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Messages - jeezy

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1
Thank you all for the input and duly noted on providing enough substance for you all to then go and give relevant advice.

The RK ended up paying for it in this instance given the time constraints and not being able to go back and find the evidence to prove they provided driver details for this particular PCN (they have for the others)

In relation to court being satisfied what is the best way to do this and ask them to cancel entry, N433 is for an actual certificate rather than confirmation for it to be cancelled, should they be emailed with the claim No?

Thank you

2
£303 for a set aside without consent from the claimant. If you can persuade them to agree to a set aside and you cover the fee it is £109.

If you can evidence that you were out of the country or away between the date the claim was deemed served and the date of the CCJ (7th-25th October), then you can inform the claimant that you intend to apply for a set aside. If they don't agree, then you will request that costs are reserved if the claim is allowed to be re-issued after the set aside.

If you can evidence that you were away between those dates, here is a suggested letter to DCB Legal:

Quote
[Your Name and Address]
[Date]

Re: Claim No. [Claim Number] - Invitation to Consent to a Set Aside Application under CPR 13.3

Dear Sir,

I am writing regarding the above-referenced claim, issued on 2nd October 2024, in which a default judgment was obtained on 25th October 2024 in my absence. I was away between the time the claim was served and the judgment date, which prevented me from acknowledging service. As such, I intend to apply to have this default judgment set aside under CPR 13.3.

In view of the foregoing, I invite the Claimant to join with me in an application to set aside the judgment and dismiss the claim, with the Defendant paying the court fee and no order as to costs.

Please respond to the above offer as soon as possible so that, if the offer is acceptable to the Claimant, we can work together to right the wrong that the Claimant has done to me. To give you a reasonable time to take instructions and for us to agree on a suite of documents for the Court, I am willing to defer making a unilateral application to set aside the judgment until 4 pm on Monday, 11th November 2024. If a joint application has not been made by that time, I intend to instruct a solicitor to apply to the Court unilaterally for an order setting the judgment aside, striking out the particulars of claim for failure to comply with CPR 16.4, dismissing the claim, and awarding costs against the Claimant on a full indemnity basis.

Please respond by immediate return.

Yours faithfully,

[Your Name]
Defendant in Claim No. [Claim Number]

It would be worthwhile seeing if they come back with a suggested draft order.

That is fantastic thank you so much

3
Can you evidence that you were away between the date of issue of the Claim and the deadline for submitting the Acknowledgement of Service (AoS)? With an issue date of 2nd October, you had until Monday 21st October to submit the AoS which would then have given you until 4pm on Monday 4th November.

Simply telling us you "just got back from your holiday this week" doesn't give enough detail. The claim form will have been deemed served by Monday 7th October. What date were you away from?

What date did you actually get back? Was it after 25th October? If you could have done so, even if past the deadline for AoS, have submitted it up to the 25th October.

So, dates please.

If you want to apply for a set aside, you will have to do so under CPR 13.3. The claimant has not erred in applying for the CCJ in default. A set aside application under CPR 13.3 is a discretionary set aside. If you can prove you were not aware of the claim because you were away, your application should be under CPR 13.3(a) and 13.3(b)(ii).

If you were to pay the judgment amount in full before 22nd November, it would be expunged and you would not have a CCJ on your credit record for the next 6 years.

So, two choices really. Apply for a set aside, especially if you can evidence you were unable to Acknowledge service before the default CCJ or pay it and that will be the end of it.

Thank you for taking the time to explain it especially with the payment option as that was not clear. A set aside would mean a court fee payment regardless approx £300?

4
National Parking Control issued PCN which is being sent to RK

This is one of many received, and many have replied to state that the vehicle driver is not the RK and provided details.

I believed this one to have been the same as in they received the form stating the driver is someone else as did not see anything else relating to this PCN come in until the Claim form was received.

I just got back from holiday this week, working out the dates looks like past the 14 days, so have checked to see judgment served on 25th October

Attached is the front page of the claim form. I wanted to ask :

-would there be any grounds to appeal and thus should go for the set aside

-if the above is not likely, if amount claimed is paid, would the CCJ still show up or is it possible to ensure it doesn't stick?

