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Forgot to inform dvla

1235711

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    You send this form to your LOCAL court. The CCBC is NOT A COURT - its just an office.

    I had already edited it to fit. The correct is that costs are reserved, and IF they discontinue, para 2 - where those costs are reserved - cease to apply and they have to pay you. All you need to do is renumber, as I deleted 3 - it was a nonsense

    Costs reserved means no decision on costs yet, your old 3 then said costs are not reserved (becasue youve said costs to be paid to you) and your final para about para 1 ceasing to apply would have meant that Para 1 - set aside is granted - would have cewased. It obviously had to refer to para 2, which was about costs being reserved
  • Wiljuk
    Wiljuk Posts: 57 Forumite
    Thank you that's a great help. Shall amend. Thought I had to send it via email as the n244 was sent by Northampton so assumed it was go to them.
  • Wiljuk
    Wiljuk Posts: 57 Forumite
    Dumb question this may be but filling out the actual n244 in box 3 which states' hat order are you asking and why?' Do I simply put that I want 'the judgement dated xxxxxto be set aside as it was not properly served at my current address' then attach copies of Draft Order and witness statement. 3 copies of form, draft and statement.
  • KeithP
    KeithP Posts: 37,577 Forumite
    Name Dropper First Post First Anniversary
    In box 3 I would be writing something like "to set aside the judgment against me dated dd mmm yyyy because it was not properly served at my current address".

    Have you seen the N244 Guidance Notes?
  • Wiljuk
    Wiljuk Posts: 57 Forumite
    Hi all you clever lot, I've got a court date for a couple of weeks. So need to get paper work together. Do I need to just provide the legal documentation that backs up what I put in the set-a-side or is there specific things the judge will be looking for.

    Feeling a little nervous !!!55357;!!!56876;
  • Coupon-mad
    Coupon-mad Posts: 131,444 Forumite
    Name Dropper First Post Photogenic First Anniversary
    With a set aside hearing, the Judge will want to see:

    - that you acted quickly to get this set aside, as soon as you learned of the CCJ

    - that this is not just a credit cleansing attempt, e.g. desperation/a hopeless case

    - that you were there to be found, and why it's the claimant's fault for not taking any reasonable steps to find you when it was clear you were not responding so were likely to have moved in the interim time

    - that you have more than 50% likelihood of winning a defended case

    - that means taking the basis of a defence, showing the POFA Schedule 4 and why you are not liable as registered keeper at all, under any law (is this CEL, yes?). Also take Henry Greenslade's words about Understanding Keeper liability.

    Remind the Judge of this part of your draft order, at the end when the Judge confirms it is set aside, and ask for this to be included, going forward, because CEL usually don;t turn up and then discontinue, leaving consumers high and dry and £255 out of pocket, despite no keeper liability in law applying because CEL don't bother with the POFA:
    Should the Claimant discontinue the claim after the CCJ is set aside, paragraph 1 shall cease to have effect and the Claimant shall pay the defendant's costs summarily assessed at £255.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Wiljuk
    Wiljuk Posts: 57 Forumite
    Brilliant coupon mad,

    So I'll get the POFA Schedule 4 printed.
    Will phone calls and emails be proof that I acted as soon as I became aware of the CCJ?
    Although in this process I realised I had only updated my driving license and not V05 form may count against me but as soon as I realised I rectified this.
    Followed by Harry Greenslades keeper liability.

    Is it worth putting in something about the discussion in parliament to better regulate this industry?

    Most definitely will remind judge about costs.

    Thank you !!!55357;!!!56396;
  • Coupon-mad
    Coupon-mad Posts: 131,444 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Will phone calls and emails be proof that I acted as soon as I became aware of the CCJ?
    Although in this process I realised I had only updated my driving license and not V05 form may count against me but as soon as I realised I rectified this.
    So counter that mistake by showing a printout from Sir Oliver Heald and the Government where they dealt with unfair CCJs exactly like this recently and blamed parking firms for deliberately using what they must know is likely to be an old address. Show that the Government has declared this unfair.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    First Post First Anniversary Name Dropper
    Yes, also your statement must include dates of when you found out, as this is evidence. (witness evidence is of course evidence)
  • Wiljuk
    Wiljuk Posts: 57 Forumite
    Excellent will get on that. The only evidence I have is an email from clear score stating a change to my status. Which has the date email was sent and then I could access phone records from phone account to prove when I rang relevant people.
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