Getting small claims case struck out

[bigkenny1975]

Civil Enforcement Ltd made a claim against me for an unpaid parking charge. I submitted my defence which includes a statement from the landowner saying that they would have cancelled the charges but were told by the parking company that they could not as it was 'with their legal department'. Civil Enforcement had until today to respond to my defence but they have not, and as such the case will be stayed. I would like to apply to have the case stuck out. My reasoning is that I provided Civil Enforcement Ltd with the correspondence from the landowner stating they would have cancelled the charge and as such they had no reasonable reason to bring the claim. I also believe that they have been using the court procedures to try to harass and scare me into paying a smaller amount when they know that they are not entitled to it.

Do you think that I have an argument to get this case struck out and if so how do I ask the court to do it?

[bigkenny1975]

I posted this in the wrong section, how do I move it?

[echat11]

Hi BIGKENNY1975

ostell Can you please take a look and advise, thank you.

[ostell]

They don't have to respond to your defence

[bigkenny1975]

They don't have to respond to your defence

Sorry, I meant that with 28 days of receiving my defence they had to inform the court if they wished to proceed. They have not contacted the court to say that they do wish to proceed as I can see the status on the Money Claim Online site.

[ostell]

Yes you can ask to get the case struck out but it will be at a cost