Thank you

https://tinypic.host/image/WhatsApp-Image-2024-10-31-at-10.55.54.2YPVVu

5
Private parking tickets / Re: National Parking Control - NTK
« on: April 11, 2024, 03:25:48 pm »
Of course there would. Signage, landowner contract.

Do you mean the signage posted is not clear?

6
Private parking tickets / Re: National Parking Control - NTK
« on: April 08, 2024, 08:50:44 pm »
Would there be any grounds for appeal based on the signage and information disclosed?

7
Private parking tickets / Re: National Parking Control - NTK
« on: April 05, 2024, 08:56:49 pm »
Where is the evidence that they affixed an NtD to the windscreen? If there is no evidence of an NtD and you do not have it, then they are on thin ground for trying to hold the keeper liable for the charge.

Normally, if they are photographing the car, it should be done with the NtD in view. Have you checked their website to see if there are other photos?

Hi i checked the site and there is one picture showing the NTD on the windscreen

This is the image of the sign

https://ibb.co/fYJ24pd

8
Private parking tickets / National Parking Control - NTK
« on: April 02, 2024, 08:40:51 am »

The following was received at the Keeper address, is there a time limit to when it should be received from date of alledged incident?

Is the keeper required to inform of the driver?

https://ibb.co/mqtR2YC

9
@jeezy I've checked and they've not opened the link, and I have got a timestamped screenshot to prove it.

The key issue is whether they open it at the formal representations stage, to get to that you need to wait for the notice to owner.

Thank you for the reply, to confirm do you mean need to wait for the NTK but even at the formal rep stage if they open it, then we are essentially back to sqaure 1?

11
I have now received the following response from the council rejecting the claim

https://ibb.co/KyL4nMs

12
I have now made my submission pleading not guilty.

I have received confirmation of the submission with a date to amend anything up until 05-12

Thank you for everyone who has assisted with this

13
Thank you both for your comments.

So if I were to put nothing down and plead not guilty to both I am assuming this will be acted upon in court where the police will put forward their evidence (speed + photographic evidence).

How would a plea work if I were to accept guilty plea for the offence but not the FTP? Is it favourable to put this forward now vs waiting until court hearing?

I hope that makes sense

14
You don't have much scope unless you intend to defend the "Fail to Provide Driver's Details" (FtP) charge. As above, it is hard to see that you have a defence to that, especially when you haven't told us why the DVLA has an address where you do not live and why, with that in mind, you did not receive the notice, but you did receive the SJPN.

You can offer to plead guilty to speeding (provided you are sure  you were driving) on the condition that the FtP charge is dropped (as explained earlier). You can make this offer when returning your SJPN. Plead not guilty to both charges and make your offer in the "reasons for pleading not guilty" section. Your case will almost certainly not be handled under the SJ procedure but instead will be transferred to the normal Magistrates Court and listed for a hearing which you will have to attend.

Apologies for not making it clear, a combination of not visiting that address and thus receiving the initial notice is why i have not received it prior to the SJP.

When you state to plead not guilty for both charges what would I then put for the reasons IF i want to put myself down as the said driver when the offence was noted?

15
Thank you for the responses, please see a more accurate timeline of events for which I need to fill in a response in the next 7 days.

-Following a speeding offence recorded exceeding 30mph, as registered keeper a NIP was received sent to vehicle registered address (where I do not reside)

-Subsequent reminder notice was also sent before an SJP was received 07-11.

-Along with the SJP, photograhic evidence of the vehicle along with Witness Statement from TVP was received (see below)

https://ibb.co/v3Cy54H

https://ibb.co/gPHsNHS

-I now have a plea form to fill and return to plead guilty/not guilty to 2 offences along with mitigation and defence section to fill in (for not guilty plea)

I do believe it is likely i was driving and thus would appreciate a suitable response in line with a plea deal being put forward

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