I'm helping someone with a private parking pcn court claim.
He filed a defence plus a Part 20 claim (counterclaim).
Some time (several weeks) afterwards I asked him to check, on MCOL, the 'current' status of the claim/counterclaim.
He found that the counter had been struck out. Neither he, or the original claimant parking company had been advised of this.
In fact, in their subsequent witness statement, the claimant is still referring to the counter, rebutting it. (The claim has been allocated to SCT & venue).
It appears that the counter has been struck out for non payment of the issue fee, despite the fact that the 'then' court (Northampton CCBC) has never asked for the fee.
On informing the allocated court of these facts, they (court admin) are advising that the strike out has to be applied for (N244) and the application fee is paid (£275 without consent).
My feeling, with ref to CPR 3.7A1, is that the court is at fault & should set aside at no cost.
Tbh, if the fee has to be paid, it will not be worth trying to counterclaim.
Any thoughts would be greatly appreciated
He filed a defence plus a Part 20 claim (counterclaim).
Some time (several weeks) afterwards I asked him to check, on MCOL, the 'current' status of the claim/counterclaim.
He found that the counter had been struck out. Neither he, or the original claimant parking company had been advised of this.
In fact, in their subsequent witness statement, the claimant is still referring to the counter, rebutting it. (The claim has been allocated to SCT & venue).
It appears that the counter has been struck out for non payment of the issue fee, despite the fact that the 'then' court (Northampton CCBC) has never asked for the fee.
On informing the allocated court of these facts, they (court admin) are advising that the strike out has to be applied for (N244) and the application fee is paid (£275 without consent).
My feeling, with ref to CPR 3.7A1, is that the court is at fault & should set aside at no cost.
Tbh, if the fee has to be paid, it will not be worth trying to counterclaim.
Any thoughts would be greatly appreciated
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