Notice of Intended Court Proceedings

chrisypaty

Is that the amount of the default judgment (CCJ) and which is registered against your credit file?

Yes its 1400

[Deleted User]

Ok, so let me get this straight.

1. You moved out.
2. Your management company knew you moved out before the default judgment and were liaising with the parking company
3. The claimant wrote to you AFTER obtaining default judgment, so were quite capable of locating you BEFORE issue.

Did the claimant ever ask you to confirm an address for service?

System

Once I do that can I still claim against the fine which is £1400 at the moment?

With a CCJ you explain why it happened (old address) and why you need a chance to defend (You were being ticketed in a space for which you had exclusive use/unfettered rights). Judges don't normally want to rehear the case there and then as the other party is not normally there.

You should ask the judge to a) require the claimant to serve you a copy of the particulars they sent to the court so you can defend and b) order the refund of your £255 costs so far.

You then get a date for a rehearing unless the other party drops their claim which means they don't get £1400 and you don't get £255 - unless the judge has ordered it at the set-aside stage.

nosferatu1001

You have to show you were there to be found at your new address. Sounds like you were.
I’d be holding the managing agent liable as well.

chrisypaty

2. Your management company knew you moved out before the default judgment and were liaising with the parking company
3. The claimant wrote to you AFTER obtaining default judgment, so were quite capable of locating you BEFORE issue.

Notice handed in 1st August and moved out 31st August

Did the claimant ever ask you to confirm an address for service?

The only time I was asked for an address was in the initial online parking appeal form.

You have to show you were there to be found at your new address. Sounds like you were.
I’d be holding the managing agent liable as well.

I gave the letting agent my forwarding address for my deposit which is my parents address. I have been living with my brother temporarily as I am moving in with a mate in December so I never sent off the change of address form for my car because I thought I was moving to my new place in October but the move was delayed.

I'm not allowed to post links but I've read the thread 'Not advising Change of Registered Keeper to PCM' from the 29th of March

Is this the sort of documentation in need to provide in support of my n244 application?

Do I have a deadline date to send this form to the court by?

Thanks

[Deleted User]

Type CPR part 13 into Google. Those are the court rules. This application needs to be made promptly.

The application is not a mini-trial. It is a matter of procedure. The court will consider:

1. Should the judgment be set aside
2. If yes, is the case defensible (for which the prospects are considered on the basis of being more than false, fanciful or imaginary - i.e. quite a low bar)

Normally if the claim form has not been correctly served, the court MUST set aside the claim. The risk here is that you had gone slightly off radar. The court rules do permit service at a last known address, but this does not absolve then of the need to undertake basic checks.

What is the period between the last letter and the claimant starting court proceedings? The longer that period the greater the onus on them to check the address.

The_Deep

I just gave the management company my forwarding address which they'd been sending mail to.

This is a new one on me. As a landlord of 40 years standing, I have never come across an MA who will do this. Without mail redirect, you may have difficulty getting your set aside costs refunded.

chrisypaty

What is the period between the last letter and the claimant starting court proceedings? The longer that period the greater the onus on them to check the address.

Last letter was notice of intended court proceedings 24/07/17 - County court letter 21/09/17 so a gap of 59 days.

This is a new one on me. As a landlord of 40 years standing, I have never come across an MA who will do this. Without mail redirect, you may have difficulty getting your set aside costs refunded.

Just to clarify I gave me address for forwarding of deposit. It could have been the landlord sending the mail forward.

Loadsofchildren123

I've just checked the rules and think they applied early for the default judgment.
Have you seen the Claim Form? Assuming it says further PoC were to follow (why else would you have received separate further PoCs?), then you were only due to serve your AOS 14 days after those were SERVED (rule 10.3(1)(b) and Rule 9)

The POC were served on 2 October (rule 6.26).

Therefore your AOS was due to be filed under rule 10.3(1)(b) on 16 October.
Yet they got default judgment on 13 October.

This was quite clearly premature.

However, this is all wrong if the original Claim Form didn't say "further PoC to follow within 14 days".

Then you can't rely on this procedural error (because you should have filed your AOS within 14 days of service of the Claim Form - service of that being date on Claim Form plus 5 days) but only on the change of address.

The_Deep

Just to clarify I gave me address for forwarding of deposit. It could have been the landlord sending the mail forward.

This is not the same as mail forwarding, the deposit is not usually held by the MA but by the landlord or a holding company. Therefore whilst knowing that A PPC was after you, you did not inform them of your new address.

As a landlord, I do not automatically forward my tenants' mail to them. only if it looks important.

Did you inform DVLA in a timely manner of your change of address?