HELP judgment for claimant

madting16

I got a claim form a few weeks ago for a silly fine, I have had one before and defended successfully. I put the claim form to one side ready to take to work and write my defence but the form was misplaced, I called the court office and they said I could just submit my defence via e-mail, and proceeded to give me my claim number. I submitted my defence in the correct manner via email, and now a week or 2 later have had a judgment in the post demanding me to pay £264 or have bailiffs come to my house. Help please?????😬

BrownTrout

Did you get the automated email from the CCBC?

madting16

I just realised I’ve used the wrong claim number in the subject of the email 🤦🏻!♂️ But the header in my defence has the correct claim number. Can’t believe it..

BrownTrout

There in lies your error.
Your best course of action is just to pay it

Coupon-mad

Or possibly phone the CCBC and tell them you did email the defence that had the right claim number in the actual document header, which is surely what matters.

madting16

I’m going to fill in form N244, explain what happened and attempt to have this resolved without a hearing. Shouldn’t be too bad..

Coupon-mad

But that will cost you a fee.

Why not ring the court first as suggested and point out that they DID have the defence in their hands and in order, in time? Apologise for the typo but point out that if they had opened the defence attachment they would have seen that it was in order, and which claim it related to.

The fact that the subject line of the email carrying the defence was wrong seems neither here nor there to me, that's like saying a typo on an envelope renders the correctly typed defence letter inside, void!

madting16

The way they have worded the article, seems like the £255 would be for a hearing. Doesn’t seem like something that should be resolved at a hearing. I will give them a call as well as like you say the vital information is correct

Umkomaas

madting16 wrote: »

The way they have worded the article, seems like the £255 would be for a hearing. Doesn’t seem like something that should be resolved at a hearing. I will give them a call as well as like you say the vital information is correct

I think the fee is more about the services of a Judge to decide the application - with or without a hearing.

The fee can only be recoverable from the claimant, and then only if they have done something 'wrong' generally in terms of the service of documents. To me, it looks like there would be little prospect of you recovering your set aside fee.

If you do get your set aside, you'd then have to defend your case, which you might or might not win. Win it, it's cost you £255 (a £9 saving on just paying the judgment now), lose and it will have cost you £519. We have no idea of the circumstances of the parking incident to know what your chances of winning are.

You might still want to go ahead on the basis of principle - we admire that, but principles can be expensive. Are you prepared to 'go to the wall' for £9 (nett)?

nosferatu1001

Youve been told the best way to do this - and next time, double check vital info is right!

As pointed out, if they DONT accept this, then I would pay. Not worth the risk.

Coupon-mad

The fee is for the N244 APPLICATION.