Received a Judgment for Claimant (in default) last week & need help

Cyclegirl1968

1505grandad said:

Just checking (nothing in previous posts re hire car?)  -  Point #1 - about claimant provide info for why hire charges is consequential upon the accident etc. - is this relevant to your case?

Your first post stated  -  "I received a PCN in 2016 for a parking ticket from Highview Parking ltd, which I appealed straight away,(it was for parking in a Gala Bingo carpark where the machine wasn't accepting money ) it was in my old car,...."

It was my old car I no longer have, not a hire car

Cyclegirl1968

Castle said:

You have left your name showing on three of the four images.

I didn't realise that thanks, how do I delete or edit photo ?

Cyclegirl1968

Coupon-mad said:

I'd email a copy of the set aside order to DCBLEGAL and tell them to call their dogs off.

You can use paul@dcblegal.co.uk or danielle@dcblegal.co.uk as I think they are unfortunate enough to still work there.

Personally I would use the word dogs (even though it's an insult to dogs).

Yep its defiantly an insult to dogs! They are so desperate considering this took place 6 years ago in June this year.

So I need to send a copy of the document to one of these email addresses you mentioned?

Johnersh

The order from the court contains an error. It appears to presume that this is a road traffic claim where the claimant (usually the injured party) also seeks to recover car hire charges whilst their car is repaired.

I would expect the order to provide for witness statements. 

The service of a reply to the defence will be useful to get a much clearer idea of the claimants case. I have long held the view that the standard particulars in almost all cases are inadequate. 

Le_Kirk

You are now defending the underlying claim not the set-aside, so the defence will be for the initial PCN and/or the POC on the original claim form (N1).  The witness statement will also be for the initial claim and will support and back up the defence you should now be writing.  Always best to follow instructions from court, you don't want to get another judgment in default!

Coupon-mad

You do need to put in a new defence and a fresh witness statement (this time, about the PCN and why you are not liable/pictures of crappy signs, lack of signs, etc.).

Use the template defence, top of the forum for the defence.

See last year's example bundle of cover sheet, numbered exhibits and WS by @jrhys

stor

Cyclegirl1968 said:

Castle said:

You have left your name showing on three of the four images.

I didn't realise that thanks, how do I delete or edit photo ?

Hey,

Redact your name from the images on your phone/laptop. Then go to the post which contains the images and click setting. Click edit, and remove the current pictures and add new edited ones. 

Johnersh

@Coupon-mad there's a need for care here. The order as drawn says that the set aside application IS the defence, being good enough to defend the particulars.

In practice what seems likely is that the claimant will now expand on that in a Reply or their statement. So all that is likely to be required is a statement. 

Coupon-mad

Ah Ok, makes sense.  Do we know what within the application was effectively a defence?

Cyclegirl1968

I’ve just had a call from DCBL Legal trying to come to an agreement on payment rather than going through the courts, I panicked as wasn’t expecting it & didn’t know what to say , is this a  usual occurrence ? 

So I know now they’ve received the notification re the Set Aside