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county court business centre regarding parking fees

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Comments

  • Firstly I'd like to thank all of you for taking time to provide advice I really appriacite it, as I have zero knowledge of law and this is my first time to deal with court case. The thread you recommended is fantastic and very helpful cannot thanks you enough. 
    I have few queries/questions that I need some clarification on so it would be great if you can respond, they are below: 
    The template given can I use that word for word and only change part 17 and 18? if yes will there be any copyright issues since its someone else work?

    Do I need to attach the cases referenced in the draft defence statement if I were to use it? 

     With regards to 'The Southampton judgment'  which one is this? 

     Also '’Defendant’s name (can’t be changed to the driver now’’ This part from the draft I’m a bit confused what do I need to put? 

     

    Also need some advice I was on the phone for several minutes 20-50mins in the car before going out to pay, do I need to mention this part? Also will it be appropriate to offer to pay just for the time spent in the car park although I didn’t leave the car only when I attempted to pay (no phone app, and did not take card payments). 

     

    Also this statement from the draft ‘’If you have a good case otherwise and are sure that you are NOT able to (or wanting to) rely upon 'non-compliance with the POFA' (= especially relevant in 'non-POFA NTK' cases from Smart Parking, VCS, Excel, Civil Enforcement, CP Plus, Horizon, Highview, smaller PPCs and 'years old' cases from the likes of Britannia and OPS) and want to admit to being the driver (or if you already have ) change it to admit that the Defendant was the driver’’ ITS IN RED FONT 17, CAN SOMEONE EXPLAIN IT  IN SIMPLE TERMS PLEASE? 


    Thanks

     




  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    No copyright issues. None. It's been provided. Yes you change 17 and 18

    Same thread should be the uploads
    you don't intro case law. That comes later. Just the appendix judgements as directed. 
  • Coupon-mad
    Coupon-mad Posts: 154,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The template given can I use that word for word and only change part 17 and 18? if yes will there be any copyright issues since its someone else work?
    It's my 'work' but it's here for everyone to use. 

    With regards to 'The Southampton judgment'  which one is this? 
    Please don't ask that.   Read the template defence thread!  In it, I beg people NOT to ask that...because it just shows the person has not read the FIRST POST...please just read it...

    It's surely obvious what this means:
     Also '’Defendant’s name (can’t be changed to the driver now’’ This part from the draft I’m a bit confused what do I need to put? 

    How can that be confusing?

    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
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How is this progressing? 

    Did you file a Defence?
  • solomey1234
    solomey1234 Posts: 21 Forumite
    10 Posts Name Dropper
    KeithP said:
    How is this progressing? 

    Did you file a Defence?
    Thanks for asking, I filed a defence and emailed it but unfortunately I missed the deadline due to personal circumstance, and just received a letter today stating that I must pay the debt. I have been advised to fill another form if I think that a Judgment has been entered against me incorrectly and  would like to remove it, been advised to apply to set the Judgment aside using the N244 ‘Application Notice. I will start filling the required form now, but can someone clarify does setting judgment aside mean that the case will still be ongoing if the judge accept my reasons?  
    And have anyone else been in similar situation and was successful at setting the judgment aside as N244 application requires £255 for application process and was wondering if there is a high chance of been unsuccessful maybe I should pay the debt which is around the same figure. I don't want to give up but have other issues in life at the moment and feel like this is adding to it. 


     
  • Coupon-mad
    Coupon-mad Posts: 154,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How late were you and did you email the defence in?  On what day exactly?
    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
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 10 July 2020 at 5:15PM
    I have been advised to fill another form if I think that a Judgment has been entered against me incorrectly...
    Do you think the Judgment has been entered incorrectly? If so, why? 

    From what you have written, it appears that you simply missed the deadline for filing a Defence.
    Difficult to see why that might've been.
  • Umkomaas
    Umkomaas Posts: 43,642 Forumite
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    edited 10 July 2020 at 5:15PM
    maybe I should pay the debt which is around the same figure.
    How much was the judgment for?  In your opening thread you said the claim was for 'several hundred pounds'. 

    We asked you early in your thread which parking company was pursuing you, yet you haven't told us. Could you do so now please?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    You would need to have a good reason why you filed late. What was your good reason?
    How long do you have to pay the judgement? Precision is required. 
    Bearing in mind you can pay the judgement and still file for a set aside and this is a pragmatic course of action because it menas you are never at risk of a CCJ staying on your record. 
  • Le_Kirk
    Le_Kirk Posts: 24,866 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It all depends on the date of the judgment and the date the order specified for payment of the figure.  If more than 30 days , the N244 is your only recourse - if you qualify, you could get help with fees (ask Auntie Google).
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