Worried CCJ coming my way for unpaid PCN!

KeithP

I would use your address as stated on the Claim Form.

You can get the address corrected when you have more breathing space.

I don't know, by I can easily imagine putting a different, hitherto unknown, address on the AoS would lead, at best, to confusion. Not what you want right now.

Starkat79

Ok but I've just thought of something else after having a quick look back over C-m's reply to my question: 2. Does the wrong address have any bearing on this issue?

"Yes, because if there is a CCJ you can get that set aside due to non-service."

If I send the AOS tonight & then find out tomorrow that there is a CCJ, would I then not be able to claim non-service as surely doing the AOS acknowledges that I know about it & have therefore been 'served'?

KeithP

Sorry, that question is too difficult for me.

I would just say that even if your were to file a Defence tonight, using your argument, you would also be admitting that the Claim had been served.

Coupon-mad

You have a point I think. Make the phone call to the CCBC at 9am or check TrustOnline.

Quentin

Starkat79 wrote: »

Ok but I've just thought of something else after having a quick look back over C-m's reply to my question: 2. Does the wrong address have any bearing on this issue?

"Yes, because if there is a CCJ you can get that set aside due to non-service."

If I send the AOS tonight & then find out tomorrow that there is a CCJ, would I then not be able to claim non-service as surely doing the AOS acknowledges that I know about it & have therefore been 'served'?

You will be saying in a set aside application that you received the claim late and explaining why, not that you never received it,!

Should your AOS now turn out to be redundant as a default ccj has been issued in the last 48 hours is irrelevant as you will be able to explain that the two actions (judgement and aos) "crossed in the post,"

By getting it in now may snatch you an advantage if the claimant happens to ask for judgement prior to you getting through to the court in the morning which sometimes takes hours hanging on the phone

henrik777

KeithP wrote: »

Sorry, that question is too difficult for me.

I would just say that even if your were to file a Defence tonight, using your argument, you would also be admitting that the Claim had been served.

https://www.supremecourt.uk/cases/docs/uksc-2016-0136-judgment.pdf

Starkat79

Ok so I'm doing the AOS now, it got too late to think straight last night & was worrying about the non-service bit if I then acknowledged but after a couple more replies I understand more now!


So I'm at the personal details part & don't know whether to put in a phone number as feel like I remember seeing something about not giving this information...

The_Deep

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Starkat79

Have just submitted the AOS without my phone number but did put an email address in which is different to the one I registered with MCOL as it said additional, hoping now that this doesn't confuse things!

I take it I now wait for a reply from the court...?

Quentin

Now start putting together a defence

(Have you made arrangements for post to be redirected?

Any communication from the court or Claimant will go to the wrong address till you notify both parties of your correct address ( meaning the possibility of a ccj against you that you are unaware of)