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Default judgement entered for UKPC PCN

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Comments

  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
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    edited 27 January 2023 at 5:15PM
    No.  Do a supplementary WS.

    You can't just alter the earlier one!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Ale88WL
    Ale88WL Posts: 42 Forumite
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    edited 28 January 2023 at 10:01AM
    Thanks all for the support and suggestion.

    I wrote this supplementary WS if anyone has time to have a look. As usual, any feedback is super welcomed and appreciated

    https://www.dropbox.com/s/a2un1fax9gutesx/Supplementary Witness Statement redacted.pdf?dl=0 

    Only added the costs exhibit as Pace v. Mr N. is quite well known and the Land Registry file requires too much to redact. 

    TIA
  • B789
    B789 Posts: 3,441 Forumite
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    A slightly pedantic point... "...the land where the car park resides...". Wouldn't "...the land where the car park is located..." be more grammatically apt?
  • Ale88WL
    Ale88WL Posts: 42 Forumite
    Second Anniversary 10 Posts Name Dropper
    Received yesterday the new date for the hearing (31st March). Just wanted to ask one thing they wrote there:

    Documents for the hearing

    2. The party responsible for preparing a hearing bundle is the Claimant / Applicant if they are legally represented.
    If the Claimant / Applicant is not legally represented and the Defendant / Respondent is, the responsibility for
    preparing the hearing bundle lies with the Defendant / Respondent. If no party is legally represented there is no
    requirement for any party to prepare a hearing bundle.


    5. The contents of the bundle should be agreed where possible and it should contain:
    (a) a case summary
    (b) a list of issues to be determined at the hearing
    (c) a draft order
    (d) only those documents which are essential for the court to determine the issues before it that day.

    6. Not less than 5 working days before the hearing the responsible party shall deliver the bundle to all other parties.

    7. Not less than 3 working days before the hearing the responsible party shall deliver the bundle to the court*, with
    a copy of the draft order in Word format (or equivalent), by email etc etc....

    Does it mean the Claimant has to send also the documents they received from me? I brought the WS (both the first and supplementary) directly to the Court. Just wanted to check if there is anything else to do.

    TIA
  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
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    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Ale88WL
    Ale88WL Posts: 42 Forumite
    Second Anniversary 10 Posts Name Dropper
    edited 21 February 2023 at 2:39PM
    Update: this just came through the post :) Bye bye DCB Legal and UKPC ;) 

    Would like to thank all of you for your comments and support :)

    One more thing: as we did not get our costs in the first hearing - as the Judge postponed the discussion to the adjourned hearing - is there any template to follow to write to the court for getting the compensation? 
    TIA


  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
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    edited 21 February 2023 at 4:32PM
    Not a template but look at the example in the NEWBIES thread about the costs @bluetoffee1878 got in a similar situation.  Just email the court a copy of that discontinuance - URGENTLY, today or tomorrow - and request that a Judge now grants your costs or (if the Court is unable to make that Order of its own volition) that the next hearing be listed as a 'costs hearing' to deal with the matter justly.

    You should state that the first Judge reserved the N244 application costs (£275) when setting aside the CCJ, so there can be no dispute that those fixed costs should be granted now immediately.

    But there are further costs due to attending two hearings, so the Defendant's wasted costs are £xxx and this is not a surprise to the Claimant, who was on notice from the paragraphs immediately above the statement of truth in the Defence, that full costs would be sought in the even of a discontinuance, ref the White Book annotation (quote what your defence said about that).

    Did you ever send a Costs Assessment showing some or all of your costs?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Ale88WL
    Ale88WL Posts: 42 Forumite
    Second Anniversary 10 Posts Name Dropper
    Not a template but look at the example in the NEWBIES thread about the costs @bluetoffee1878 got in a similar situation.  Just email the court a copy of that discontinuance - URGENTLY, today or tomorrow - and request that a Judge now grants your costs or (if the Court is unable to make that Order of its own volition) that the next hearing be listed as a 'costs hearing' to deal with the matter justly.

    You should state that the first Judge reserved the N244 application costs (£275) when setting aside the CCJ, so there can be no dispute that those fixed costs should be granted now immediately.

    But there are further costs due to attending two hearings, so the Defendant's wasted costs are £xxx and this is not a surprise to the Claimant, who was on notice from the paragraphs immediately above the statement of truth in the Defence, that full costs would be sought in the even of a discontinuance, ref the White Book annotation (quote what your defence said about that).
    Thanks, will do that in the morning tomorrow. 

    Did you ever send a Costs Assessment showing some or all of your costs?
    Yes, I attached that to the WS the first time and even in the copy I resent for the adjourned hearing (adding up the cost for the postage and the second hearing too). 
  • Coupon-mad
    Coupon-mad Posts: 152,788 Forumite
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    edited 22 February 2023 at 1:12AM
    OK so attach that again too and state that the Claimant was on notice of these costs because they were emailed this costs schedule on DATE and DATE (prior to the set aside hearing and the adjourned hearing).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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