 19, 12:41 PM
    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
    • By DoaM 13th Jun 19, 12:46 PM
    • 7,922 Posts
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    DoaM
    • #8
    • 13th Jun 19, 12:46 PM
    • #8
    • 13th Jun 19, 12:46 PM
    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?
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Quentin
    • By Quentin 13th Jun 19, 12:55 PM
    • 40,488 Posts
    • 24,533 Thanks
    Quentin
    • #9
    • 13th Jun 19, 12:55 PM
    • #9
    • 13th Jun 19, 12:55 PM
    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?
    Originally posted by bobby_davro
    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
    • By bobby_davro 13th Jun 19, 5:47 PM
    • 9 Posts
    • 2 Thanks
    bobby_davro
    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
    • By Coupon-mad 14th Jun 19, 12:15 AM
    • 76,496 Posts
    • 89,855 Thanks
    Coupon-mad
    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.
    Last edited by Coupon-mad; 14-06-2019 at 12:22 AM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • bobby_davro
    • By bobby_davro 14th Jun 19, 6:11 AM
    • 9 Posts
    • 2 Thanks
    bobby_davro
    Yeah I just filed the defence statement and hoped they wouldn't turn up and they didn't and it would be the end of the matter.

    I will do what you say

    "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)."

    Thanks
    • nosferatu1001
    • By nosferatu1001 14th Jun 19, 7:54 AM
    • 5,679 Posts
    • 7,253 Thanks
    nosferatu1001
    Yes, but they told the court they wouldnt attend. Im guessing you didnt. You were lucky the court didnt find against you AND grant costs for your unreasonable behaviour.
    • The Deep
    • By The Deep 14th Jun 19, 8:43 AM
    • 15,203 Posts
    • 15,864 Thanks
    The Deep
    I am totally confused, I'm out.
    You never know how far you can go until you go too far.
    • waamo
    • By waamo 14th Jun 19, 9:03 AM
    • 7,882 Posts
    • 10,749 Thanks
    waamo
    My best guess: The claimant asked for a hearing on papers as they usually do. Judge doesn't get the memo and dismisses case on the basis the claimant hasn't turned up.

    Claimant realises what has happened and complains to the court. Court realises what has happened and takes action to rectify their mistake.

    Claimant now has all their ducks in a row whereas the defendant is only half dressed for the shooting party.
    This space for hire.
    • bobby_davro
    • By bobby_davro 15th Jun 19, 9:54 AM
    • 9 Posts
    • 2 Thanks
    bobby_davro
    Yeah that sounds about right. Preparing all the stuff this weekend.
    • Coupon-mad
    • By Coupon-mad 15th Jun 19, 1:00 PM
    • 76,496 Posts
    • 89,855 Thanks
    Coupon-mad
    OK but the only stuff you need is the reply to vary the order, because if the Judge doesn't give you a new date and chance to file & serve the WS & evidence you SHOULD HAVE DONE ALL ALONG, then you are likely doomed.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • bobby_davro
    • By bobby_davro 17th Jun 19, 1:29 PM
    • 9 Posts
    • 2 Thanks
    bobby_davro
    I've posted the variation letter asking for to be allowed to submit the witness letter. Fingers crossed.
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