Author Topic: Euro Parking Services - County Court Claim  (Read 2564 times)

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Re: Euro Parking Services - County Court Claim
« Reply #30 on: »
Scratch that. Spoke to a more senior person on the listings team and he’s off to find a judge asap. He said it will most likely be vacated as I’ve clearly moved address but will call me back today or tomorrow to confirm. Watch this space!
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Re: Euro Parking Services - County Court Claim
« Reply #31 on: »
But was the email you were advised to send received? AN N244 application will cost money but it will be recoverable if successful.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Euro Parking Services - County Court Claim
« Reply #32 on: »
The guy called me back and was very helpful. He asked me to send an email copying in Gladstones and also his personal email. The judge asked him to get me to send the same email I sent a few days ago (as advised in prior post) but copy in Gladstones so the other side is made aware. He will take it to the judge and by tomorrow latest the hearing will be vacated
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Re: Euro Parking Services - County Court Claim
« Reply #33 on: »
Make sure you edit the date in the email as I erroneously put today's date for the hearing, not the 9th. Get it sent asap.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Euro Parking Services - County Court Claim
« Reply #34 on: »
Yep updated and sent!
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Re: Euro Parking Services - County Court Claim
« Reply #35 on: »
Confirmation from the court that the hearing is now vacated and rescheduled for 6th August. I spoke to the listing contact and stated that in any case I now live in Belfast and would not be able to attend any hearing in Manchester. He is going to speak to the judge and see if the hearing can be moved to Belfast however this would likely be under a different legal jurisdiction. Let me know what next likely steps would be from the claimant or anything I can do next?

Re: Euro Parking Services - County Court Claim
« Reply #36 on: »
The case can't simply be transferred to NI. It would have to be struck out and then claimant would have to decide whether they want to issue a new claim, out of jurisdiction. The court is unlikely to just do that because the claimant did not err, you did.

At this point, you have four main options:

1. Ask the court to strike out the claim without making a formal application. This can be done by sending another email to the court, pointing out that the PoC are defective and asking the judge to strike it out based on the defence and the case law already provided. This doesn’t cost anything, but the court might not act unless a formal application is made.

2. Prepare for the hearing on 6 August. You should check with the court whether you can attend remotely, since you now live in Northern Ireland. If the hearing goes ahead, you should prepare a short argument explaining why the claim should be struck out due to the poor PoC and the lack of proper notice.

3. File a formal application (N244) asking the court to strike out the claim. This costs £313 and would include a witness statement and a draft order. It forces the court to look at the issue, but it’s not cheap and might not be necessary if the court is already considering the problems with the claim. You can ask for the N244 fee back, but there’s a real risk the court won’t award it because of your failure to notify the court of the address/jurisdiction change.

4. Ask the court to confirm that the hearing will be held by video link. This can be done by email and doesn’t cost anything. It’s a practical step to make sure you can attend the hearing without needing to travel to Manchester.

The best course of action right now is to email the court again, asking for the claim to be struck out and for the hearing to be held remotely. If the court refuses to do either, then you can decide whether to go ahead with the hearing or file a formal application.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Euro Parking Services - County Court Claim
« Reply #37 on: »
Thanks. What is the likely total cost they will claim if they win? They are only claiming for £256 for the amount claimed, court fee and legal costs. Can they claim more than this? There wouldn’t be any point in paying for forms that cost more than the amount claimed.

Re: Euro Parking Services - County Court Claim
« Reply #38 on: »
It's in the small claims track so costs are fixed. They could only get more if you have acted unreasonably and it is a high bar for them to prove that. Whilst you failed to notify the court of the address change, it was an oversight rather than an unreasonable act, especially as you also notified the claimant.

The point is that if you were to apply for a strike out and you were successful, you would likely get that back. However, I have advised you to write an Emil to the court requesting the strike out without application because the claim is defective as stated in the defence.

You have a good contact at the court at the moment. Have that person put the email in front of a judge as they appear to have that kind of access. All you really want is a judge to look at the defective claim and rule that it is not valid and have it struck out.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Euro Parking Services - County Court Claim
« Reply #39 on: »
I emailed the court as per option 1 in reply #36 and asked them to strike it out but I received a reply stating:

“The court file and the email dated 9 July 2025 have been referred to Deputy District Judge Beaumaris, who comments as follows:-
“The case remains listed for an attended hearing on 6 August 2025”

This seems quite unfair considering I now live in Northern Ireland. I will email the court and request if I can join via video link, unless tjere is any other advice prior to the hearing?

Re: Euro Parking Services - County Court Claim
« Reply #40 on: »
Unfortunately, because you failed to notify the court of the arrest/jurisdiction change when you moved, before allocation, you are now required to respond to the claim wherever it is being held. I did ask a judge friend and gave him details bout this case and his response was:

Quote
It is still a viable case. It doesn’t depend on where the defendant lives. He could live in Australia. It doesn’t make any difference.

So, you need to try and persuade them that you can only attend by video link.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain