Please help!Letter from Newlyn

nikkietoni

I have downloaded the defence newbies template and it seems very complicated regarding global sums etc. I presume it is the correct template? 

Starts with
”in the county court” between claimant and defendant. 
I don’t understand what The amount horizon are charging as there are different amounts. The original pcn was for £80 but hen the claim form ccj was £168 plus court fee and legal rep cost added on. So this was over £200 then the newlyn debt fee was £356 ? Or has it gone back to original figure of £80 

Coupon-mad

the claim form ccj was £168

So, that £168, is that on the left of the N1 claim form in the Particulars, did you get a copy of the claim form at some point and can see this?  Does it suggest that they added £60 for debt collection costs and £8ish interest...if so it sems to me they forgot the PCN was £80 an have made a fatal error in the claim by assuming it was £100 like most fake PCNs.

Where are you egtting that £168 from, exactly?

 plus court fee and legal rep cost added on.

Forget that bit, that's not the global sum claimed.

 downloaded the defence newbies template and it seems very complicated

It's really not...and it's written for you already so it's no work!

nikkietoni

The parking co sent the copy of claim form  with all their bundle before the set aside. 

Claimant claims:
£80pcn
£70 contractual costs  
£18 statutory interest
is £168.72 then plus court fee £25 Then £50 legal rep is £243.72

the debt collector letter then adds more on but I presume it is the claim form amount I put on the defence ?
without the court fee and legal rep fee? 

Coupon-mad

£80pcn
£70 contractual costs  

OK so ignoring the interest, the global sum sought is £150 which is the figure you put in #2 of the template.  Then go through and change the mentions of £60 (where the template talks about the debt collection false sum) to £70 in your case.

Then add some details in like I told you to talk about in #16 and #17. I already said what to include there.

Then change the statement of truth at the end of the template to the NEW ONE like the NEWBIES thread tells you to do...because I haven't edited the template to include it yet (statement of truth chaged last month and the NEWBIES thread makes that clear and quotes it).

nikkietoni

thankyou so much will do all that in the morning. I understand it now! I was thinking it went back to the original pcn of £80 not the claim form ! You are a star! Thankyou for your knowledge x

nikkietoni

just wondering if I have to send all the bundle in again along with the defence statement . Thanks 

Coupon-mad

No but in your case, because this follows a set aside hearing, if the D has not been provided with all the evidence I would suggest that she adds something right at the start that says this, and replaces the first point from the template with this 1 and 1.1:


1.  The Defendant provides this defence following the set aside of an unexpected CCJ whereby the service of this Claimaint's claim was defective.  The Defendant feels ambushed and at an unfair disadvantage and after submitting this defence, the Defendant will await the court's further directions relating to exchange of witness statements and evidence before any final hearing is set.  The Defendant asks the court to note her need for a face-to-face hearing later this year because she suffers from long term mental health issues including anxiety, and found the remote CCJ set aside application hearing extremely traumatic.  The absence of visual cues was confusing and detrimental to the Defendant's confidence, organisation and presentation of facts, due to being unable to rely upon a family member who will speak at the final hearing as the Defendant's lay representative.   

1.1.  The Defendant has been provided sparse information about the reason for the parking charge but has gleaned from the Particulars supplied by the CCBC that the location is Eden Square, where cars routinely queue to enter and leave, and that the material date was December 2017.  Like the claim form, no Notice to Keeper was served and the identity of the driver has never been provided.   The Defendant denies that the driver of the vehicle entered into any agreement to pay a disproportionate sum to the Claimant, whose cause of action seems to rely upon the extra minutes spent in traffic, entering, waiting for a space, and at the end, driving out in a queue to leave this extremely busy site, just prior to Christmas.  The Defendant has seen no evidence that the driver overstayed their time in a parking bay, what the 'grace period' was or whether the Claimant extended this time to accommodate the stores' busiest shopping times.  Accordingly, it is denied that the Claimant is entitled to relief in the sum claimed, or at all.

nikkietoni

Thanks so much for that. If we ask for a delay in the hearing will it prevent the ccj being taken off credit file?also why no bundle wanted .. does the judge look through papers and documents already sent  in for the set aside?

KeithP

nikkietoni said:

Thanks so much for that. If we ask for a delay in the hearing will it prevent the ccj being taken off credit file?

Winning a set aside hearing means the Judgment is removed at that time (or very very shortly after).

Check TrustOnline and confirm it for yourself.

nikkietoni

Ok thanks. I thought it would not be removed until after the court case for the original parking ticket