Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Scottish Princess
    • By Scottish Princess 13th May 18, 1:50 PM
    • 48Posts
    • 10Thanks
    Scottish Princess
    Judgment for Claimant (In default)
    • #1
    • 13th May 18, 1:50 PM
    Judgment for Claimant (In default) 13th May 18 at 1:50 PM
    Received a letter for my daughter from County Court Business Centre at Northampton. Letter just states who Claimant is and their name and address and a PCN Number, and states, (addressed !!!8220;To the Defendant!!!8221 you have not replied to claim form. It is therefore ordered you must pay (over 200 for debt and 97 for costs.

    I have just returned from living in the States and daughter hasn!!!8217;t lived at home address for a couple of years now, but has been home for a couple of weekends.

    Should we write to the Courts asking them to provide evidence of the offense. I have read the Newbies post and composed a letter and have printed off a Defence and Counterclaim form. Should I send this as well of or instead of.

    Any advice would be greatly appreciated. TIA
    Last edited by Scottish Princess; 13-05-2018 at 1:59 PM. Reason: Spelling mistake
Page 1
    • Scottish Princess
    • By Scottish Princess 13th May 18, 2:00 PM
    • 48 Posts
    • 10 Thanks
    Scottish Princess
    • #2
    • 13th May 18, 2:00 PM
    • #2
    • 13th May 18, 2:00 PM
    Sorry about the spellings. Every time I try to edit the post, it puts more numbers and exclamation marks
    • Le_Kirk
    • By Le_Kirk 13th May 18, 2:02 PM
    • 2,660 Posts
    • 1,519 Thanks
    Le_Kirk
    • #3
    • 13th May 18, 2:02 PM
    • #3
    • 13th May 18, 2:02 PM
    Sorry about the spellings. Every time I try to edit the post, it puts more numbers and exclamation marks
    Originally posted by Scottish Princess
    Whatever device you are on - turn OFF Smart punctuation.
    • Quentin
    • By Quentin 13th May 18, 2:14 PM
    • 35,554 Posts
    • 19,751 Thanks
    Quentin
    • #4
    • 13th May 18, 2:14 PM
    • #4
    • 13th May 18, 2:14 PM
    Now she has a ccj against her she needs to decide quickly whether to pay it off in full within the month following the judgement or fight it.

    Fighting will involve a set aside hearing (application is 255 which she would expect to be refunded if she eventually were to win in a new hearing.

    Read up on set aside in the newbies FAQ thread near the top of the forum
    • Scottish Princess
    • By Scottish Princess 13th May 18, 2:53 PM
    • 48 Posts
    • 10 Thanks
    Scottish Princess
    • #5
    • 13th May 18, 2:53 PM
    • #5
    • 13th May 18, 2:53 PM
    So this is a CCJ is it. I have trawled through the advice on here, and it seems that they were meant to send out a letter before judgement, which I cannot find, we are not even sure where it was for or who was even driving. So the advice is to just give up and pay on full?
    • KeithP
    • By KeithP 13th May 18, 3:03 PM
    • 7,138 Posts
    • 6,589 Thanks
    KeithP
    • #6
    • 13th May 18, 3:03 PM
    • #6
    • 13th May 18, 3:03 PM
    It looks like your daughter has missed several letters.
    There will have been letters sent by the parking company, letters sent by debt collectors, a Letter Before Claim, possibly from a solicitor, and a Claim Form sent by the County Court Business Centre in Northampton.

    What is the address on the vehicle's Registration Document?
    That is the address where these things would've been sent.
    Was anyone checking for mail sent to that address?

    Having said that, it is wrong that the parking company has sought a default judgment without any response from the alleged debtor.
    If there is no response, they should be using a tracing service to find a current address.

    What is the date of the Judgment?
    .
    • Scottish Princess
    • By Scottish Princess 13th May 18, 3:16 PM
    • 48 Posts
    • 10 Thanks
    Scottish Princess
    • #7
    • 13th May 18, 3:16 PM
    • #7
    • 13th May 18, 3:16 PM
    Thank you for that. There have been a few letters opened about the debt from time to time, but no claim forms have been sent to put forward a defense until this CCJ
    The date on this letter is 16 April 2018. So what would be our best course of action now or is all lost? TIA
    • KeithP
    • By KeithP 13th May 18, 3:23 PM
    • 7,138 Posts
    • 6,589 Thanks
    KeithP
    • #8
    • 13th May 18, 3:23 PM
    • #8
    • 13th May 18, 3:23 PM
    Re-read Quentin's post. He has outlined the choices.

