Parking ticket

danbevan86

So on 20th December 2022, I submitted my defence by post to the County Court Business Centre, I didn't hear anything back from the Court until I received a letter from them dated 5th January 2023. Their letter said I hadn't responded to the claim form and that they had passed judgement on me and that I had to pay VCS. I was pretty shocked at this as I'd sent them my defence and already told them I wanted to defend the claim. It appears they've completed ignored this and passed judgement on me even without sending me notice of this. 

I got in touch with them by email and said I wasnt happy about this and told them that this was an error on their part as I wished to defend the claim. They responded with:
'I’m returning it as a Judgment (CCJ) has already been entered against you.'

They then said if I wanted to dispute the claim and get the CCJ removed i'd have to fill in a N44 court application form and give reasons why I don't agree with it. They also said that there is a £275 fee to pay to have this application processed!!!! 

Think this is completely disgusting, its their error and they want me to pay £275 to fix their error!! Has this happened to anyone else? Any suggestions? Thanks 

Le_Kirk

Do you have proof of posting (why did you post it and not use e-mail)?  It is a N244 form and yes, it costs £275 unless you are on benefits or low income and get "help with fees".  If you decide to go down this route there is plenty of advice in the NEWBIE second post including posters who have had the same issue.

danbevan86

I don't unfortunately, I should have made sure it was recorded delivery. I was advised on the NEWBIE second post to send by post. Cant believe they would then charge people for their mistake!! 

Mouse007

...

danbevan86 said:

I don't unfortunately, I should have made sure it was recorded delivery. I was advised on the NEWBIE second post to send by post. Cant believe they would then charge people for their mistake!! 

No you were not advised to send by post, the second post says

"Send your defence to the CCBCAQ email address given by KeithP in all the other recent claim/defence threads we need you to read first."

and the instructions in the Template Thread are:

Submitting your defence:
Thanks to KeithP for this summary of how to submit a defence by email to the CCBCAQ email address:  

If you have no access to a scanner, then put an electronic signature in it. When you are happy with it, your defence is to be filed via email as suggested here:

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk but due to the CCBC's dysfunctional systems, only do this during working hours (a weekday) and you MUST get an acknowledgement.  Also copy in the parking firm's legal team or solicitors, whose email you can find on any other thread about the same law firm.
5. Just put the claim number (check it very carefully) and the word Defence in the email title, and in the body of the email something like 'URGENT RE CLAIM XXXXXXXX - Please find my Defence attached,
6. IMPORTANT - MAKE SURE YOU GET AN EMAIL ACKNOWLEDGEMENT BACK FROM THE CCBC!  After filing your Defence, there is more to do.

Boat_to_Bolivia

The Newbies thread advises you to email it!

Why would you even contemplate sending it by post during a time of postal strikes, especially when it was Christmas as well?

danbevan86

I followed the advice in this post by Bargepole:
https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016/p1
Where he talks about printing the defence and sending in the post. Anyway this has been done now.

I would like some advice, as far as I can see it my options are:
1) Ring up, pay the fine which is £277 (Can get CCJ set aside if within the 30 days from judgement)
2) Fill in N244 form to appeal judgement so I can defend the claim. Id have to pay £250 for this.

It's a similar cost for both options, easiest thing would be to pay the fine and get CCJ set aside. If I filled in N244 and paid for it there isnt any guarantees I'd win the defence so would end up paying the £250 for the N244 + £277 for the fine and court costs. So would be more expensive.

Is there an advantage to appealing that im not aware of?

Coupon-mad

2) Fill in N244 form to appeal judgement so I can defend the claim. Id have to pay £250 for this.

£275. It went up.

I am sorry but this was messed up and was like flushing your defence down the loo, unfortunately.  No-one should still be posting stuff to the CCBC and certainly never 5 days before Xmas during a National postage strike.

DE_612183

do you get your £275 back at any point if you win?

danbevan86

Good question but I don't believe so

Coupon-mad

Not under these circumstances, sadly.