Counterclaim strike out query.

[charitynjw]

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

[echat11]

I counter claimed, I'm fairly sure you get a letter to say you need to pay a fee. Maybe send a SAR to see if a letter was sent out.

This might be helpful (posted for info only) -

https://www.bindmans.com/knowledge-h...ght-court-fee/

[charitynjw]

I counter claimed, I'm fairly sure you get a letter to say you need to pay a fee. Maybe send a SAR to see if a letter was sent out.

This might be helpful (posted for info only) -

https://www.bindmans.com/knowledge-h...ght-court-fee/

Hi echat11

Thank you for the response & the link.....most informative.
More than ever, I reckon there has been a procedural error by the court.
I will check again with the person who I'm helping, but I'm confident that the court (Northampton CCBC) has never asked for the counterclaim issue fee.
Certainly, neither party has been informed of any strike out.

[echat11]

Hi echat11

Thank you for the response & the link.....most informative.
More than ever, I reckon there has been a procedural error by the court.
I will check again with the person who I'm helping, but I'm confident that the court (Northampton CCBC) has never asked for the counterclaim issue fee.
Certainly, neither party has been informed of any strike out.

Coincidentally I've got a Hearing soon, the Claimant failed to pay a application fee (as they won't be attending), I got copied in by the Court. It's a local court.

[charitynjw]

Coincidentally I've got a Hearing soon, the Claimant failed to pay a application fee (as they won't be attending), I got copied in by the Court. It's a local court.

Weird.
Normally, non payment of court fees is pretty much an automatic death blow nowadays.

[R0b]

CRP 3.7A is your reference.

Counterclaim fees are to be paid no later than the same time as the deadline for filing DQs (rules are slightly different for other tracks or higher courts). Failing to pay on time means CPR 3.7A is engaged, but note paragraphs (2) and (3) below:

(2) The court will serve a notice on the defendant requiring payment of the fee specified in the Fees Order 2008 if, at the time the fee is due, the defendant has not paid it or made an application for full or part remission.

(3) The notice will specify the date by which the defendant must pay the fee.

(4) If the defendant does not –

(a) pay the fee; or

(b) make an application for full or part remission of the fee,
by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.

If the court failed to follow the rules, I would be writing to the court and making sure the subject line is marked as urgent, explain the situation and ask for the matter to be reviewed by a judge. If they refuse then there are two possible options, sue the court based on the counterclaim or pay the application fee to have it reinstated which should not have any objection if the court has failed to do what it should have done and then either ask the judge to order the court to pay the fee for their negligence and that this is neither party's fault or apply the usual costs rules and the fees to be paid by the defendant.

[atticus]

Court fees are to be paid when filing a claim or counterclaim. Full stop.

The person you are assisting can try again.

[echat11]

Weird.
Normally, non payment of court fees is pretty much an automatic death blow nowadays.

There was a Hearing for March, the Claimant filled in a non attendance form, but paid no fee.

The Hearing got postponed until July (this time next week), they filed another non attendance form, they were reminded by the Court they need to pay a Court fee.

The Court Admin will then run it past the Judge and contact the Parties.

I'm doing my skeleton argument at the moment, on page 14.

[atticus]

If you are on page 14 it may be too long.

[echat11]

If you are on page 14 it may be too long.

I think the limit is 25 pages, I think that's stated in the CPR. I'll try to reduce it.

[charitynjw]

Court fees are to be paid when filing a claim or counterclaim. Full stop.

The person you are assisting can try again.

According to my understanding of the relevant CPRs, a Notice should be sent by the court to the counterclaimant.
This was not sent.