Struggling with templates for defence of claim for parking in a disabled space

jordylass

Sorry in the covering email with the defence. 

Coupon-mad

Which you will still have a copy of, in your sent items?  In that case you must make an urgent complaint to the CNBC. Ring them first on Monday morning to lodge your complaint and ask who to email your evidence to, that proves that the CNBC failed to note the change of service address and thus the CCJ is improper.

DO NOT ACCEPT BEING TOLD TO APPLY FOR A SET ASIDE USING FORM N244.

No. Refuse if the clerk says that. Be assertive. Demand to speak to their manager.

Find out who to email your complaint to, as you want this put right by a Judge urgently, without need for an application as it was court error.  And you want compensation for your distress, time and trouble.

jordylass

Oh, I want expecting that. I do have the email in my sent items and the defence was sent to the claimant so it was received.

I'll call them Monday, but will they compensate for they kind of error?

Coupon-mad

Loads of threads where they've paid up to £250 compo and apologised. The CNBC can't do this to you. Get angry.

Read the thread by @jag_run  for starters as he/she got compensation.

Then these cases which are more recent:

https://forums.moneysavingexpert.com/discussion/comment/80585790/#Comment_80585790


https://forums.moneysavingexpert.com/discussion/comment/80583353/#Comment_80583353

https://forums.moneysavingexpert.com/discussion/comment/80513348/#Comment_80513348

And this one includes the Complaint Form:

https://forums.moneysavingexpert.com/discussion/comment/80474975/#Comment_80474975

jordylass

Email on it's way, my claim status showed they got my defence with the email and new address on the 22nd June, which I sent on the 21st June and received acknowledgement. 

A claim was issued against you on 25/05/2023
Your acknowledgment of service was submitted on 05/06/2023 at 10:02:05
Your acknowledgment of service was received on 05/06/2023 at 12:05:19
Your defence was received on 22/06/2023
Case Stay Lifted on 12/09/2023
DQ sent to you on 12/09/2023
DQ filed by claimant on 12/09/2023
General sanctions order was made on 15/11/2023
Defence was struck out on 31/01/2024
Your defence was rejected on 31/01/2024
Case Stayed on 31/01/2024 at 19:40:07
Case Stay Lifted on 27/02/2024
A judgment was issued against you on 27/02/2024

Coupon-mad

OK so prove that the email attaching the defence told them about your new address.  Also (as an aside) prove that the Claimants had your new address even before the claim, but be VERY clear what your complaint is: CNBC error.

jordylass

I knew this had been done as the CCJ was removed from my credit file, but I have only received a response from the court today!

Their order dated 4th April only giving me 2 days to return the DQ, and I fly out of the country tomorrow for a week.

They've offered £250 compensation my credit card limit was slashed from £16000 to £800 because of the CCJ, could I ask for more compensation

IT IS ORDERED THAT

1. Judgment in Default dated 27/02/24 is set aside

2. The Defence is re-instated

3. The Defendant is to file and serve Directions Questionnaire by 25 April 2024

Because this Order has been made without a hearing, the parties have the right to apply to have the Order set aside,

varied or stayed. A party making such an application must send or deliver the application to the court (together

with any appropriate fee) to arrive within seven days of service of this Order. If the application is one which

requires a hearing, and

a) the party making the application is the Defendant; and

b) the Defendant is an individual,

then upon the filing of the application the claim will be transferred to the Defendant’s home court. In all other

cases requiring a hearing the claim will be transferred to the preferred court.

Coupon-mad

They've offered £250 compensation my credit card limit was slashed from £16000 to £800 because of the CCJ, could I ask for more compensation.

That's good! You could ask for more but I reckon about £300 is going to be the top whack.

Get that DQ emailed to the new DQ email address (see the Template Defence first 12 steps, which shows that new email address). Don't get it wrong and don't use the old one.

Email it today to the new CNBC email address.  As per that thread.