URBAN EXCHANGE-HIGHVIEW PARKING- DCBL LEGAL-PLEASE HELP

nadiak91

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on XXXXXX the claim will be struck out without further order.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm XXXXXX

How long do I give them? 

nadiak91

For the £900 CCJ- please give feedback....

2. I learnt of the existence of this claim on the 28.10.20 when I received a letter from the Claimant requesting payment of the judgment detailed in paragraph 1. [EXHIBIT A]

3. I feel the amount to pay is a highly inflated amount for a parking fine

4. I was unable to defend immediately during this pandemic lockdown. 

more detail? or ok?

nadiak91

For the unknown car- 

2. I learnt of the existence of this claim on the 28.10.20  when I received a letter from the Claimant  requesting payment of the judgment detailed in paragraph 1. [EXHIBIT A]
3. I am not the registered keeper, keeper or the driver of the vehicle referenced. I have never had any connection with the vehicle referenced. 

4. I was unable to defend immediately during this pandemic lockdown. 

thank you!

henrik777

nadiak91 said:

For the £900 CCJ- please give feedback....

2. I learnt of the existence of this claim on the 28.10.20 when I received a letter from the Claimant requesting payment of the judgment detailed in paragraph 1. [EXHIBIT A]

3. I feel the amount to pay is a highly inflated amount for a parking fine

4. I was unable to defend immediately during this pandemic lockdown. 

more detail? or ok?

You'll need a VERY sympathetic judge. If you get the opposite they'll look at number 4 and think you couldn't be bothered and are now chancing your mitt.

Explanations, particularly to your faults, need to persuade. Number 4 is not an explanation.

KeithP

nadiak91 said:

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on XXXXXX the claim will be struck out without further order.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm XXXXXX

How long do I give them? 

It is not for you to give the  Claimant a time limit.

You are providing a draft Order in the hope that the Judge will use it as a basis for his Order.

Coupon-mad

3. is also wrong, this is not what we said.  No-one said it was 'inflated for a parking fine'.  We used other words.

nadiak91

henrik777 said:

nadiak91 said:

For the £900 CCJ- please give feedback....

2. I learnt of the existence of this claim on the 28.10.20 when I received a letter from the Claimant requesting payment of the judgment detailed in paragraph 1. [EXHIBIT A]

3. I feel the amount to pay is a highly inflated amount for a parking fine

4. I was unable to defend immediately during this pandemic lockdown. 

more detail? or ok?

You'll need a VERY sympathetic judge. If you get the opposite they'll look at number 4 and think you couldn't be bothered and are now chancing your mitt.

Explanations, particularly to your faults, need to persuade. Number 4 is not an explanation.

Im not too sure what to put for point 4- I need to explain why I didn't defend immediately? The only reason I had was I thought it was scam and stupidly ignored 

nosferatu1001

Also your first point is a lie. You learnt of the claim when you got a claim form.  The fact you thought it was a scam, based on zero actual research - such as trying to login to the website and realising it was real - doesn't mean you didn't know about the claim. You did. 

You have to explain. A single line is goi g to result in your application being gone.  This needs more than a line. You're working UPHILL because you ignored a claim form. You have to state this as it's true. So you're asking a court to potentially waste time on you. You haven't explained why you didn't initially respjd.  

Coupon-mad

You'd need to explain the truth - that two claims arrived at once and one was clearly nothing to do with you (not a car you've ever owned, driven, nor even recognise). 

You were expecting full Particulars of Claim and/or for the Claimant to realise their error with claim #2 and you acted promptly when you learned about the default judgments.  Given the facts and exaggerated quantum and strong defence, you are asking the court to use its discretion (cite the part of the CPRs you are relying upon for a discretionary set aside).

You will need a very sympathetic Judge because you ignored two court claims. 

But the one that has nothing to do with you makes no sense and should be set aside because this is an error by the Claimant - suing the wrong person - and the other one is for a highly exaggerated sum, with such sparse Particulars of Claim that you believe that they fail to meet the requirements of CPR 16.  There is just a total sum stated to be 'parking charges and damages' and no detail about the contractual term allegedly breached nor the basis for the claim.   You have researched and found out that, unlike most parking operators, this Claimant has never used the POFA 2012 and can never hold a registered keeper liable (at all). So, without any relevant information with the Letters before Claim or the N1 claim forms, it is impossible to glean from the sparse detail, the basis for the two claims.  Therefore, as a statement of case both claims fail CPR 16 and whilst a claim form was served, sufficient Particulars of Claim were never served.

nadiak91

Would CPR 1.3 be appropriate for my case?