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County Court Judgement Received

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Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 29 May 2020 at 12:26PM
     Proceedings to be filed with 14 days. Then within 14 days of that I am to file defence.
    If the first thing hasn't happened then the obligation and deadline set on you, has not begun.  Next Thursday is not a deadline.
    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
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    As above. You have to file within 14 days of them doign their part. THey havent done their part, likely because the court hasnt sent thte order

    keep calling. Their staff will be working. 
  • Blue1133
    Blue1133 Posts: 97 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    Ok, have spoken to the business centre, as the County court are simply not answering phones having been hanging on for hours every day. 

    The business centre seem to think I need to file the defence to the claim rather than wait, and the deadline is the 4th. Crazy as I do not even have the full facts of the case, however the last thing I want is another Judgement by default and go through this again.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They are wrong.
    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
  • Blue1133
    Blue1133 Posts: 97 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    edited 2 June 2020 at 11:11AM
    At least the ccj is showing as removed from the credit file, that's something at least.
    Have there been any similar cases that I can read about, is it worth submitting something just in case? What of the claimant has simply said they intend to rely upon their original claim/statements/evidence etc to the Judge, I know Small claims can be a bit more informal so am to be honest, slightly bricking it at this point
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 June 2020 at 11:57AM
    Why not email the court (Google it if you don't have it) and state that you are concerned that you haven't yet received an Order from the court but your memory of what was said by Judge xxxxxxxx when setting aside the CCJ, was that the Claimant must do x (whatever it was) first and then you will have 14 days to defend the case.   You are concerned that you have been prejudiced in defending the claim because the Claimant hasn't sent anything and you are keen to receive an Order or further Directions this week.
    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
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Do as above
    The CCBC are NOT the place to call. They are purely admin staff. 
  • Blue1133
    Blue1133 Posts: 97 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    Right guys, finally received the so called 'claim form' strategically dated well over a week prior to the date I actually received it, but hey-ho, luckily I emailed the court to at least have it on record that I had received nothing, so hopefully this will cover me.
    A bit daunting to say the least, then again, the last time around it was, so am more than prepared to see it through, again
    1. As a worst case scenario - if they were to win, and the amount is paid in full immediately, will there be any record on the credit file whatsoever? - from reading, it seems not, am I right here?
    2. I need to work out where to start, the paperwork is all over the place and doesn't seem to make sense, and is double sided prints that don't seem to follow any logical  order, i'm sure another stifling tactic from them. 
    3. the contents of the letter are as follows -
    3.1 - Covering letter, kindly pointing me to the enclosed 'claim form and 'response pack' 'as ordered' and apologising for the delay.
    3.2 - Claim Form - THE DRIVER OF THE VEHICLE WITH REGISTRATION xxxxxx (THE 'VEHICLE') PARKED IN BREACH OF THE TERMS OF PARKING STIPULATED ON THE SIGNAGE (THE 'CONTRACT') AT xxxxxxx - PERMITS ONLY - TCHA - *******various address details****** ON xxxx/2017 THUS INCURRING THE PARKING CHARGE (THE 'PCN'). THE DRIVER OF THE VEHICLE AGREED TO PAY THE PCN WITHIN 28 DAYS OF ISSUE YET FAILED TO DO SO. THE CLAIMANT CLAIMS THE UNPAID PCN FROM THE DEFENDANT AS THE DRIVER/KEEPER OF THE VEHICLE. DESPITE DEMANDS BEING MADE, THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY. THE CLAIMANT CLAIMS £80 FOR THE PCN, £70.00 CONTRACTUAL COSTS PURSUANT TO THE CONTRACT AND PCN TERMS AND CONDITIONS, TOGETHER WITH STATUTORY INTEREST OF £23.13 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8.00% PER ANNUM, CONTINUING AT £0.03 PER DAY 
    Amount Claimed - £173.13
    Court Fee - £25
    Legal Costs - £50
    Total - £248
    3.2 Document entitled 'Admission' - i'm sure I don't want to go anywhere near that ;), this is double sided which also has a place for a defence on and counter claim.
    3.3 -  Response Pack - Acknowledgement of Service - Im assuming, I tick - defend all of claim? How do I claim for costs or is that counted as a counter claim? Do I have to fill in my financial detail/budget? Do I do this online?
    3.4 - defence and counterclaim- I'm assuming I complete this as I dispute the claim, though I am also assuming I can log in and file a defence

    Any guidance much appreciated.

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 June 2020 at 6:22PM
    This is exactly as if you'd got a claim form without an Order & CCJ set aside first.

    Ask whatever isn't clear, once you've read the NEWBIES thread post #2 and the template defence sticky.

    1. As a worst case scenario - if they were to win, and the amount is paid in full immediately, will there be any record on the credit file whatsoever? 
    None at all.   

    No risk now that they have your correct address.  This is why people defend scam claims from PPCs!

    And the amount would not include the fake added 'damages' of £60.  and we win 99% of the time!
    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
  • Blue1133
    Blue1133 Posts: 97 Forumite
    Fifth Anniversary 10 Posts Combo Breaker
    ok, situation is that the password on the claim pack does not work, therefore there is no way to acknowledge service online
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