Recieved CCJ Forms

KeithP

Drsik, you do realise that it is your son that needs to defend this?

Of course you can help, but it is him that needs to attend court if it comes to that.

What is the Date of Issue on the Claim Form?

The defence you intend to use simply won't win the case.

beamerguy

drsik wrote: »

The defence I intended to use is the truth as it was the basis of my original appeal.

He pulled into an NCP in Hemel town centre at 9.30 at night looking/waiting for someone. He never left the car and drove back out at 10.00pm. He was only there for less than an hour of which the majority was spent looking for his friend. When he could not find him he immediately left the car park - without parking.

The problem is, the scammers don't see it that way.
Regardless that he was still in the car, imagine he would
have stopped within the 30 mins ... the scammers
consider this as parking.

You should concentrate on the signs especially in times
of darkness. ie: are the signs easy to read, where are
they, are they illuminated

System

As KeithP says plus is this the one in Hillfield Road.

Looking at it pragmatically, if a driver turns into a clearly marked Pay & Display and fails to pay, then there has to be some reason as to why. Technical issues such as "didn't get out of the car" or "didn't park" won't cut it. There has to be some other reason like it didn't look like a Pay & Display or the signs warning about the £100 fee were missing / not obvious.

The last one about the signs is the usual one but if it was Hillfield Road, you might struggle without pics of the signs there now. (as Beamerguy has now pointed out)

drsik

Unfortunately we appealed the original PCN on this basis (you live and learn) .
It is NCP Hillfield Road so the signage is probably clear (I would have to check)

Date of issue is 13/Aug 2018

He will make the defence not me - as long as we dont get a CCJ on his credit file I am not worried - I would rather not pay the extortionate robbers for a service not received - or if (because of the way I have handled things so far) I have to pay something - I want to pay as little as I can while causing them as much nuisance as possible.

PS has anyone ever thought of campaigning that ANY Notice before Court should be sent by registered post to make sure the defendant has a fair right to deal with it before court proceedings are made

Quentin

He will only get a CCJ against him for 6 years if he loses in court and fails to pay this off within a month of the judgement against him.

Once paid within the month the ccj is expunged from the record

Sending mail via a signed for service allows the recipient an opportunity to prove that it was never received by simply refusing to accept it

KeithP

drsik wrote: »

PS has anyone ever thought of campaigning that the Notice before Court should be sent by registered post to make sure the defendant has a fair right to deal with it before court proceedings are made

You seem to be suggesting that people don't open mail that isn't Registered. I really cannot understand that.


By the way, there is no such thing as registered post - that was replace by 'Special Delivery' many many years ago. Also 'Recorded Delivery' became 'Signed For' a long while ago too.

drsik

Quentin wrote: »

Sending mail via a signed for service allows the recipient an opportunity to prove that it was never received by simply refusing to accept it

Do the post office not log it as tried to deliver - hence they can enter that as proof.
If we can force them to make this extra step - it is one more expense for them

drsik

KeithP wrote: »

You seem to be suggesting that people don't open mail that isn't Registered. I really cannot understand that.


By the way, there is no such thing as registered post - that was replace by 'Special Delivery' many many years ago. Also 'Recorded Delivery' became 'Signed For' a long while ago too.

"Registered" was just a blanket term (sorry I am a bit old school sometimes)
I get so much junk mail that it is possible that it could be missed / mixed up. Also other people with small children etc. The main reason I mention it is if we force this change it adds another obstacle on their side.

KeithP

With a Claim Issue Date of 13th August, the Defendant has until 1st September to complete the Acknowledgement of Service.
Detailed instructions on how to do that are in the second post of the NEWBIES FAQ sticky thread. There is nothing to be gained by delaying this.

Having done the AoS, the Defendant has until 4pm on Monday 17th September 2018 to file their Defence.

drsik

KeithP wrote: »

With a Claim Issue Date of 13th August, the Defendant has until 1st September to complete the Acknowledgement of Service.
Detailed instructions on how to do that are in the second post of the NEWBIES FAQ sticky thread. There is nothing to be gained by delaying this.

Having done the AoS, the Defendant has until 4pm on Monday 17th September 2018 to file their Defence.

I was about to do this - I thought the steps were
1. get gov gateway ID
2. Set up thread here
3. do Aos
4. read replies from members (you guys are great btw)
5. Submit defence
Now from replies in here so far the final steps
6. Await judgement
7. Either walk away scot free - or pay within 30 days
8. Case closed - nothing on file anywhere.

Please correct me if I am wrong