County Court Judgement

hyperlime

Hello kind users,

So I was doing a defence as per newbie thread for my mum's unfair parking ticket with UKPC via DCB Legal.

We sent an email on 8th of June for the defence. On the 10th of July she recieved a county court judgement for not having filed a defence.

Now I called them on behalf of my mum, they said without the acknlowdgement email, they can't do anything and that we have to do a N244 form that costs £275! to appeal it to a judge.

I mean we have the evidence that we sent it on the 8th of June.

What do you advise us to do?

It is so frustrating

B789

Newbies/FAQ does tell you to make sure you receive a confirmation email. However, you can show in the headers of your email that it was sent but whether they accept it as any sort of evidence, who knows.

Unless you can convince them otherwise, you will have to pay the £275 to apply for a set aside under CPR 13.3 which is discretionary.

You could try a mandatory set aside under CPR 13.2 if you can convince the court that you did send the defence by email as an attachment and prove that by showing the email header. Is there any mention in the paperwork you received that mentions requiring an acknowledgement email from the CCBC if you send your defence by email as an attachment.

It is a sign of extremely poor IT implementation for the CCBC not to send an acknowledgement for some email types.

hyperlime

I forgot to mention the case is of value £293.84.

Would it better advised to just pay that or proceed with the N244 form under CPR 13.3 OR 13.2


Thanks 

milkybk

hyperlime said:

I forgot to mention the case is of value £293.84.

Would it better advised to just pay that or proceed with the N244 form under CPR 13.3 OR 13.2


Thanks 

Can you confirm she's been given a CCJ? If so, paying the claim sum won't remove the CCJ, it will just show as satisfied, which still harms your credit record. To remove a CCJ you need to go through the Set Aside process, which starts with submitting a N244. If you get the CCJ set aside, the claimant will be ordered to refund your application fee.

hyperlime

The letter is titled

"Judgment for claimant"

At the bottom it says

"To the defendant 
You have not replied to the claim form... "



Is this a CCJ?

Thanks 

B789

hyperlime said:

The letter is titled

"Judgment for claimant"

At the bottom it says

"To the defendant 
You have not replied to the claim form... "

Is this a CCJ?

Yes.      

hyperlime

Okay so now we have established that this is a CCJ and we need to fill the n244 form.

Is there any guidance on how to fill such a form here or just fill it out and attach proof of defence submission etc?

What can the outcomes be of such a CCJ?

Thanks 

B789

Do you know how to check and preserve the header of the email you sent with your defence?

For your set aside, you will need a WS and a draft defence (or the original defence).

It may be best to have costs reserved as I seriously doubt you will get them reimbursed as costs from the claimant as they have not done anything wrong (apart from being scumbag scammers and claiming fake add-on damages).

Maybe someone else here can suggest an angle whereby the CCBC is held accountable as it was their faulty system that caused this problem in the first place. Unless there is a specific warning to the recipient of the claim form that mentions the requirement to receive an acknowledgement email from them, then there could be merit in following this path.

The outcome of having the CCJ on your credit record will depend on whether you may be seeking credit at some stage in the next 6 years. It will affect everything that involves any form of credit from getting a new mobile phone contract, to a mortgage, car insurance, home insurance and so on. Think about every point in your life that has something to do with credit.

hyperlime

Thanks for the information @B789.

It's a horrible system on the defence site. My mum is not tech savvy and I would assume most people who receive such scams aren't either. 

Judging by what you said, we have to appeal it and I'll look up how to attach the header of the email or I might just screenshot the original defence email and attach it.

If I may also ask what is a WS?


And if anyone has more\different experience on the matter, please do pitch in - in the end it's just us little guys against them.

KeithP

WS = Witness Statement.

B789

hyperlime said:

Judging by what you said, we have to appeal it and I'll look up how to attach the header of the email or I might just screenshot the original defence email and attach it.

Just screenshotting the email is no good. You need to find out how to reveal the header information which will have the exact date and time you sent the email.

What email system/agent are you using? Mac or PC? iOS or Android? You can simply do a google search for how to reveal the header info for the system you are using.