URBAN EXCHANGE-HIGHVIEW PARKING- DCBL LEGAL-PLEASE HELP

Coupon-mad

nadiak91 said:

So the lady not he phone said I can appeal and contest the £302 one- she has sent an application form via email. And for the other she said to compete the N244 form 

But the above is both the same thing!  Due to what you have told us, I would apply for both (but that is 2 x £255 in court fees, as we know, as per the NEWBIES thread).  You are going to have to read the set aside CCJ section over the weekend and get your applications done, for Monday morning, and hope no bailiffs call in the meantime.  OBVIOUSLY NO LETTING THEM IN.

You can of course complete a N244 for either or both of them, and if she is saying that judgment in default has ben obtained for BOTH, then you do need to act quickly and would not need to pay either of them. 

The £302 one should be easier, if this wasn't your car, they have screwed up and you need to ask for the £255 to be refunded by the Claimants for that one.

This is covered in the NEWBIES thread 2nd post, about setting aside a CCJ, and in any of the zillions of CCJ set aside cases you care to read.  We suggest you stop and read at least a dozen, before replying.

nosferatu1001

What grounds would the op get a set aside? They don't meet any ground fir the larger sum that I can see 

Coupon-mad

In view of the amount and (now) acting promptly, they would have to rely upon the court's direction, citing 'any other good reason' including good prospects of defending the claim and that this all happened during lockdown at a time when the Claimant filed 2 claims, one of which was about a car never owned and the other was hugely inflated beyond any recognisable level that related to any parking charge.

It will be down to discretion but I'd do it if it were me.

nadiak91

Coupon-mad said:

nadiak91 said:

So the lady not he phone said I can appeal and contest the £302 one- she has sent an application form via email. And for the other she said to compete the N244 form 

But the above is both the same thing!  Due to what you have told us, I would apply for both (but that is 2 x £255 in court fees, as we know, as per the NEWBIES thread).  You are going to have to read the set aside CCJ section over the weekend and get your applications done, for Monday morning, and hope no bailiffs call in the meantime.  OBVIOUSLY NO LETTING THEM IN.

You can of course complete a N244 for either or both of them, and if she is saying that judgment in default has ben obtained for BOTH, then you do need to act quickly and would not need to pay either of them. 

The £302 one should be easier, if this wasn't your car, they have screwed up and you need to ask for the £255 to be refunded by the Claimants for that one.

This is covered in the NEWBIES thread 2nd post, about setting aside a CCJ, and in any of the zillions of CCJ set aside cases you care to read.  We suggest you stop and read at least a dozen, before replying.

Ok, I will apply for both. I will read the CCJ section and get this done. 

Just to be clear- I should use the appeal form for both claims? and the N244? 

nosferatu1001

Personally I think they'd both fail. The OP, when asked, will have to disclose that they just ignored court claim forms. How will they persuade a court that they now deserve court time? 

Coupon-mad

The £302 one would be mad to fail, given this is not his/her car.  That must be 'a good reason'.  The other one, I'd try it due to the amount and because this is a pandemic lockdown and there are very good prospects of successfully defending (both) given that Highview don't use the POFA and the POC fail to state the breakdown of the sum and don't even say on what basis the D is being held liable, nor any facts (DCBL claims never do). 

Whilst the claim was served it was served with defective POC and alongside a second claim that was clearly a scam, and the D was unable to defend immediately during lockdown and when he/she did defend, the C had already rushed to seek default judgments for both defective claims.  That cannot be just and there is 'good reason' for the court to use its discretion to allow one but preferably both applications.

To the OP, I said to spend the weekend reading other CCJ set aside threads and the NEWBIES thread, from which you will learn you must do separate N244s and a Draft Order and WS too, for each one. 

And add to the Order and into your email that enforcement is to be put on hold and the writ stayed.

nosferatu1001

How does that exempt them from the 19 days everyone else gets? The OP could at least have acknowledged the claims, same as everyone else. 

Personally i think you'd be reliant on a very very sympathetic court. 

Coupon-mad

I agree the OP mucked up and I agree it will require a Judge prepared to exercise discretion to allow the claims to be heard/defended but maybe the filing of the £302 claim might assist - the OP believed this must be a scam and by the time he/she realised, he/she acted promptly.

nadiak91

Just doing the N244. Unknown territory for me so quite hesitant. 

This is for the £946.6-

Box 3 
An order that the Judgment in Default be Set Aside pursuant to CPR 13.3 and the Defendant be allowed to file a Defence in the case. The Defendant only discovered Judgment on the 16.11.20 and has acted promptly in making this application. 

Box 10- witness statment, draft defence

Would it be the same for the unknown car or do I mention that I am not the registered keeper of the vehicle in box 3?

nosferatu1001

I would do far, far moire than just state yo9ure not the RK
State you are not the RK,. nor the keeper, nor were you EVER the driver and have never had ANY connection with that vehicle