3 CCJS, over 30 days. Also Default over 30 days

HelpmeNOW123

I have also just seen in the threads that DCBL tend to throw away cases. Would this be the case if amount owed to them is over 2k?

HelpmeNOW123

One of my CCJ's from DCBL is for a car wash that was in a car park in my area. I will be applying to set aside this CCJ. would my defence be okay at the fact that this is a car wash? I am looking through the steps for this and hoping the fact that I don't owe them alot wont affect me. most of them are from highview which I think my gym is willing to dispute

HelpmeNOW123

The car wash PCN i have seen on here was cancelled for some people who had the exact same issue. my only issue is that they issued me a CCJ. would it be too late to get the manager to intervene at this point? is my only option to apply for the CCJ to be set aside

Coupon-mad

HelpmeNOW123 said:

I have now completed the AOS forms for both claim forms. Is the next stage for me to look at the template defence and edit it to suit both? When should I send this to CCBCAQ? 

Great that you could still acknowledge them!  Yes use the Template Defence for both.  You are out of time so you must do that IMMEDIATELY.

Right now.  I think you are in danger of CCJs at any time so get a defence in for both. No questions, just do it.

The other case is irrelevant.

HelpmeNOW123

Thank you coupon. I will write this up and send it for review. I will let you know once this is done. Do you mean the DCBL CCJ is irrelevant?

HelpmeNOW123

I have LOC from DCBL which I am about to send an email for. I can't find a solictors email anywhere on the forum. will info@dcblegal.co.uk suffice

HelpmeNOW123

Hi All, Merry christmas first and foremost. 

I have drafted up my defence and this is what I have.  

A.    The defendant entered the car park  with the intention of parking up and paying to do so, as I have done multiple times in the past in the same car park. Upon entering the car park there were no available bays. I decided to wait to see if a bay would become available as this has been the case when I have used the car park in the past. After what I deem to be an understandable waiting time, no bays became free and I then decided to the leave the car parked in order to go into xxxxx quickly. Had a parking space been available the defendant would of course have paid and displayed.

 

B.      This is the first time the defendant had been aware of the claim forms as the address I use is the exact same as the nursery next to where she resided and often letters are misplaced.

The particulars of the claim are

The claim is for £100.00 due from the defendant for an unpaid parking charge following a contractual breach which occured on 27/07/2021 in the pricate car park land at beaufort park nw9 by the driver of *** UNKOWN registration of *******. The private land was lawfully occupied by the claimant. This displayed terms and conditions offered the driver a contractual license, which were accepted upon entry by the driver, and sub breached. drivers breach: Parking outside the markings of a bay. Despite demands the parking charge remains unpaid. The claimant also claims 60 recovery costs as set out in the terms and conditions and in the industry code of practice.

Is there anything I should add? I have read so many posts and not sure if I am missing anything. I have also left the whole defence as is with all 30 paragraphs. so sorry to disturb you all

HelpmeNOW123

for the second claim form I have amended paragraph 3 as 

A.      It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. The identity of the driver at the material time is unknown to the Defendant. The Defendant was not the only insured driver of the vehicle in question and is unable to recall who was or was not driving on a random date nearly 5 years ago.

 

B.      The Defendant was issued with a Claim Form by BW Legal acting on behalf of the Claimant Napier Parking Limited for a Total amount of £245.00 (inclusive of £35 Court Fee & £50 Legal representative's costs). Through research the Defendant has come to understand that this relates to a PCN that was issued against the Defendant’s vehicle ***** nearly 5 years ago on 4th October 2019 at Beaufort park.

 

C.      The defendant had not been aware of anything attached to the vehicle and the first they were aware of this situation was when the claim form had been delivered by the neighbours in the nursery who share the same address on 22/12/2023.

This is for a different car

Should I amend this

Coupon-mad

Get rid of the phrase 'of course' here in the first one as it reads 'would of'!

"would of course have paid and displayed."

In fact get rid of all mention of not paying & displaying, as the PPC doesn't plead it.

Get rid of B in the second one. Horrible wotding one poster wrote last year, that adds precisely nothing to a defence!

You are slotting those paragraphs in as para 4 into the over 30 paragraph hharry defence that's clearly linked in the Template Defence thread?

Coupon-mad

You could well have CCJs by now as you are way past time to defend.  Get this done today.