    Your daughter need to act very very quickly if she decides to pay.
    She may already be too late as tomorrow is 14 May.
    .
    • Scottish Princess
    • By Scottish Princess 13th May 18, 5:10 PM
    • 48 Posts
    • 10 Thanks
    Scottish Princess
    • #9
    • 13th May 18, 5:10 PM
    • #9
    • 13th May 18, 5:10 PM
    Well it seems that even though there is no evidence that they sent a letter before court action, and no papers to file a defense, we are left with no alternative but to pay in full. Thanks for all your helpful advice anyway
    • Coupon-mad
    • By Coupon-mad 13th May 18, 5:17 PM
    • 57,301 Posts
    • 70,914 Thanks
    Coupon-mad
    we are left with no alternative but to pay in full.
    Really, despite the NEWBIES thread telling you all about the option to set aside a CCJ? Have you read the sticky thread first?

    You do realise if she pays it too late, the CCJ STAYS ON HER RECORD FOR 6 YEARS?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • KeithP
    • By KeithP 13th May 18, 5:17 PM
    • 7,138 Posts
    • 6,589 Thanks
    KeithP
    Has your daughter adjusted her vehicle registration document yet?
    .
    • waamo
    • By waamo 13th May 18, 6:19 PM
    • 3,180 Posts
    • 4,206 Thanks
    waamo
    Twice people have told you one of the options is to apply or a st aside. Questions have been asked to clarify if makes economic sense in your position.

    Within a month of the judgement it is often pragmatic just to pay. You seem to be beyond that month window.

    You seem to have good grounds for a set aside but we can't make that call for you. Can you live with a ccj or is it worth trying for a set aside?
    This space for hire.
    • Scottish Princess
    • By Scottish Princess 13th May 18, 6:32 PM
    • 48 Posts
    • 10 Thanks
    Scottish Princess
    Thank you for that. I will contact the courts tomorrow. I just don!!!8217;t understand how they could have sent out a default letter when no forms allowing her to defend her position have been sent. I!!!8217;ve found some letters but no claim letter or any other letters from Court?
    • waamo
    • By waamo 13th May 18, 6:50 PM
    • 3,180 Posts
    • 4,206 Thanks
    waamo
    They sent a default judgment because they didn't receive a reply to the claim form. If you didn't get the form then obviously you couldn't reply.

    That's why the set aside route exists. You have the right to defend yourself. If that right is denied then you can tell the court to have the error corrected.

    Not receiving paperwork is a primary reason for a set aside being granted.
    This space for hire.
    • Scottish Princess
    • By Scottish Princess 13th May 18, 7:28 PM
    • 48 Posts
    • 10 Thanks
    Scottish Princess
    Thank you for the info about a set aside. We will pursue this route tomorrow. Extremely grateful for all the advice, even though it may not have seemed like that. Just found it a bit of a minefield. What would be the quickest way to do this, as she only had until 16th of this month?
    • Scottish Princess
    • By Scottish Princess 13th May 18, 8:31 PM
    • 48 Posts
    • 10 Thanks
    Scottish Princess
    Thank you everyone for the advice up to now. We hav decided to go for a set aside and have read a case on here about Civil Enforcement, which is my daughters claimant. Could somebody tell me if there is a form to fill in for a set aside, or do I just contact the court regarding this. I will use the info from this site to set out our defense. TIA
    • Johnersh
    • By Johnersh 13th May 18, 8:50 PM
    • 1,013 Posts
    • 1,946 Thanks
    Johnersh
    You need to apply to court on an N244. There are LOTS of threads on this, including (FWIW) some with pointers and helpful links from me.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Umkomaas
    • By Umkomaas 13th May 18, 9:31 PM
    • 17,560 Posts
    • 27,759 Thanks
    Umkomaas
    @Scottish Princess - read carefully what Johnersh tells you - he's a lawyer.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • waamo
    • By waamo 13th May 18, 10:39 PM
    • 3,180 Posts
    • 4,206 Thanks
    waamo
    Here is your new bedtime reading for a few nights. Read this very carefully https://forums.moneysavingexpert.com/showpost.php?p=64350585&postcount=2
    This space for hire.
    • Coupon-mad
    • By Coupon-mad 13th May 18, 11:09 PM
    • 57,301 Posts
    • 70,914 Thanks
    Coupon-mad
    Could somebody tell me if there is a form to fill in for a set aside
    Originally posted by Scottish Princess
    But that's all already explained in the thread I directed you to read:

    despite the NEWBIES thread telling you all about the option to set aside a CCJ? Have you read the sticky thread first?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,958Posts Today

6,934Users online

Martin's Twitter
  • It's the start of mini MSE's half term. In order to be the best daddy possible, Im stopping work and going off line? https://t.co/kwjvtd75YU

  • RT @shellsince1982: @MartinSLewis thanx to your email I have just saved myself £222 by taking a SIM only deal for £7.50 a month and keeping?

  • Today's Friday twitter poll: An important question, building on yesterday's important discussions: Which is the best bit of the pizza...

  • Follow Martin