CCJ. Parking fine sent to old address

Coupon-mad

Perfect, I think you must crack on with this one.  Have you added this to your witness statement: 

I sent it three weeks ago & they responded telling me to contact Gladstone’s. I received an automatic response saying I’d hear within 7 days, which I didn’t. I sent a chase up email again to both. 

henrik777

4. is surplus to requirements. At 3 you ask for dismissal. How would the claimants claim be discontinued by them if the court has already dismissed it ?

Due Diligence. Replace with "failed to show they have taken the reasonable steps required by the CPRs and used an address"

Coupon-mad

olive no need to overthink it, and a lot of what you are asking is a repeat of what you already know.

we’ve never had a 25 page thread for the preamble to sending  a N244 before, 

henrik777

Don't fixate on how many points the order has. What are you asking for, does the order ask for it ? Job done.

Claim dismissed - tick

Costs - tick

No enforcement - tick.

If you read yours, do you need 2 &3 or .....

Olive_j

Hi all. I have a telephone hearing date for next week and have a couple of questions. 

1. The draft order asked for the original PCN to be dismissed, rather than 14 days to submit a defence. Should I still prepare a defence to the original PCN incase the judge asks? 

2. If so, should I send in supporting documents for my defence to the court e.g a photograph showing poor signage etc and evidence showing the keeper wasn’t the driver? 

3. Am I required to send anything to the claimant? So far I have only sent the N244 and supporting documents to the court. 

Thank you! 

Coupon-mad

Should I still prepare a defence to the original PCN incase the judge asks? 

Yes but you don't have to send it or any evidence about the PCN or signs for this hearing.  This is about establishing that you didn't receive the claim and if asked, you'd summarise that your defence would involve (quick verbal synopsis - have some notes to read - bullet points only).  Ask the Judge to please set aside the CCJ so that you may defend the PCN as you always would have done because it is in dispute and you have evidence showing poor signage etc and evidence showing the keeper wasn’t the driver.

We've been rather busy drafting our detailed comments to the Government consultation as all posters here must do, and sharpish.  Please tell us you know about these other two threads (below) and have done both required urgent tasks?

I really hope you have done the Government Consultation and objected absolutely to ANY debt recovery fake 'costs' being added on top of a parking charge (of course) and told them what you think of them increasing charges to £130 instead of £100...which is already extortionate.

You have 5 days to do the consultation.  Please, please, do and do it by email so you attach evidence.  Spread the word, is closes within days, next week!  Everyone should do this because it will shape the new aw.

Also, I hope you've also registered for the Group Action, against the DVLA (open to anyone with a PCN since 2018?).  Gotta be in it to win it!  Nothing to lose, and it's genuine.  As long as one or both of your PCNs was since Oct 2018 you can register.

Read the threads about those important matters, they both need doing, right now, this week. 

No links, they are both current threads, easy to find and very important, and in your interests to do both. 

Olive_j

Thank you @Coupon-mad. Am I asking to defend the PCN if I have asked that the claim be dismissed and costs awarded in my favour? 

I haven’t been on the forum so haven’t seen the other two threads but I’ll check them out now. 

Coupon-mad

Am I asking to defend the PCN if I have asked that the claim be dismissed and costs awarded in my favour? 

Of course.  You know this is a 2 stage process. Kill the CCJ then kill the PCN.

You are on the forum and page one is one click back, see my signature.  One click away and you will see the 2 threads.

henrik777

If you asked for it to be dismissed then any plan b, should be available to be produced/discussed as appropriate.

If however you put it out there to start with then it could be said you are not confident in what you originally asked for or it could be taken by a judge as a soft option rather than considering your plan a.


Always have thoughts on how to proceed if things deviate from plan a. If frequently happens.

Olive_j

Thanks @henrik777. So I should stick to hoping they’ll dismiss based on the claim form not being served. Don’t submit a defence but be able to discuss a defence if asked (which I probably will be asked) - is that correct? I hope they don’t think I’m cheeky for asking for it to be dismissed instead of 14 days to submit a defence.