CCJ. Parking fine sent to old address

Olive_j

@Coupon-mad how do I show I have good prospects of defending the case? I know I can prove I didn’t get the claim for and acted promptly, but how do I show good prospects of defending? 

Coupon-mad

Yes, in your shoes I would ring them and hold off the two N244s until you’ve spoken, even if that’s next week.

They will know the process better than you but you will know the prospects of success better than them.  Parking claims sent to old addresses are well known to the courts and we see every case set aside. Your solicitors won’t know that background and may well blame you for not changing the DVLA address, LOL! Clueless. 

DO NOT SAY YOU DON’T WANT TO DEFEND THE PCNS. YOU DO, TO GET THIS STAGE DONE AND THE CCJS SET ASIDE, THEN YOU CAN CONSIDER YOUR OPTIONS AFRESH. 

Coupon-mad

You say to the legal team that you fully intend to defend because you know the forum you are on see PCNs won 99% of the time and the sum is enhanced by an unrecoverable £60/£70 as well, so you are definitely defending the claims after the CCJs are set aside. 

Parking firms are out of control and the Government is actively reining them in with statutory rules due within months because self-regulation has failed to stop predatory practices.  You feel sure of your position and just need the CCJs set aside as a first step, given that neither firm took reasonable able steps to trace you before issuing the claims. This is a case of mandatory set aside under CPR 13 but you would like the legal team to file the applications x 2 for you.

Add that you are awaiting a SAR from both parking firms in order to formulate some facts into a defence but you are confident about that and don’t need help with that at the moment.

Jenni_D

I think Olive is asking how does she structure a preliminary defence to send with the N244s as she doesn't really know what she is defending against?

Olive_j

Yes, @Jenni_D is correct, I was speaking in terms of filling out the N244. This is what has stumped me. How can I give evidence of how I intend to defend the claim, once the set aside is granted, when I know nothing about the actual PCN.

Coupon-mad

I think Olive is asking how does she structure a preliminary defence to send with the N244s as she doesn't really know what she is defending against?

She doesn't send a defence with the N244s and doesn't need to tell the legal firm in detail about her defence, especially as she hasn't got the SAR back.  She merely needs to say she is confident of prospects of defending these claims and is awaiting a SAR to know the full facts - but who cares about the defence (yet) because her case is 'mandatory set aside' anyway! 

Easy one for them, all she wants is them to hand-hold the filing of the applications for her please.

Yes, @Jenni_D is correct, I was speaking in terms of filling out the N244. This is what has stumped me. How can I give evidence of how I intend to defend the claim, once the set aside is granted, when I know nothing about the actual PCN.

You don't give any evidence of how you intend to defend the claim. You already know and have been told, N244 stage is NOT about the defence.

Olive_j

Thanks @Coupon-mad. I was under the impression I needed to state how I intended to defend the underlying charge so I didn’t close it CPR 13.3. So this would come later… hopefully once I’d received the SAR?

I did read I don’t need to file the defence yet and only include info relating to set aside/ proof of moving, not the parking event. And therefore wasn’t sure whether I needed to mention it or not.

Coupon-mad

 I was under the impression I needed to state how I intended to defend the underlying charge so I didn’t close it CPR 13.3. So this would come later… hopefully once I’d received the SAR?

Yes, and you can do that later.  One step at a time.  Not needed in any shape or form, yet. 

What you are asking the insurance legal advice is this:

Can your service please file 2 x N244 for me in two parking CCJ cases that I have only just discovered and have done a lot of groundwork in 2 weeks flat.  I am confident that I meet the bar for 'mandatory set aside' but also I am aware that there is a safety net position in CPR 13.3 and I am getting full data and evidence photos from the parking firms to make sure I can tick the box the court might wat to see, as the alternative position, to show good prospects of success.  I am also acting very promptly (only discovered the CCJs this month) so am well covered for either a mandatory or discretionary set aside and just need help with the forms which are stressing me out.

Le_Kirk

Coupon-mad said:

But in my experience these legal advice teams are fairly crap! I used my legal advice service from my home insurance  to sue Monarch ten years ago - successfully - but I had to tell them what the law said and what the payout per person should be, as they understated it by hundreds of Euros! (luckily the legal firm showed me their draft letters first).

 And they told me I couldn’t claim compensation on top because the first flight was cancelled due to ‘extraordinary circs’ (ash cloud) but they were wrong and I literally had to lead them into agreeing with me due to having 2 flights cancelled.  2nd flight wasn’t extraordinary circs and I got the lot! 

Wow, that brings back memories.  I too got caught up in the ash cloud incident (also with Monarch) and I went after them and won - but then lost because the tickets (Me & Mrs Le_Kirk) had been obtained using a staff discount!

Olive_j

Coupon-mad said:

 I was under the impression I needed to state how I intended to defend the underlying charge so I didn’t close it CPR 13.3. So this would come later… hopefully once I’d received the SAR?

Yes, and you can do that later.  One step at a time.  Not needed in any shape or form, yet. 

What you are asking the insurance legal advice is this:

Can your service please file 2 x N244 for me in two parking CCJ cases that I have only just discovered and have done a lot of groundwork in 2 weeks flat.  I am confident that I meet the bar for 'mandatory set aside' but also I am aware that there is a safety net position in CPR 13.3 and I am getting full data and evidence photos from the parking firms to make sure I can tick the box the court might wat to see, as the alternative position, to show good prospects of success.  I am also acting very promptly (only discovered the CCJs this month) so am well covered for either a mandatory or discretionary set aside and just need help with the forms which are stressing me out.

Thank you for that. People outside of this forum make me feel like it’s totally hopeless. I just called the legal advice from my home insurance and she said as it was a parking fine they just needed to check my V5 and can therefore prove they’ve sent to my last known address. I did say shouldn’t they have done a soft search when they had no contact from me prior to sending out the claim forms and she said the judge will probably be happy that they sent them to the last known address on the v5 as lots of people just get the letters and ignore them. 

Yes I’m in the wrong for not updating my v5 but it’s so bloody unfair that you are then penalised with a ruined credit score when you knew nothing about it.