Ccbc claim help needed for defence.

Le_Kirk

What did the judgment say and was it for one of the other two cases (PCNs) that you were expecting?

Sasanova

I have posted a copy of the judgment letter that says because I did not reply to the claim form I have been ordered to pay the full amount claimed plus interest and costs which comes to £560+ and it is for the other 2 PCN’s immediately after dropping the case for the first one it doesn’t make sense!!!
 I have been had by CCBC after winning against the first case fighting over 4.5 years blaming the postal strike!!!

Galloglass

 I have been had by CCBC after winning against the first case fighting over 4.5 years blaming the postal strike!!!

Not necessarily. Issues with the postal system have been going on since 1800's which is why there is the Interpretation Act. You still need to decide a) do you want to pay to stop it being a recorded CCJ or b) apply for a set aside based on you not receiving their second claim. 

Last year you were wondering why they separate these PCN's into separate cases. Now you know why. The postman is their friend.

Le_Kirk

Sasanova said:

I have posted a copy of the judgment letter that says because I did not reply to the claim form I have been ordered to pay the full amount claimed plus interest and costs which comes to £560+ and it is for the other 2 PCN’s immediately after dropping the case for the first one it doesn’t make sense!!!
 I have been had by CCBC after winning against the first case fighting over 4.5 years blaming the postal strike!!!

Did you receive claim form(s) for either of the other two cases and if so, did you reply to it/them? You could ask the CCBC when they sent it/them and to which address. What, if anything led you to believe the  other two cases were dropped? 

Sasanova

Galloglass said:

 I have been had by CCBC after winning against the first case fighting over 4.5 years blaming the postal strike!!!

Not necessarily. Issues with the postal system have been going on since 1800's which is why there is the Interpretation Act. You still need to decide a) do you want to pay to stop it being a recorded CCJ or b) apply for a set aside based on you not receiving their second claim. 

Last year you were wondering why they separate these PCN's into separate cases. Now you know why. The postman is their friend.

Well I am going to ring CCBC tomorrow and ask a few questions of my own as well as the ones suggested by Coupon-mad then will decide which way to go! On one hand after fighting tooth and nail for 4.5 years I don’t want to give in to these scammers on the other hand I am a businessman and can’t afford to risk having a CCJ registered against my name thanks to the postal strike which I fully support and CCBC judgement in my absence the scammers have the upper hand.😡🤬

B789

Sasanova said:

On one hand after fighting tooth and nail for 4.5 years I don’t want to give in to these scammers on the other hand I am a businessman and can’t afford to risk having a CCJ registered against my name thanks to the postal strike which I fully support and CCBC judgement in my absence the scammers have the upper hand.😡🤬

I suppose it depends on how much fight you feel is left in you. The CCJ set aside must be sought. If, as seems very likely, no PoC were sent or were sent to the wrong address, you are going to get it set aside and more than likely recover the cost of the set-aside.

I'm sure you can sense the support you are getting from the experts and they are going to help you to get this sorted. in the meantime, I'm sure you are doing all the necessary research needed to assist you in this.

One question I have... were the other 2 PCNs for the same car-park/infraction? If so, why were they not dealt with at the same time as the first one? There could very likely be a case of estoppel which would be likely to get the other 2 PCN cases thrown out. I will of course defer to the legal heads on here to give a much better explanation if I'm wrong.

Coupon-mad

Yes if the details of the case are similar then they second claim should never have been separately filed (the argument is that it is estopped*) and could be defeated and dismissed at the same time as getting the CCJ wiped.

*search the forum for estoppel Henderson

Sasanova

B789 said:

Sasanova said:

On one hand after fighting tooth and nail for 4.5 years I don’t want to give in to these scammers on the other hand I am a businessman and can’t afford to risk having a CCJ registered against my name thanks to the postal strike which I fully support and CCBC judgement in my absence the scammers have the upper hand.😡🤬

I suppose it depends on how much fight you feel is left in you. The CCJ set aside must be sought. If, as seems very likely, no PoC were sent or were sent to the wrong address, you are going to get it set aside and more than likely recover the cost of the set-aside.

I'm sure you can sense the support you are getting from the experts and they are going to help you to get this sorted. in the meantime, I'm sure you are doing all the necessary research needed to assist you in this.

One question I have... were the other 2 PCNs for the same car-park/infraction? If so, why were they not dealt with at the same time as the first one? There could very likely be a case of estoppel which would be likely to get the other 2 PCN cases thrown out. I will of course defer to the legal heads on here to give a much better explanation if I'm wrong.

Yes all 3 tickets are from the same Mcdonald car park within 10 days  I raised it with them in my defence that's why when they dropped the first case the other 2 was amalgamated but now I'm in a difficult position that if I go for set aside and it's turned down then not only It costs me an extra £275 but I will have a CCJ against my name which I definitely don't want. 

Coupon-mad

It won't be turned down if you didn't get the claim.

Sasanova

Coupon-mad said:

It won't be turned down if you didn't get the claim.

I did mention estoppel in my defence for the previous case before it was discontinued and of course I never received the claim from ccbc but could the judge say that they only have my word for that? Otherwise why wouldn't I reply and defend the other pcn this far into the case specially after a victory just 2 months ago.