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#Post#: 59903--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: February 27, 2025, 12:34 pm
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--- Quote ---
> How long before the hearing date is the claimant ordered to
pay the ring fee?
--- End Quote ---
The trial date is 30 April 2025.
Claimant has to pay the hearing fee by 2 April 2025.
Witness statement has to be in by 4pm on 24 March 2025.
#Post#: 59904--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: February 27, 2025, 12:35 pm
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Please show us the order then.
#Post#: 59937--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: February 28, 2025, 2:54 am
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I've not included pages that have standard text.
Notice of Allocation
HTML https://imgur.com/DKgY7Iv
Notice of Trial Date
HTML https://imgur.com/AyaenvT
#Post#: 59939--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: February 28, 2025, 3:32 am
---------------------------------------------------------
Good job you showed it. The DDJ has erred in their order because
they’ve ordered the claimant to submit further evidence (PoC in
effect) but not ordered you to submit an amended defence.
I will get back to you on how to deal with this irregularity.
Did you counter claim?
#Post#: 59950--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: February 28, 2025, 5:05 am
---------------------------------------------------------
--- Quote ---
> Did you counter claim?
--- End Quote ---
No. I've only been following instructions here and I don't
recall that being mentioned.
Perhaps I missed it 😬
#Post#: 59955--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: February 28, 2025, 5:17 am
---------------------------------------------------------
No, it's not a problem. It's just a bit unusual that the judge
would order the claimant to send evidence that was not included
in the PoC and not give the defendant an opportunity to amend
their defence because of this new evidence that should have been
in the PoC in the first place.
I doubt that the claimant will provide the required evidence
because they are going to discontinue anyway. I'm just checking
with the courts to see how this irregularity should be best
handled.
#Post#: 59977--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: February 28, 2025, 8:31 am
---------------------------------------------------------
Send the following in an email to the court at
civilenquiries.coventry.countycourt@justice.gov.uk and CC in
info@dcblegal.co.uk and yourself. This is urgent so mark the
subject as "URGENT: Procedural Unfairness – Claim No.: [claim
number]".
--- Quote ---
> [Your Name]
> [Your Address]
> [Your Email]
> [Your Phone Number]
>
> [Date]
>
> The Court Manager
> Coventry Combined Court Centre
> 140 Much Park Street
> Coventry
> CV1 2SN
>
> By email to:
civilenquiries.coventry.countycourt@justice.gov.uk
> CC: info@dcblegal.co.uk
>
> Claim Number: [Claim Number]
> Claimant: UK Parking Control Ltd
> Defendant: [Defendant’s Name]
>
> URGENT: Procedural Unfairness – Request for Reconsideration of
the Order Dated 21 February 2025
>
> Dear Sirs,
>
> I am the Defendant in this matter, and I write regarding the
Order made on 21 February 2025 by DDJ Vickers, which lists the
trial for 24 March 2025 and directs both parties to file and
serve evidence by the same deadline.
>
> I respectfully submit that this Order is procedurally unfair,
wrong and prejudicial to my ability to defend myself at trial.
If the situation remains unchanged, I will be severely
disadvantaged and unable to defend myself despite having filed a
proper Defence.
>
> 1. Why the Order is wrong and Procedurally Unfair
>
> In my Defence, I clearly stated that I was unable to respond
properly to the Claimant’s claim for no fewer than eight
separate reasons, due to deficiencies in the Particulars of
Claim (PoC). To rectify this, I attached to my Defence a draft
order requesting the Court to require the Claimant to file
properly particularised PoC, after which I would be permitted to
file an amended Defence in response.
>
> However, instead of granting this order, the Court’s Order of
21 February 2025 has directed the Claimant to introduce these
missing details for the first time within its witness statement.
This is procedurally irregular because:
>
> [indent]• I am not given an opportunity to amend my Defence
once the missing details are provided.
>
> • I am required to file my witness evidence at the same time
as the Claimant, meaning I have no opportunity to respond to
their new evidence.
