Court claim for parking fine

mrshamdogmum

I don't have the POC. 
I asked to set aside because I wasn't the driver, he was charging the EV car at the time and fell asleep and I think it's unfair. They have sent me a letter saying my form isn't correct the N244 but I am waiting to hear back from them because they didn't explain why its incorrect.
I didnt expect to have to pay but it didnt give me a choice to submit my responses.

I am new to this and it wasn't even me driving!

Gr1pr

its in my name as my car but I wasn't the driver!

But its your vehicle,  presumably you are or were the RK,  or the hirer or lessee, so you may be liable in law,  even if you were in Timbuktu,  not being the driver is no defence,  unfair is no defence either.  The test is that either the pcn was or is enforceable against you,  or it's unenforceable against you 



Set asides are not for unfair CCJs,  but for a legal issue like incorrect address used etc 

The CNBC are not there to give you legal advice on form filling etc, that is why people here will give you impartial free advice if you provide enough information 

Your first post back on page 1, 2 months ago,  stated that you had received a claim form,  quoted below 

Hello I have this parking fine which has now been transfer to a court claim as per attached.

You managed to login to MCOL,  so must have used the claim reference number and password from that claim form too, quite

I couldn't get logged in to reply. I went to the money claim website and did something because of the time running out

Coupon-mad

mrshamdogmum said:

I don't have the POC. 
I asked to set aside because I wasn't the driver, he was charging the EV car at the time and fell asleep and I think it's unfair. They have sent me a letter saying my form isn't correct the N244 but I am waiting to hear back from them because they didn't explain why its incorrect.
I didnt expect to have to pay but it didnt give me a choice to submit my responses.

I am new to this and it wasn't even me driving!

Right, the CNBC don't give legal advice, so no waiting to hear. You cannot wait.

You are going to have to do a proper N244 which explains why you didn't reply to the Claim Form and asks for the CCJ to be set aside under CPR 13.3.

This is all covered in the CCJ section of the second post of the NEWBIES thread.

YOU DO HAVE THE POC. Unless the Claim Form never arrived?

Car1980

mrshamdogmum said:

I don't have the POC. 
I asked to set aside because I wasn't the driver, he was charging the EV car at the time and fell asleep and I think it's unfair. They have sent me a letter saying my form isn't correct the N244 but I am waiting to hear back from them because they didn't explain why its incorrect.
I didnt expect to have to pay but it didnt give me a choice to submit my responses.

I am new to this and it wasn't even me driving!

You have submitted reasons why you don't think you owe the money instead of explaining WHY the judge should set aside the claim.

Why did you fail to respond to the court claim letter? Is it because you never received one?

mrshamdogmum

I cant find a court letter so I assume I haven't received one. 

Coupon-mad

mrshamdogmum said:

I cant find a court letter so I assume I haven't received one. 

You don't sound very sure? Wouldn't you know what post arrived last month and whether it was an envelope of CLAIM FORM paperwork from the CNBC in Northampton?

How are you getting on with the application and following the NEWBIES thread section on CCJ set asides?

DO NOT WRITE ABOUT NOT BEING THE DRIVER OR EV BAYS OR ANY STORY OR FACTS ABOUT THE PCN.

That's not what the application is for.

mrshamdogmum

I'm sorry I have frustrated everyone, I came here for advice not to be made to feel small.
I have been in hospital so haven't followed this up. I will post the letters I have tonight. 

Coupon-mad

mrshamdogmum said:

I'm sorry I have frustrated everyone, I came here for advice not to be made to feel small.
I have been in hospital so haven't followed this up. I will post the letters I have tonight. 

We are with you and just wanted to hurry you up. Please don't feel put off but we needed to prompt you in a direct way because the Judge will consider whether you 'acted promptly'.

Your application MUST go in next week.

We'll help of course but you can't delay.

I sincerely hope you are recovering well. We want to get this monkey off your back for you but it needs to be done next week.