CEL ANPR PCN PAPLOC now claimform - Morrisons, Butterfly Walk Car Park Denmark Hill Camberwell, London SE5 8RW***Claim Dismissed***

[honeybee13]

Thread reopened.

HB

[StoryBoard]

The MCOL website has an update.

Case Stayed on xx/05/2023 at xx:xx:xx

I assume this means my appeal to the rejection of my defence was accepted and they can not issue any CCJ on me.

Do I just now wait for a follow up action or should I now be actioning in preparation. How do I get this closed down fully?

 

[dx100uk]

mcol doesnt usual state a claim is stayed AFAIK. unless its as a result of an n244 ?

is that a copy and paste from the claim history page on mcol?

 

dx

 

 

[StoryBoard]

Apologies I thought I'd replied to this at the time but it clearly hadn't come through. 

Yes, it is a copy and paste from the MCOL website. Last three notes are:

Defence was struck out on xx/02/2023

Your defence was rejected on xx/02/2023

Case Stayed on xx/05/2023 at xx:xx:xx

 

I assume my N224 submission was accepted but I've had no correspondence on this directly. What next?

[FTMDave]

I'm not 100% sure, as your case is atypical, but presumably if something had gone wrong and you'd ended up with a CCJ you would have been informed in February.  It's June now.

MCOL says the claim is stayed.  I'd let sleeping fleecers lie.

 

[AndyOrch]

It would appear the claimant has not requested judgment nor the court automatically given judgment given your defence was struck out....very unusual ? ring the court and inquire or as advised leave it alone.

 

Andy 

[StoryBoard]

Evening CAG

Received two letters from the court today. Both dated 8th June 2023. The relevant parts of each are attached.

Do I need to put any case forward within the 7 (now 6) days of the order?

Many thanks.

Notice of Transfer of Proceedings.pdf General Directions Order.pdf

[FTMDave]

Well that's good news - the court accepted your defence.

As always in these cases the case has been transferred to your local court.

Expect a DQ soon.

 

 

[dx100uk]

1 hour ago, StoryBoard said:

Do I need to put any case forward within the 7 (now 6) days of the order?

no ready it properly......

[StoryBoard]

Latest MCOL update notes:

Your defence was rejected on xx/02/2023

Case Stayed on xx/05/2023 at xx:xx:xx

Case Stay Lifted on xx/06/2023

You filed a DQ on xx/06/2023

Your claim was transferred to xxxxxxx on xx/06/2023

 

I didn't file any further DQ info recently so assume that this was my original in Feb which has been brought forward and input?

[dx100uk]

why do you keep doing xx??

dx

[Nicky Boy]

Because xxxxx is xxxxx and the other xxxx is so xxxx!

Okay x?

[brassnecked]

We need to see all date information.

[StoryBoard]

Hi All

I see there were some comments regarding myself redacting the dates, but I was under the impression from CAG that you should not disclose anything that would link you back to the claim. The dates are now listed below in full.

Case Stay Lifted on 08/06/2023

You filed a DQ on 08/06/2023

Your claim was transferred to DARTFORD on 08/06/2023

I have since received a Notice of Hearing letter dated 10th July 2023 in which it states:

TAKE NOTICE that the Hearing of the Defendants application to reinstate their defence will take place on 15 April 2024. 

Where you should attend

30 minutes has been allowed for the Hearing.

Your case involves some or all of the parties attending court.

You will need to send the judge an electronic bundle 3 days before the hearing via the court office.

___

This is nearly 3 years in the making so far....assume I will need to review this submission nearer the time rather than prepare anything now?

Thanks again all.

General Directions Order.pdf Notice of Transfer of Proceedings.pdf

[FTMDave]

TBH I can't work out what's happened here.

In your post 110 attachments (I think it's post 110, sometimes the post count goes wonky) it is stated that your defence has been reinstated.

Now you are supposed to go to a hearing which will decide if your defence will be reinstated or not.

