Judgement for Claimant (in default)

valiant24

I already have another thread going defending a PCN issued by a PPC at a site where my granddaughter lives, and has a right to park under the terms of her Lease.
I've just discovered that my granddaughter's husband also received a PCN at the same site.  He'd have exactly the same defence as I have.   However he ignored it, didn't get the Letter of Claim, and this morning received a Judgement for Claimant (in default) for the PPCfor £288.55 on a £100 PCN.
 He could have defended this with ease.   But there's nothing to be done, is there?   It's all over ...?

Redx

No real chance of a set aside if he ignored correctly served papers

You are correct , he is an idiot

twhitehousescat

yes pay up!
if within 31 days it will be removed , if over 31 days it will be marked as satisfied 
the stupidity was not defending , no judge is going to allow a setaside 

beamerguy

What a fool and costly too
I hope you can at least get satisfaction with your ticket

Any old fool and his idiot (OPS and Gladstones) can win a default

valiant24

beamerguy said:

What a fool and costly too
I hope you can at least get satisfaction with your ticket

Any old fool and his idiot (OPS and Gladstones) can win a default

OPS and DCB Legal, but I take the point!

beamerguy

valiant24 said:

beamerguy said:

What a fool and costly too
I hope you can at least get satisfaction with your ticket

Any old fool and his idiot (OPS and Gladstones) can win a default

OPS and DCB Legal, but I take the point!

Oh DCBL ?????   Same brush, same tar, same scam

Did you read this in the abuse of process thread ? ....
RESIDENTIAL CASE ..... VCS LOST
VCS passed the case to DCBL who in turn passed it to Elms Legal who sent their rep to court
A DISASTER FOR ELMS LEGAL

Sheffield County Court, 2pm, 28/01/20 Judge Heppell
Full report in POST # 110 here
https://forums.moneysavingexpert.com/discussion/comment/76779349#Comment_76779349

valiant24

Good evening, Dear Reader.
We've decided to apply for a set-aside on this.
Recap
My son-in-law received in Aug 2017 a PCN when parked in the block of flats he was living in.   Under the terms of the Lease of a flat his wife had title on at the location she was entitled to park there without conditions, and particularly without needing to buy and display a permit.  He ignored all communications from the PPC, from several different debt collectors, and fromseveral different lawyers.  On 14/02/2020 he received a notification of Judgement for Claimant in the sum of £288.  Evidently he missed, or did not receive, a Court Claim form.   Had he received it he would certainly have reacted and have contested the Claim in court as his wife's Lease has Primacy.
Process
He completes a form N244 asking for set-aside and at some point pays a £255 fee.   On the N244 he completes a witness statement which both a) Explains that he did not receive the Court form, perhaps mentioning a history of post going missing from the shared area of the flats where they now live. and b) Outlining his case for the Lease having Primacy.
The Court may refuse the request to re-hear the case because his excuse of not receiving the form is not credible, or it may re-open the case.
Questions
1. Is the process a outlined above correct?
2. How will the witness statement differ from the defence statement I have submitted for my own identical case, which I am defending in the normal way?
3. Is there the possibility also to contest how a £100 PCN escalated into a £288 total?
4. Is there any value in writing to the "legal firm" named as the claimant, acting on behalf of the PPC, stating that he intends to contest the claim but, while he is supremely confident in his actual case, acknowledges that the chance of the case being heard at all is outwith his control, and offering a lesser amount in Full and Final to save everyone a lot of hassle?
(I've submitted this question on pepipoo also in case you're active on both, Dear Reader!)
Thanks
V

henrik777

1. No mention of asking them to consent ?
2. A witness statement for a set aside focuses on the reasons for not defending first time around. 
3. Not for a set aside, but potentially if it is set aside.
4. They may or they may not but if you don't ask you don't get.

valiant24

Thanks Henrik.
>> No mention of asking them to consent ?
I may have missed something.  Can you expand on this please?
>> A witness statement for a set aside focuses on the reasons for not defending first time around. 
But as I read other posts it needs also to include a clear statement of why the Defendant believes that he/she has a strong case, and an outline of that case?

DoaM

A set-aside with consent (from the PPC) costs £100 rather than £255. However he'd probably need to pay the CCJ value as well (yet reserve it for consideration of costs if/when the set aside is granted).

valiant24

DoaM said:

A set-aside with consent (from the PPC) costs £100 rather than £255. However he'd probably need to pay the CCJ value as well (yet reserve it for consideration of costs if/when the set aside is granted).

I don't really know what this means, apologies for my newness.   Are you able to spell it out pls or point me to where I can read about it?