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Worried CCJ coming my way for unpaid PCN!

135

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I take it I now wait for a reply from the court...?
    No! You will NOT hear from the court yet.

    You haven't defended and will get a CCJ if you do not!
    It's dated 19th July
    You have about a week to get a defence in, assuming you have checked that you have no CCJ yet?

    You know how to defend as per the NEWBIES thread examples and you must now work on that.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's dated 19th July
    With a Claim Issue Date of 19th July, and assuming the Acknowledgement of Service is accepted, you have until 4pm on Wednesday 21st August 2019 to file your Defence.

    That's a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


    When you are happy with the content, your Defence should be filed via email as suggested here:
      Print your Defence.
    1. Sign it and date it.
    2. Scan the signed document back in and save it as a pdf.
    3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
    6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
    7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    If there is a wrong address issue you must, and this is a MUST, send the claimant AND the court a
    Notice of updated Address for Service

    Tell them the precise words that this is your only address for service and they must erase the old one.
  • Hi all, thanks for your continued advice.

    I just rang the court and was told I was lucky I got my AOS in yesterday as the claimant tried for file for judgement the same day! Phew!!

    I informed the lady that I hadn't got the LBC's because of moving & made sure that the court now has my new address. Coupon-mad previously advised not to phone UKPC or Gladstones but is that because it's always best to put things in writing to them i.e. address change...?

    She confirmed that I have till the 21st August to file a defence so will crack on with that using the examples as advised. I have an old 3-in-1 printer that won't print anymore but will see if the scanner still works, if not will they still accept a defence if not physically signed or will I have to post it instead?
  • Quentin
    Quentin Posts: 40,405 Forumite
    Yes send your change of address to them in writing,

    You already have been advised on how to send your defence in #23

    You should now bookmark the newbies FAQ thread post #2 as your Bible till this reaches its conclusion
  • Thanks Quentin. With regards to sending my defence, I was just asking what I do if I am unable to scan it back in to save as a pdf.

    Already bookmarked lol & reading my way through it slowly but surely! :)
  • Starkat79
    Starkat79 Posts: 25 Forumite
    Have read bargepole's Irrelevant Defences and How To Avoid Them and the part where it says:

    "I didn't see the signs: Unless you can demonstrate, with evidence, that the signage in the car park was obscured, printed in a tiny font, high up on poles or otherwise unreadable, this is a rubbish argument. The signs are there to be seen, and you should have seen them."

    So, I have just used google maps in satellite mode to look around the car park and although there are quite a few signs dotted around they do seem very spaced out & not really 'eye-catching', especially when you first drive in and are concentrating on finding a space & manoeuvring past/around cars or pedestrians! They are probably about A4 size, mainly white with fairly small black writing on them and are on lamp posts so I'd say at least 6ft up or more. For example, on one row of 13 bays there is 1 sign halfway up facing the front of a bay and then there are 2 either end - 1 facing outwards towards the pub entrance and the one at the top end is facing towards the pub entrance too, yet in line with 4 trees that are planted in between each row & practically obscured by the closest one! Was going to post an image but don't know how to give it an URL...or maybe the link/postcode for google maps if it's possible someone happens to have the time to have a quick scan round to see if I have a strong enough reason to defend the claim.

    Literally just had my mum (who's not very helpful - or a driver!) have a go at me saying I should have just paid the fine in the first place instead of digging myself deeper into the situation by ignoring it! :(
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I just rang the court and was told I was lucky I got my AOS in yesterday as the claimant tried for file for judgement the same day! Phew!!
    Wow, just in time! :D

    Just draft a defence based on a similar one you find linked in the NEWBIES thread; there are some 17 different ones there, covering most things we see all the time, and ALL (without exception) cover and include a point about 'unclear signs'.

    Yours would need an added point to inform the Claimant about your new address for service.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Starkat79
    Starkat79 Posts: 25 Forumite
    I know, lucky eh?! :D

    I have so far copied & pasted onto a word document the "defence by bargepole, showing that a defence about unclear signs should be written concisely" and am working my way through it. My claim states that 'the vehicle was parked in breach of the terms of parking stipulated on the signage' so....does this mean I have to edit/remove points 3 & 4 as the claimant HAS specified how the terms were breached?

    Plus putting in the point you said about informing the claimant about new address....is this instead of writing to inform them, as previously advised by Quentin above in #26, or as well as?

    Many Thanks :)
  • Le_Kirk
    Le_Kirk Posts: 25,107 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    When you post your defence here for critique DO NOT copy and paste from Word, as that upsets the forum systems and you might end up getting your IP address banned. Post via Notepad or similar.
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