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3 private parking tickets being pursued for all 3 and had a ccj claim made
#27
That is actually a decent outcome. Hopefully you found that it is not as scary as most people think it is going to be.

What the judge has done is prioritise a fair hearing over a technically defective one. If he had proceeded today knowing you hadn’t been properly served with the case you had to meet, that would itself have been unfair and open to challenge. So from his perspective, adjournment and proper pleading is the safer course.

The important part is that this is not a free pass for the claimant. The judge has already flagged that their failure on service may impact costs. That is the lever you now have. If their conduct has caused wasted time, unnecessary preparation, and a vacated hearing, you can raise that at the next hearing and seek your costs of today.

You also have a strategic advantage now. When the detailed Particulars are served, you get to see their full case properly set out. That allows you to tighten your position, refine your defence if needed, and target any new weaknesses. Many of these claims actually become more exposed once they are forced to plead them properly.

So the position now is:
  • they have been required to properly plead their case;
  • you will have an opportunity to respond to that properly;
  • their procedural failure is on record and may have cost consequences.

It may feel like a setback, but it is more accurate to see it as the case being reset onto a procedurally correct footing, with the claimant already on the back foot in terms of conduct.

The judge has not brushed the service issue aside. He has adjourned because the case was not in a proper state to be heard, acknowledged that the service failure may affect costs, allowed you to factor it into your defence going forward, and increased the hearing time. That is all useful.

The important thing now is not to guess the next steps. Wait for the written order, then check:

  1. the claimant’s deadline for serving the detailed Particulars of Claim;
  2. your deadline for any amended defence or further evidence;
  3. who must prepare and serve the final bundle;
  4. the new hearing court and any hearing date;
  5. whether the order says costs are reserved or mentions costs in the case.

The fact the claimant’s rep struggled over proof of service is very useful. Make a short note now while it is fresh: what the judge asked, what the rep said, and the fact they could not clearly show service. That also may matter later on costs or procedural fairness.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain


Messages In This Thread
RE: 3 private parking tickets being pursued for all 3 and had a ccj claim made - by b789 - Yesterday, 11:23 AM

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