Tweet
Dear all,
This is a somewhat strange case. This claim for an unpaid PCN was originally set aside on the 26th June 2017. The Claimant had corresponded to an old address and a judgement was entered in default.
I was advised by the court order that should the Claimant wish to pursue the claim again, they would need to file their Amended Particulars of Claim by 10th July 2017, and on compliance I was to submit a defence by the 24th July 2017. Due to a delay in the court processing the paperwork, it appears the Claimant did not receive the Order of Judgement until the 11th July.
I did not hear anything further or receive an Amended Particulars of Claim until some six months later. The Claimant advised me in an email (and only whilst I was chasing them for the payment of the set aside fee) on the 5th January 2018 that they had sent a copy of the Amended Particulars of Claim as ordered on the 14th July 2017, by email and a further copy in the post on 17th July 2017. I did not receive any of these communications – they attached a copy of the email that they had sent in which my email address was incorrectly spelt. No hard copy was ever received and they did not respond to my request for proof of postage.
Due to this delay and a seemingly non-compliant Claimant, I did not submit my defence. Given the ambiguous and erroneous communications I had received from the Claimant and the extraordinary long delays in asking the court to provide an update, I’ve just let it lie and waited to hear from either the Claimant or the Court. Unfortunately, I received a second default judgement recently.
Is there a realistic chance to get this set aside again?
Many thanks in advance for any help.
This is a somewhat strange case. This claim for an unpaid PCN was originally set aside on the 26th June 2017. The Claimant had corresponded to an old address and a judgement was entered in default.
I was advised by the court order that should the Claimant wish to pursue the claim again, they would need to file their Amended Particulars of Claim by 10th July 2017, and on compliance I was to submit a defence by the 24th July 2017. Due to a delay in the court processing the paperwork, it appears the Claimant did not receive the Order of Judgement until the 11th July.
I did not hear anything further or receive an Amended Particulars of Claim until some six months later. The Claimant advised me in an email (and only whilst I was chasing them for the payment of the set aside fee) on the 5th January 2018 that they had sent a copy of the Amended Particulars of Claim as ordered on the 14th July 2017, by email and a further copy in the post on 17th July 2017. I did not receive any of these communications – they attached a copy of the email that they had sent in which my email address was incorrectly spelt. No hard copy was ever received and they did not respond to my request for proof of postage.
Due to this delay and a seemingly non-compliant Claimant, I did not submit my defence. Given the ambiguous and erroneous communications I had received from the Claimant and the extraordinary long delays in asking the court to provide an update, I’ve just let it lie and waited to hear from either the Claimant or the Court. Unfortunately, I received a second default judgement recently.
Is there a realistic chance to get this set aside again?
Many thanks in advance for any help.
