PLEASE HELP PCN County Claim form

Quentin

lorenjane wrote: »

Here are the forms, as I didn't reply to the claim form (as on holiday), a judgement for claimant (in default) then arrived (day I got back).......

No need to worry about the pictures - what you are calling a "warrant" is a CCJ in default.


Now you have a solicitor involved, ask his advice on your chances of getting this set aside. If you decide to go for it, bear in mind you must win your case to stop the CCJ you have received going on the register for 6 years.


To avoid going on the register you need to pay off the CCJ in full within 30 days of it being issued.

Coupon-mad

Just been to see a solicitor and they reckon it will probably be worth paying up.

And did they tell you that doesn't remove the CCJ? Just marks it as satisfied; it stays there for six years as a satisfied CCJ. Unless you pay a grand immediately now within 30 days, as Quentin says...that might keep it off the record but it's not something I know about for sure about default judgments.

Was the Solicitor really suggesting you pay close to a grand for that? Did he think the Beavis case makes these ALL enforceable?

Or do you mean he recommended paying £155 then defending it because it's not like the Beavis case; it seems as far as you've described a potentially defendable case (they would need to prove each and every PCN and that you were liable as keeper for ALL of them and ALL added costs and show those added costs were really incurred x 8 and part of the contract - and that the contract was clear to drivers...).

lorenjane

Solicitor said if it was him he would probably pay it as it is a really time consuming process and with how busy work is would struggle to have time to prepare! I'm thinking its lookin like I will have to pay it as don't know if I can risk losing and having the extra costs to pay and having a ccj! Just so bad luck the first firms arrived whilst I was away! Gunna at least try phoning the parking company tomorrow and saying I was using one of the bar owners Parkin spaces and maybe try and negotiate! Any further advice much my appreciated

Coupon-mad

A GRAND?! No-one is that easy a touch, surely?

You either have more money than sense or you could be from the PPC/dark side...

lorenjane

Not quite,don't even have the money spare but have my own business so can not risk having a ccj and also hoping to buy a house soon

Quentin

You now have a CCJ against you!

Coupon-mad

Why would you not take it back to the start and remove the CCJ for £155?

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/set-aside-a-judgment

lorenjane

But the ccj would be removed if I pay! Even if I paid the 155 to set aside the parking company are likely to reissue and the whole process would then start again and could then loose

Coupon-mad

You could, but unless you are very unlucky with how this goes/with the Judge, 8 x PCNs which were set at no more than £100 each are 'unlikely' to add up to a grand. That will include sneaky debt collector add-ons x 8 which can also be questioned in your defence, and they'd have to prove each and every one by producing the PCNs, Notice to Keeper letters etc.

The spelling of the site name is not relevant but lack of clear signage at the time is (can they prove beyond doubt that there was a contract from clear signs- maybe not?).

If they cannot show who was driving (could be different drivers?) and you are the registered keeper, then they cannot establish your liability because they do not use the POFA 2012 in their paperwork. So, a keeper cannot be liable where the driver(s) have not been established and it is not for you to assist the Claimant with that (although if asked by a judge outright you would not lie, you could reasonably say, however, that you are unsure/could be more than one insured person which is why your defence points to the lack of POFA/Schedule 4 compliance).

Admittedly small claims is a lottery but if it were me, I would want to rewind the clock for £155. You then get that chance to defend this properly and/or even make a reasonable offer at mediation if so minded (if you are liable) to minimise your losses.

You would have options, no CCJ and only £155 expense for now and be back to square one.

lorenjane

What exactly happens if the case is set aside then? Would the ccj be removed? Do people think it's worth getting in touch with the parking company to see if they have photographic evidence they could send me?are they likely to cooperate?