Urgent Help re Set Aside Hearing in 8 days time via telephone - Private Parking

[mystery1]

Thanks M1 - are you back or one-off post?

That case wasn't actually the one I was thinking of, it was Collier v Williams [2006] EWCA Civ 20.



Also another useful and more recent case is Idemia France SAS v Decatur Europe [2019] EWHC 946 (Comm).

One off really.

The way i dealt with parking stuff was too time consuming and with nobody else really helping i couldn't skip in and out with feeling like folk would be forgotten.

M1

[thedefendant]

Good afternoon guys,

just a quick follow up here, looking to move things forward and wanted to get an idea of how these things usually progress.

It's been almost two weeks since the mandatory set aside was ordered.

As of yet, no correspondence has been received in the post whatsoever.

My inclination is to contact the court as I am assuming they would have posted something by now.

Secondly, nothing from the claimant or representatives, notably absent is a cheque for £255!

The order was for them to file a defence within 14 days, having done a bit of reading, it looks like even if they do not meet this deadline, then they may have some leeway with good reason for this.

Am I right to sit it out for another few days until 14 days has been surpassed?

[thedefendant]

Correction, they are to file proceedings rather than a defence

[R0b]

If it has been 2 weeks then you should call the court and ask them to confirm if the order has been drawn up and if not, how long can you expect because it's been two weeks and you are looking to enforce payment since the Claimant has not paid the costs ordered by the judge. Whilst on the phone to the court you could ask if the Claimant has filed a fresh Claim Form as required by the judge.

Unless a judge specifically stated when payment is to be made, the usual rule is that payment to be made within 14 days from the date of the order given (not when it was drafted and issued). You could write to them and say that the court had ordered payment of your costs assessed at £255, it has been 14 days since the order and nothing has been received, so you consider them in breach of the court order. IF they haven't filed a new claim form, you could also mention this and say that they are also in breach. Give them 7 days to comply with payment and to file a new claim form (or invite them to discontinue) otherwise you will look to make a further application to strike out the claim with a further costs order against them.

Or you can sit and wait around for the Court Order, but you'll still need to go through the same process when you do.

[thedefendant]

Excellent, thank you for the post, as of yet we are approaching 3 weeks, I have tried to make contact with the court, however they have not been accepting such calls, referring me to emails, which i sent last week. I will follow up again tomorrow via phone.

[thedefendant]

Still no luck getting through via the phone line, guess I'll have to try daily.*

Supposing there's no Draft order, Claim filed,or costs received as ordered, do you suggest I still file a defence with the caveat being this can be amended upon claim actually filed?

[thedefendant]

Ok, have spoken to the business centre, as the County court are simply not answering phones having been hanging on for hours every day.

The business centre seem to think I need to file the defence to the claim rather than wait, and the deadline is the 4th. Crazy as I do not even have the full facts of the case, however the last thing I want is another Judgement by default and go through this again.