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ccj for parking fine

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Comments

  • Coupon-mad
    Coupon-mad Posts: 152,030 Forumite
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    edited 18 March 2023 at 12:51PM
    I get that.  It's why I asked you to choose.

    But stop trying to follow the usual court procedure of acknowledging a claim.  You are not doing that.  I did put a warning in capitals in a previous reply to you that (because this is post set aside) you are not following the usual CCBC procedure and are not dealing with that admin centre.

    You just do what the local Judge ordered you to do, which is to email that signed & dated defence to the local court and CEL on or before the deadline the order says. 
    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
  • rms22
    rms22 Posts: 147 Forumite
    100 Posts First Anniversary Name Dropper
    edited 18 March 2023 at 1:11PM
    I get that.  It's why I asked you to choose.

    But stop trying to follow the usual court procedure of acknowledging a claim.  You are not doing that.  I did put a warning in capitals in a previous reply to you that (because this is post set aside) you are not following the usual CCBC procedure and are not dealing with that admin centre.

    You just do what the local Judge ordered you to do, which is to email that signed & dated defence to the local court and CEL on or before the deadline the order says. 
    Ah ok thanks. Makes sense. Is the draft defence ready to email? I'd like to get this emailed asap. I've read through it.. I'm just wondering if paragraph 27 needs altering because we've removed paragraph 4 from the template defence?

    27. Pursuant to Schedule 4 paragraph 4(5) of the Protection of Freedoms Act 2012 ('the POFA') the sum claimed exceeds the maximum potentially recoverable from a registered keeper, even in cases where a firm may have complied with other POFA requirements (adequate signage, Notice to Keeper wording/dates, and a properly communicated 'relevant contract/relevant obligation').  If seeking keeper/hirer liability - unclear from the POC - the Claimant is put to strict proof of full compliance and liability transferred. 
  • B789
    B789 Posts: 3,441 Forumite
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    Paraa 27 just covers the fact, irrespective if they are chasing the driver or RK that the sum claimed is in breach of POFA 2012.
  • rms22
    rms22 Posts: 147 Forumite
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    edited 18 March 2023 at 2:10PM
    In the email should I put the subject heading 'URGENT RE CLAIM XXXXXXXX - Please find my Defence attached'

    Should I attach the defence from the previous page as a PDF, signed with an electronic signature and dated?

    In the content of the email would the following be ok:

    Dear Sir/Madam,

    Please find attached my defence in reference to claim number XXXXX

    Yours faithfully



  • Coupon-mad
    Coupon-mad Posts: 152,030 Forumite
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    Yes that's all fine and your defence is all good.  Just don't send it to the CCBC.  Only to the local court hearings email address and CEL.
    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
  • rms22
    rms22 Posts: 147 Forumite
    100 Posts First Anniversary Name Dropper
    Yes that's all fine and your defence is all good.  Just don't send it to the CCBC.  Only to the local court hearings email address and CEL.
    Thanks. Email sent.
  • rms22
    rms22 Posts: 147 Forumite
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    I'm now worried that the chances of a discontinuation have been shot as there's no pofa protection

    Trying to find a claim at this site which has been discontinued with the defendant being 'rk and driver' doesn't seem to exist :neutral:  
  • Coupon-mad
    Coupon-mad Posts: 152,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Doesn't matter. Defending is a no-brainer and there's nowt to lose.   
    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
  • rms22
    rms22 Posts: 147 Forumite
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    Will I get an N180 form with it having been a set aside? 
  • Le_Kirk
    Le_Kirk Posts: 24,588 Forumite
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    edited 21 March 2023 at 4:06PM
    If this is a defence being sent after a successful set-aside, there should be no need for a N180 as you are already dealing with a local court.

    ETA to add "no" Doh!
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