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Ongoing Claim and a Surprise CCJ

ceejay1997
Posts: 3 Newbie

Hi all, I'm looking for some advice on a CCJ I have received as well as advice an ongoing claim I'm defending from the same claimant.
At the end of August I received an N1SDT claim form, submitted by DCB Legal. I followed the advice of this forum, submitted my AOS and only recently sent my defense.
Today I received a Judgment for Claimant (in default) dated back to 16th September with a similar claim number and the exact same figure. This is legitimate as it is already showing on Clear Score. I never received an N1SDT claim form the for claim that has now gone through judgement otherwise I would have defended as I have with the most recent one.
Before I ask for advice, it is necessary to give more information: The parking violations are for private parking where there was 11 instances over a 2 week period in April 2020 which I parked in a car park and did not pay. During this period, my daughter was in hospital receiving critical care (spent her 1st birthday in hospital). During her stay, the nurses informed me that the car park opposite the hospital was free due to covid restrictions and the fact that the only visitors allowed were for parents of children receiving treatment or visitors for patients in critical care. I wrongly assumed which car park the nurse was referring to as the car park I used was apparently not the hospital one (it's 60m from the entrance of the hospital).
When the invoices came through, I spoke to the owner of the car park and the debt collection agency on the phone. As I was guilty, I explained to them the situation in the hopes they had some compassion, then offered to pay what I should have done for parking on the 11 occasions + the 'fine' from one of their invoices. This was rejected by both. At the time, I wasn't aware of official appeals processes so these phone conversations were my only method of diffusing the situation.
The letters from debt collectors stopped then restarted at the beginning of this year. I thought it was best to ignore them as the 6 year mark isn't far away.
For the claim letter I did receive, I submitted a defense via MCOL on the basis the claim was excessive and the 5 years worth of interest added was subject to their lack of action. I was careful to word this defense as to not admit to the other parking infractions during the same time period so that they don't chase me for all of them.
Based on the judgement I received today, I believe this claim letter was sent at a similar time but I 100% did not receive it. Now for my questions:
1. Is it worth appealing the CCJ on the basis I did not receive it, or is this a waste of money because they can argue I evidently received the other one? My argument is that I would have defended it just as I did with the other.
2. At £331.32 each so far, is it worth defending any future claims I might receive, or based on the facts above, would I be best to just pay them and move on (I can afford but it would take a chunk out of my savings).
Apologies for the long read, but I appreciate anyone who got this far!
At the end of August I received an N1SDT claim form, submitted by DCB Legal. I followed the advice of this forum, submitted my AOS and only recently sent my defense.
Today I received a Judgment for Claimant (in default) dated back to 16th September with a similar claim number and the exact same figure. This is legitimate as it is already showing on Clear Score. I never received an N1SDT claim form the for claim that has now gone through judgement otherwise I would have defended as I have with the most recent one.
Before I ask for advice, it is necessary to give more information: The parking violations are for private parking where there was 11 instances over a 2 week period in April 2020 which I parked in a car park and did not pay. During this period, my daughter was in hospital receiving critical care (spent her 1st birthday in hospital). During her stay, the nurses informed me that the car park opposite the hospital was free due to covid restrictions and the fact that the only visitors allowed were for parents of children receiving treatment or visitors for patients in critical care. I wrongly assumed which car park the nurse was referring to as the car park I used was apparently not the hospital one (it's 60m from the entrance of the hospital).
When the invoices came through, I spoke to the owner of the car park and the debt collection agency on the phone. As I was guilty, I explained to them the situation in the hopes they had some compassion, then offered to pay what I should have done for parking on the 11 occasions + the 'fine' from one of their invoices. This was rejected by both. At the time, I wasn't aware of official appeals processes so these phone conversations were my only method of diffusing the situation.
The letters from debt collectors stopped then restarted at the beginning of this year. I thought it was best to ignore them as the 6 year mark isn't far away.
For the claim letter I did receive, I submitted a defense via MCOL on the basis the claim was excessive and the 5 years worth of interest added was subject to their lack of action. I was careful to word this defense as to not admit to the other parking infractions during the same time period so that they don't chase me for all of them.
Based on the judgement I received today, I believe this claim letter was sent at a similar time but I 100% did not receive it. Now for my questions:
1. Is it worth appealing the CCJ on the basis I did not receive it, or is this a waste of money because they can argue I evidently received the other one? My argument is that I would have defended it just as I did with the other.
2. At £331.32 each so far, is it worth defending any future claims I might receive, or based on the facts above, would I be best to just pay them and move on (I can afford but it would take a chunk out of my savings).
Apologies for the long read, but I appreciate anyone who got this far!
0
Comments
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You need to ring the CNBC and ask about the CCJ claim:
1. what was the Issue date?
2. which address was it posted to?
3. which solicitor firm filed the claim?
4. ask for the Particulars to be emailed to you immediately.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2
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