Sudden Judgement for Claimant in default, Euro car parks / DCB Legal

Tylewcha

Hey all,

Hoping for some clarity here. Revising for final med school exams in 2 months has me fried trying to process this & the language no matter how many times I read it.

Received a 'Judgement for Claimant (in default)' 27/11, from Euro car parks, courtesy of DCB Legal. Says I haven't responded to a Claim Form - which turned up the same day, so presuming it's useless now. Tried calling CNBC today after placement for information, but with a 1 hour queue, it hit 5 & call ended.

JfC says to pay £336 - £229 for 'debt' & £107 costs, dated 21/11. Particulars say PCN was issued Oct 2020, that my ticket didn't cover date & time of parking, that £170 is damages, 8% interest, then court & legal fees etc.

Checked the Newbies thread, but in default situation isn't mentioned. I don't know if they used an old address pre-Claim Form to use this argument & letter, but guessing it's irrelevant (along with N244 attachments or chronology).

My guess is that I should I follow this Set Aside comment, even though it's now in default? Unsure what "abuse of personal details" means to consider paying £25 to counterclaim £750, or its chances?

Just applied online for Help with Fees, as I'm a student (final year grad-entry med = half the SFE loan students usually get, no job at present, no benefits, just HC2 full Health Costs Help), with >4 but <8k in shares I can't withdraw.

Want to check before I misstep! Thank you for any pointers.

Umkomaas

Can you clarify .... did you receive a County Court Claim form that you ignored/failed to respond to?

kryten3000

You'll need to follow the set aside process.  Default judgment just means you didn't respond to the claim form, difficult when it turns up on the same day as the Default notice.

Alternative is to pay the amount owed in full within the next month which will mean the CCJ is removed from the permanent record, but the set aside is the better option.

Tylewcha

Umkomaas said:

Can you clarify .... did you receive a County Court Claim form that you ignored/failed to respond to?

Failed to respond to - didn't arrive till same day as this default notice (& no other letters).

Tylewcha

kryten3000 said:

You'll need to follow the set aside process.  Default judgment just means you didn't respond to the claim form, difficult when it turns up on the same day as the Default notice.

Alternative is to pay the amount owed in full within the next month which will mean the CCJ is removed from the permanent record, but the set aside is the better option.

Thanks for the clarity! henrik777 posted this I guess I should try to use? It's linked in the newbies thread. Just tricky to decipher cause the original image it references (top of their comment) doesn't show, plus the draft order language doesn't seem right - like I'm demanding the court set it aside.

DullGreyGuy

Tylewcha said:

Umkomaas said:

Can you clarify .... did you receive a County Court Claim form that you ignored/failed to respond to?

Failed to respond to - didn't arrive till same day as this default notice (& no other letters).

What are the dates on the paperwork, or the envelopes?

Inevitably they weren't generated at the same time and whilst broadly speaking the law considers something sent 1st classed is delivered 2 days later by Royal Mail the practical reality is that a tiny proportion arent (and that percent is probably much smaller today than when the assumption was set but will never be 0)

As already explained, you either take the punt and pay to ask to have it set aside or you settle it and get on with your studies. 

Le_Kirk

Tylewcha said:

kryten3000 said:

You'll need to follow the set aside process.  Default judgment just means you didn't respond to the claim form, difficult when it turns up on the same day as the Default notice.

Alternative is to pay the amount owed in full within the next month which will mean the CCJ is removed from the permanent record, but the set aside is the better option.

Thanks for the clarity! henrik777 posted this I guess I should try to use? It's linked in the newbies thread. Just tricky to decipher cause the original image it references (top of their comment) doesn't show, plus the draft order language doesn't seem right - like I'm demanding the court set it aside.

That's right, you are "demanding" it to be removed or set aside; just search for and read a few draft orders. Also check for some recent set-aside witness statements. 

Coupon-mad

I'd get it set aside and the claim dismissed.