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Set Judgement Aside - 100% innocent

Hi everyone. So I am writing my defence to set judgement aside and filling in the N244 form. Will be paying the fee today also.

[U]Backstory[/U] -
I have been ticketed for a vehicle parking ticket for a vehicle that I had sold, so wasn't the offender.

I have given the parking company in question phone calls and emails from the DVLA proving this, as well as the collecting agency/legal firm who took on the debt to collect. They have said that unless I can give details of the new owner, the debt will remain with me. When I said they could get the info from the DVLA, they said it was my responsibility.

I have two claim forms from the county court, one of which has now become a CCJ (because I stupidly thought that the defence form would cover both). Also my original defence wasn't even logged because of an admin issue at the local County Court business centre.

Could you please take a look at my defence and let me know if I can make any changes/improvements?

here it is

Claim Number – XXXXXXXXxx
Defendant Name – xxxxxxxxxxxx
Claimant – Parking and xxxxxxxxxx
Ref No. – xxxxxxxxxxx
Order for the Court – Judgement to be set aside and £255 fees paid for hearing reimbursed


Defence –

From the 24th to the 28th of November 2018 I was issued multiple parking charge notices (PCNs) by the claimant Parking and xxxxxxxxxxxxxx.

On the 22nd of November 2018 I sold the car to another individual. This is evidenced in the attached letter from the DVLA ref. xxxxxxxx from Carl XXXXXX. (Dated 7th May 2019). The new owners details are -

xxxxxx xxxxx
Address xxxxx xxxxx xxxx
Contact number xxxxx xxx xxx

In light of the evidence provided by the DVLA that I was not the registered keeper of the vehicle nor the driver on the dates of the parking ticket, I believe should therefore not be liable for any of the tickets given on the above dates.

I wish for the judgement to be set aside, and for the £255 costs paid to county court for this matter to be reimbursed to me.

The letters for the PCNs were sent to my old address 1 XXXXX, XXX XXX at which I am no longer resident and have not been since July 2018. This is the reason for the escalation to a debt collection agency (BW Legal). I only became aware of the tickets once the case had already been escalated to BW Legal and after many calls from BW Legal.

On Friday 26th of July, I sent the DVLA letter of change of ownership to BW Legal, but received no response.

I have to date made numerous calls to both Parking and xxxxxxxxxxxx and BW Legal. After being informed of the evidence I had from the DVLA, I was met with refusals to close the case or to then seek the correct owner of the vehicle.

I currently have another claim open for which I have filed a defence (claim No. xxxxxxxx).

I am happy to provide more information if needed, and to attend a hearing to give me testimony.

Should you require anything further from me, please do no hesitate to contact me via email (xxxxxxxxxxxx@gmail.com) or telephone (xxxxxxxxxxx)

Kind regards,

xxxxxxx xxxxxxxx

___________

Thanks in advance for your help.

Comments

  • Le_Kirk
    Le_Kirk Posts: 26,211 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Is this the same issue as your other thread? If so, keep to one thread, it gets confusing having to jump about between different threads. Please continue on your original thread HERE and allow this one to gently pass into obscurity.
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