At first sight the court has made a mistake.

You application was also for a decision without a hearing.

It's possible that the fleecers have objected, they have the right to as stated in your attachment, but it would seem unlikely.

See what the other regulars can make of this over the weekend.

 

[FTMDave]

Can you please upload this Notice of Hearing dated 10 July 2023?

We're trying to get to the bottom of what the heck is going on here.

[StoryBoard]

Thanks all. It did look unusual to me. Letter received.

 

 

 

Notice of Hearing 10 July 2023.pdf

[StoryBoard]

Good morning CAG. Is there any more information needing to be uploaded?

As I didn't request a hearing, do I now contact the court and enquire why this is planned? Many thanks.

[Nicky Boy]

We have discussed this behind the scenes and it doesn't appear to make sense.

So, yes, I think your best course of action is to contact the court and ask what's going on...

[FTMDave]

Sorry for the delay in coming back to you.

Please give us another 48 hours.

[FTMDave]

So - apparently the court can at any time of its own volition decide if a hearing is required and whether there are genuine grounds to reinstate the defence.

So you will have to attend the hearing and prepare documents as shown in the court order.

[StoryBoard]

Thank you. I've contacted the court via telephone stated on the paperwork and was subsequently asked to contact the court direct via email when they couldn't advise and resolve.

I've sent an email tonight and am waiting on their response but now expect the outcome you have mentioned.

I'll post up/confirm when received.

[StoryBoard]

Evening All

I received this reply from the Court via email today after chasing up a response again. The below was stated.

I expect I now need to write to the Court direct (which I thought I already had by doing this) requesting a decision without hearing? Please advise thoughts.

_________ Court response...4th September 23:

Dear Sir,

The Judge would make the decision as to whether or not they feel the matter should be dealt with on papers or whether it requires a face to face hearing. If you feel the matter should only be dealt with on paper then you should write to the court giving the reasons and we can refer the matter back to the Judge for their consideration.

Kind regards,

_____ My request...

The Court reply above was in response to my emailed request on 16th August 23:

Evening 

 

I received correspondence on the above claim number in which I received the following paperwork:

 

 

1. Notice of transfer of proceedings 8 June 2023

2. General directions order 8 June 2023

3. Notice of Hearing 10 July 2023

 

I contacted the telephone number as noted on the letter last week and following a discussion was requested to contact the court direct as they could not answer the question.

 

 

Question:

I feel on reflection there may be an error in the paperwork received and would welcome your review and response to this?

 

The DA that was issued specifically requested action without a hearing.

 

Can you advise why this is now identified as a face to face hearing?

 

How has this occurred and why? Can this therefore be amended.

 

Many thanks in advance for your assistance. Kind regards.

 

____

[FTMDave]

Your question to the court was completely wrong, so logically their reply makes no sense.

You need to point out to the court that your defence was originally rejected.  You applied to have it reinstated and on XXXXX DDJ Hovington of the CCBC reinstated it (attach paperwork).

You therefore do not understand, why, on 10 July 2023 the Dartford County Court fixed a hearing for 15 April 2024 to decide if the defence will be reinstated (attach paperwork).  You think the court may have made a mistake and would like clarification.  The CCBC has already reinstated the defence.

Your mail to the court mentioned absolutely nothing about the question of the reinstated defence so logically the court staff have misunderstood you.

BTW, on the 10 July 2023 court order the claim number, the fleecers' PCN number and your name are all easily legible because you haven't followed the simple upload guide and haven't redacted properly.  We are anon here.  Please sort this out otherwise we'll have to hide the post and half the information will be missing for people trying to help.

[StoryBoard]

Hi.

I hope this version is redacted properly. I'm not sure how you determine this but tried to follow the guidance given. If ok, can this be uploaded to post #120 and previous one removed. Thanks for the advice, again.

Notice of Hearing 10 July 2023.pdf