PCN into CCJ - all correspondence to old address.

slatmaster

Photos below:

These are all I have had after the inital PCN I replied to 2 years ago.

slatmaster

I have a letter drafted to the claimants solicitor also as per the guidance in the earlier post i referenced and have started the n244 app. Just unsure which route to go down at the moment.

Coupon-mad

Do as advised in the NEWBIES thread, first.

slatmaster

I'm not trying to be a pain but it is not clear. The thread would suggest I write the letter to the claimants solicitor giving them a 2 week deadline before I go for a set-a-side but in troublemaker22's letter he says he had zero knowledge of the claim. As I responded to the original PCN stating I rejected the invoice does this mean I can no longer do this as I have knowledge of the claim? In my case it's only the CCJ I had no knowledge of and no Letter before claim had been received? Have I lost the right essentially to that course of action and thus should I proceed directly to N244? I don't want to mistakenly skip a step. Thanks in advance.

Le_Kirk

What was @troublemaker22 asking for in the letter to the solicitor?  Was it set-aside by consent?  You can still ask for set-aside by consent, give them 14 days to reply and if they do not reply in the positive go for a contested set-aside.  You will need a good reason for them to consent.

slatmaster

So I have sent the above and have started drafting a witness statement and draft order in anticipation. I was waiting for my friend to dig out the lease for the flat which, now I have finally reviewed specifys that the car parking space is not part of the managers land but part of the lessees interest which I believe is positive for my case. I am away for the weekend but will come back in due course with the drafts.

There has been a development though. The estate agent sent through another letter yesterday dated June 11th which was a Letter before Claim giving me 30 days (now expired) before filing to the Country Court. This is for the same reason, i.e parking in my own parking spot. Any advice on what is to be done here especially as it now seems that deadline has passed or is there still a way I can prevent having this second CCJ?

@Coupon-mad should I at this point give them my new address even if one of the points I am relying on is that they served to the wrong address and didnt take reasonable effort to send to the correct one?

~Thanks for all the support so far.

Castle

slatmaster said:

So I have sent the above and have started drafting a witness statement and draft order in anticipation. I was waiting for my friend to dig out the lease for the flat which, now I have finally reviewed specifys that the car parking space is not part of the managers land but part of the lessees interest which I believe is positive for my case. I am away for the weekend but will come back in due course with the drafts.

There has been a development though. The estate agent sent through another letter yesterday dated June 11th which was a Letter before Claim giving me 30 days (now expired) before filing to the Country Court. This is for the same reason, i.e parking in my own parking spot. Any advice on what is to be done here especially as it now seems that deadline has passed or is there still a way I can prevent having this second CCJ?

@Coupon-mad should I at this point give them my new address even if one of the points I am relying on is that they served to the wrong address and didnt take reasonable effort to send to the correct one?

~Thanks for all the support so far.

Who sent you the Letter Before Claim?

slatmaster

Legal company Moorside Legal on behalf of the Parking Company

Castle

slatmaster said:

Legal company Moorside Legal on behalf of the Parking Company

So, when you wrote to them about the CCJ you gave them your current address, I presume.

slatmaster

That is correct. so they will have it now and will have done for maybe 2 days. I feel like this is time-sensitive so want to try and action the right course of action asap.

Should I also be contacting them or the parking company and asking for photos etc or not?