UK PC Claims received

LionsShare

One last question regarding filling out the N244 form. Am I wanting a hearing at this point or without a hearing? Not sure which box to tick.

Coupon-mad

I'd tick for a hearing...change it if it causes a £275 fee but don't draw attention to it on the phone.

You should email this TODAY before 4.55 - hurry up - but phone in the morning now.

patient_dream

LionsShare said:

One last question regarding filling out the N244 form. Am I wanting a hearing at this point or without a hearing? Not sure which box to tick.

You want a hearing, you do not want to do mediation

LionsShare

I ran out of time yesterday and didn't want to sent anything out of business hours but all done now. N244 Applications sent x2 and I have spoken to courts who have confirmed that they have received both applications and have taken x2 payments of £14 over the phone.

Now back to filing defence for claim 4 (on time).  I actually went to my previous address to ask if any more mail had come and DCBLegal have replied to my (2nd) request for documents. Still to the wrong address even though my current address was clear on the letter I sent.  The photos they have of the vehicle are all blurry and dark and it's unclear as to whether the permit is in the windscreen or not. there's also no evidence of how long the vehicle was there so could easily have been loading / unloading which would be the reason for it not being parked in the allocated space (if it wasn't).

Thankyou for the help so far it's very much appreciated.

Coupon-mad

That's good. If HCEOs turn up now, they can't have a penny because you've paid DCBLegal under protest (can prove it) and applied to stay the writs.

Wonder if HCEOs attended your old address?

Hopefully once the case goes to your local court, a hearing will follow (if two hearings are arranged by your local court then get them amalgamated - only needs one as the facts are identical).

Priority now is defending the 4th claim.

LionsShare

Coupon-mad said:

That's good. If HCEOs turn up now, they can't have a penny because you've paid DCBLegal under protest (can prove it) and applied to stay the writs.

Wonder if HCEOs attended your old address?

Hopefully once the case goes to your local court, a hearing will follow (if two hearings are arranged by your local court then get them amalgamated - only needs one as the facts are identical).

Priority now is defending the 4th claim.

Yes they could well have turned up at the old address - my old neighbours just leave any mail out for me in their porch so I didn't get to ask them. The reason I go to my neighbours to collect it is because my old address doesn't actually exist anymore so the HCEOs would be a bit confused if they did turn up there! 

Coupon-mad

Maybe that's caused the delay!  Can't find the address!  

When defending the 4th one you will also have to email the CCBC and DCBLegal with your new address for service as you can't risk missing post.

In your application to stay the writs did you spell out your correct address for service? I am now worried the N244s x 2 will go to your local court but they'll send Directions to the old address.

LionsShare

 

Maybe that's caused the delay!  Can't find the address!  

When defending the 4th one you will also have to email the CCBC and DCBLegal with your new address for service as you can't risk missing post.

In your application to stay the writs did you spell out your correct address for service? I am now worried the N244s x 2 will go to your local court but they'll send Directions to the old address.

I have received a super fast response from the court! Letter came this morning!   General Form of Judgment or Order x2: 

IT IS ORDERED THAT
1. Consolidated with ##### (the other claim)
2. The application is listed for the ####### at ##### (hearing date)
3. All enforcement stayed pending determination of Defendants application to set aside judgment

😀😀😀

Coupon-mad

LionsShare said:

 

Maybe that's caused the delay!  Can't find the address!  

When defending the 4th one you will also have to email the CCBC and DCBLegal with your new address for service as you can't risk missing post.

In your application to stay the writs did you spell out your correct address for service? I am now worried the N244s x 2 will go to your local court but they'll send Directions to the old address.

I have received a super fast response from the court! Letter came this morning!   General Form of Judgment or Order x2: 

IT IS ORDERED THAT
1. Consolidated with ##### (the other claim)
2. The application is listed for the ####### at ##### (hearing date)
3. All enforcement stayed pending determination of Defendants application to set aside judgment

😀😀😀

That's record speed!

You can bring your car out of hiding!

Wow - all one hearing - (perfect) did you ask for that or did the Judge at the CCBC work it out without you specifically linking the two?

Or did you apply directly to your local court?

GOTTA BE WORTH £28 OF YOUR MONEY!

Now I can't promise your final outcome here but this is your chance to emulate @SoJacob and @Harvez63 who have both gone past this stage.

£5k depends in this hearing.

Is it soon?

Did the Order come to the right address?

Which court is it at?  In person?

Just a thought of one thing to do to help your position:

This will be a shock for DCBLegal when they get that Order on Monday morning, so I suggest you email them right now and state that:

(a). the N244 applications were made due to them using an old address so both claims were improperly served, and any response about ANY claim/PCN involving you must either be emailed or sent to NEW ADDRESS, and OLD ADDRESS (which no longer exists) must be erased from their database and that of their parking firm client;

and

(b). The writs are both stayed so call the dogs off; 

and

(c). They will see that payment has been made last week for both claims, only in order to protect the Defendant's credit rating but this is not an admission of liability.   The monies were paid and cleared in time (within 30 days of the CCJs).  The claims are exaggerated, meritless on facts and fall foul of the legal doctrine of cause of action estoppel and the Defendant is ready to defend them both;

and

(d).  If they have proposals to CONSENT to the two set aside applications you will be open to considering that in principle, as long as their suggested draft Order includes the Claimant acknowledging that both claims were improperly served to an old address that no longer exists, CPR 13.2 applies, the Defendant should be served with both claim forms and allowed time to defend them, and that all monies paid (£xxxx.xx in total plus 8% interest) will be repaid to the Defendant within seven days of the court ratifying the Consent Order to set aside the CCJs.  


...pm me if you want although TBH I'm not great at replying by message, I get so many!

I suggest let's keep this thread for this set aside hearing ONLY and please start a new thread if you need help with the 4th claim defence wording and timing.

LionsShare

Yes the car is back on the driveway (thankfully)

I applied directly to my local county court as that's what CCBC told me to do when I called them. Maybe that's why the response was so fast?

I didn't request the claims to be consolidated and I didn't cross-reference them so the judge must have just worked it out.

Hearing date is 16th August at Luton County Court. I'm guessing in person ...it doesn't specify.

I will send that email to DCBLegal 

Thankyou!