>
> • As things stand, I will be denied a fair trial because I
have not been able to properly defend myself due to the
Claimant’s failure to plead its case in compliance with CPR
16.4.[/indent]
>
> This is not only unfair but contrary to the Overriding
Objective (CPR 1.1), which requires cases to be dealt with
fairly, justly, and with both parties on an equal footing.
>
> 2. What I Request the Court to Do
>
> I respectfully request the Court to set aside the Order of 21
February 2025 in its entirety, as it is procedurally unjust.
>
> I further request the Court to instead make the order I
originally attached to my Defence, which would require the
Claimant to:
>
> [indent]1. File and serve properly particularised PoC that
comply with CPR 16.4.
>
> 2. Permit me, as the Defendant, to file and serve an amended
Defence in response to the properly pleaded claim.
> This ensures that I have a fair opportunity to defend myself
properly and on equal footing with the Claimant.[/indent]
>
> 3. Why I Am Not Filing a Formal Application
>
> Under normal circumstances, I would make a formal application
using Form N244. However, this would require a £303 application
fee, which is disproportionate and unfair in a Small Claims
Track case, where costs are generally unrecoverable.
>
> As the claim is for a sum far lower than £303, requiring me to
pay this fee would be wholly unreasonable and contrary to the
Overriding Objective (CPR 1.1). The Court is empowered to vary
its own order under CPR 3.3(1) and should consider doing so in
the interests of justice, without requiring an unnecessary
application fee.
>
> 4. Urgency of the Matter
>
> Given that the hearing is listed for 24 March 2025, I
respectfully request the Court to respond within seven days to
allow sufficient time for procedural fairness to be restored.
>
> In accordance with CPR 39.8, I have copied this letter to the
Claimant’s solicitors.
>
> I appreciate the Court’s consideration of this urgent matter
and look forward to your response.
>
> Yours faithfully,
>
> [Your Name]
> Defendant (Litigant in Person)
--- End Quote ---
#Post#: 60071--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: March 1, 2025, 2:26 am
---------------------------------------------------------
Amazing. Thank you b789 🙏💚
Only note is that the hearing is listed for 30 April. The WS and
evidence has to be in by 24 March.
The Notice of Allocation says, "The parties must send copies of
their witness statements and documents to the Court AND EACH
OTHER no later than 4pm on 24 March 2025." (emphasis mine)
Does this mean we have enough time to respond, given the fact
they have to pay the £27 court trial fee by 2 April and I assume
that's the point by which they bail out?
#Post#: 60092--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: b789
Date: March 1, 2025, 8:32 am
---------------------------------------------------------
This DDJ has basically caused problems because it is not usually
the case that witness statements have to be submitted so far in
advance of the hearing. Normally, they are expected to be sent
no later than 14 days before the hearing date, which means that
the hearing fee is due at least a fortnight before the
statements. As they normally discontinue just before the hearing
fee is due, there is no need to waste time on a WS.
Hopefully the letter will get the order set aside and a new
order will be issued. However, even if nothing else happens, you
have over three weeks to submit a WS. Plenty of time to prepare.
#Post#: 60462--------------------------------------------------
Re: UKPC PCN - No Payment - Lower Precinct Shopping Centre,
Coventry
DIR By: _wooky_
Date: March 4, 2025, 2:12 am
---------------------------------------------------------
I've slightly amended (underlined below) your excellent email
b789, in light of the precise dates...
--- Quote ---
> I am the Defendant in this matter, and I write regarding the
Order made on 21 February 2025 by DDJ Vickers, which lists the
trial for 30 April 2025 and directs both parties to file and
serve evidence by 24 March 2025.
--- End Quote ---
and
--- Quote ---
>
> Given that witness statements are required to be submitted by
24 March 2025, I respectfully request the Court to respond
within seven days to allow sufficient time for procedural
fairness to be restored.
--- End Quote ---
That ok?
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