Parking Eye CCJ issued without knowledge

63realfan

Coupon-mad said:

BadIndian said:

What realistic chance do I have in getting this Squashed? Urgent advice please I had a look at the recommended posts and I dont think they are exactly the same as my scenario. 

None will be exactly the same.

Yours is only different because the Claim Form never arrived but the file was noted to show the right address. So you can't blame the Claimant for missing post.

Might be fairly similar to the older thread by @63realfan and someone a year ago whose name started with S (I think) that 63realfan will recall.

Your case will be argued under CPR 13.3 (court's discretion to allow you a fair chance to defend) so you need to show 2 things:

(a) - acting promptly as soon as you knew

(b) - having good prospects of defence.

You will need to put in a draft defence to support (b) and then it will be down to your Judge to decide. Which court is nearest you?

Have you exhausted CONSENT TO SET ASIDE? Cheaper & easier and ParkingEye will write the Consent Order.

Yep, - sasanova’s 👍🏻

Le_Kirk

@Sasanova and this thread: -
https://forums.moneysavingexpert.com/discussion/6337039/ccbc-claim-help-needed-for-defence#latest

BadIndian

Good afternoon I have been working flat out on this and I have now submitted it CCBCAQ@justice.gov.uk with my N244  form and draft defence. I had an acknowledgement email as per below:

Thank you for your email which may be in relation to delays you have experienced with our service. I am sorry to hear you are unhappy with the service provided by us. We understand the delays that you are currently experiencing can be frustrating and fall short of the standards you rightly expect of us. As a public service, we record all complaints and regularly review points that are raised to improve our service.

 

This service is currently undergoing a significant transition as we take on new work and expand to meet the growing needs of our customers. This means we have a large backlog of work to clear.

 

The service is focusing on reducing the volume of work in priority order and to do this we are currently prioritising resources to tackle case progression work as opposed to dealing with chase up correspondence, so we ask for your continued patience and trust that your case will be dealt with in due course.  We are aiming to recover our position by the end of the September.

 

The service has also recently introduced new procedures to make sure work is being processed as soon as possible. Please be assured that this is a result of feedback received from our customers, as we are actively looking to improve the service being offered. These procedures have seen a reduction in processing time already and further improvements are expected in the coming weeks. If you would like to track our performance please click on the link below which will take you to our latest available information.

 

The Business Centre Performance update is published weekly

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

 

Thank you for emailing the County Court Business Centre, please accept this as a receipt of your email.  Where a response is required we will endeavour to respond to your email within 10 working days (please do not re-send duplicate messages)

 If you’ve submitted a complaint, please note that the Court will aim to reply within 10 working days. (please do not duplicate complaints)

You should not come to any of our court and tribunal buildings if:

• you have coronavirus symptoms
• you have tested positive for COVID-19 or are waiting for a test result
• you have been instructed by the NHS to self-isolate

If we’re expecting you, let us know as soon as possible if you’re not coming to the court or tribunal.

 

If you should have any queries please forward to CCBC@JUSTICE.GOV.UK

 

The County Court Business Centre is a separate entity to Northampton Combined Court and therefore only deal with CCBC and Traffic Enforcement queries.   We do not deal with Family, Probate or Bankruptcy matters.

 

Guidance is accessible online 24 hours a day at

http://www.hmcourts-service.gov.uk/onlineservices2/important_info/claim_criteria.htm

 

Court staff are not legally trained.  If your query is in relation to whether you have a valid claim, we will be unable to comment on this matter.  You may wish to seek professional legal advice from a Solicitor, Legal Executive or Citizens Advice Bureau. 

 

Please note that attachments must be sent in a format supported by the software used by the specified court to which it is sent.  These formats are listed on Her Majesty’s Courts and Tribunals Service website.  Attachments sent to a specified court in a format not listed will be treated as not having been received by the court.

The time of receipt of a transmission will be recorded electronically on the transmission as it is received.

If a transmission is received after 4pm any document attached to the transmission will be treated as filed on the next day the court office is open.

If you are having problems completing an electronic form please visit the below link, it contains useful information about using Adobe which may be of assistance: https://acrobat.adobe.com/uk/en/products/about-adobe-pdf.html

 

To view an up-to-date list of our current processing and response times please visit www.gov.uk/guidance/hmcts-civil-business-centres-performance-information.

 

 

The office is closed on all bank holidays.

 

 

This message is automatically generated; please do not reply to this message.

Thank you.

BadIndian

Just a point of note I didnt file an AOS I just went straight to  CCBC@JUSTICE.GOV.UK will that be an issue?

Coupon-mad

Phone the CNBC Fees team at 8.30 sharp on Monday morning and pay the fee and check your N244 bundle arrived.  If not then you can forward it to them while on the phone.

BadIndian

Good evening gentle people, it has been a while I haven't checked in due to work pressures and prepping for interviews to try and change job. I am still waiting for the court to give me a date so in the meantime I am looking at witness statements that I could use as a guide for my scenario.

Also to note that I have another letter from the DCBL demanding payment within 14 days but I haven't responded to them. I have correspondence with the claimant and they advised that I can submit an N244 application which I told them I will be doing. Should I respond to DCBL or ignore?

Thanks in advance. 

Coupon-mad

If you submitted a N244 to set aside a CCJ surely you've already done your WS?

BadIndian

Coupon-mad said:

If you submitted a N244 to set aside a CCJ surely you've already done your WS?

What I did was use the box on the N244 to outline the sequence of events up top the point of the judgement and the actions taken after knowing about the judgement. 
Can I include additional information as part of my witness statement?

Coupon-mad

In my earlier reply I advised this:

You will need to put in a draft defence to support (b) and then it will be down to your Judge to decide. 

Surely you didn't just put in a N244 with no supporting evidence and no defence?

As the claim was correctly addressed, your chances are 50/50 anyway which is why I said a defence MUST be sent, to tip the balance.

BadIndian

Given that I didn't receive the original claim, though the Civil Business Centre confirmed that it was posted to my address, however there are discrepancies with the postal service as several persons complained about missing post so that would apply to my case where the post went to the wrong address (Post man error more likely) My neighbour received one of my letters informing me of the outstanding CCJ so I will ask her to write a statement confirming that she often gets other tenant's  mails including mine and present that as part of my evidence. Do you think this is a a good idea?