Free Traffic Legal Advice

They think they are right, I think they are wrong. It is what it is now. I just wanted advice.

Thanks for the advice given to date. It's not easy.

It is easy, you are making it difficult. Sorry, so pl just take a deep breath.

At present this matter is procedural, pure and simple.

A claim was issued by CNBC which you did not acknowledge, something which recipients must do within a time period specified in the form otherwise risk judgment being awarded against them in default on application of the claimant.

Simple process.

Your response is equally simple: apply to the court to have the judgment set aside because you did not receive the claim.

There is no THEY in this, the matter is between you and the court because THEY didn't send the claim to you, the court did!

Edit - remember, the judge in this court is not going to determine the rights and wrongs of your substantive defence against the claim, that's for another court. So 'Now the court have accepted that and said it will be handled by Chelmsford court.' is not correct as you think, IMO it will determine the procedural issue only.

Of course it is not easy. We are trying to help but you entered this process and submitted the N244 before we were able to advise. What is done is done.

However, we are trying to assist you now but we are on the back foot until we know precisely what the PoC of the original claim were and which address was used for the claim, which you say you never received. Once we know the PoC and if an incorrect address was used, we can then put together a suitable Skeleton argument and even a Supplementary Witness Statement (SWS) that you can send to the court where the hearing is to take place so that your N244 application is up to strength and has all the necessary legal argument that is the only thing that the judge will consider.

We want you to beat this injustice but you really must help us to help you. Get on to the CNBC at 8:30 am in order to reduce the time you have to hold for them.

OP, no-one is doubting that you did not receive the claim, but what we think isn't germane, neither is repeating it here. Sorry, but this is about procedure.

You are going to court to convince a judge. You 'opponents' if any are ..the court, in the form of CNBC, and Royal Mail and the law which presumes service of a document properly addressed etc. etc.

We must be clear, is your application being heard on the papers or is it a personal hearing?

The overriding objective is fairness and you need to stress how unfair it would be to not be able to defend their claim given the strength of your case which you've summarised in your application....and if in person stress the sorry if not clear, you're a novice etc. etc. card! Also, that you've not avoided contact with the creditor as your exchange of correspondence going back ** years shows, including responding to their Letter of Claim..

So to summarise.

In carpark at 11.26
Paid one hour 11.31
Extended 2 hours 12.31
Exited carpark 14.38

That's 7 mins over. Is there not some sort of leeway in the UK on timings at all? Thought you had a few mins grace?

The address on the form is my address.

Yes and Yes

Anyone else think that this may be a bit of an uphill struggle?

Potentially - 'judge bingo' might need to play a part. I can certainly see why a judge might take some convincing that whilst all prior correspondence was received, both the Letter of Claim and Claim Form did not arrive.

I hope that the court can be persuaded to set aside anyway, in the interest of the Overriding Objective

Hopefully.

To confirm, I never received The Letter of Claim OR The Claim Form in the post. The document I posted yesterday is the first time I've seen one of them. I've never seen the other.

This afternoon, received another chase for payment of debt from DCBL Legal. We already know this will be handled by the court when they determine a date.

I still have the evidence of the parking tickets themselves, which were attached to the N244 when I responded to the Judgement. I never intended NOT to pay for parking. I did pay. I have tried to engage Euro Parks and DCB over 30 times. Not sure why those two documents were never delivered, but they weren't. I will stand behind this all in court because I have no option. They are totally dismissive of anything I send. I just have to hope that a judge will see reason on the day. I have kept everything that has been sent and responded in over three years. Shows they are determined to chase small debt down.