Set aside and re hearing

[D87heaven]

I had a judgement go against me even though I had a letter from hmcts stating it was struck out due to the claimant not paying his hearing fee. The hearing g went ahead without me.

I filed an appeal asking it be struck out as the claimant hadn't paid the fee on time and it shouldn't have proceeded.

The judgement today was to set it aside and have a new hearing as although the claimant had paid late it wasn't fair on him to not have a new hearing as it was only a few days late.

Can I ask at the new hearing that the claim should be struck out pursuant to cps rules?

[echat11]

You can ask, but it's unlikely that it will be 'struck out', the Rules morph into 'Guidelines' when it suits the court.
What you can do is, for their conduct to be to be considered 'as to costs' against you.

[D87heaven]

What's the point in having rules if they aren't abided by? Perhaps I'll try that with my next speeding fine