Author Topic: Judgement Issued For NPC PCN Can The Claim be disputed to set aside?  (Read 126 times)

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jeezy

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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

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b789

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Re: Judgement Issued For NPC PCN Can The Claim be disputed to set aside?
« Reply #1 on: October 31, 2024, 01:49:51 pm »
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.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

jeezy

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Re: Judgement Issued For NPC PCN Can The Claim be disputed to set aside?
« Reply #2 on: November 01, 2024, 07:02:39 am »
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?

b789

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Re: Judgement Issued For NPC PCN Can The Claim be disputed to set aside?
« Reply #3 on: November 01, 2024, 10:11:08 am »
£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.
« Last Edit: November 01, 2024, 10:12:41 am by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

jeezy

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Re: Judgement Issued For NPC PCN Can The Claim be disputed to set aside?
« Reply #4 on: November 02, 2024, 03:39:41 pm »
£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

roythebus

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Re: Judgement Issued For NPC PCN Can The Claim be disputed to set aside?
« Reply #5 on: November 03, 2024, 12:17:43 am »
I've just spotted the possible only benefit of the B word, your passport will be stamped upon exit and entry to the UK. Oh, the other benefit is if you get a speeding ticket abroad there's not much they can do about it unless you are stopped by the feds at the time. :)
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

H C Andersen

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Re: Judgement Issued For NPC PCN Can The Claim be disputed to set aside?
« Reply #6 on: November 03, 2024, 11:16:14 am »
This is one of many received, and many have replied to state that the vehicle driver is not the RK and provided details.

And was the NTK passed to the driver and has the driver admitted driving and been contacted by the creditor etc. etc? Is the RK a person or a company, perhaps a vehicle hire company?

b789

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Re: Judgement Issued For NPC PCN Can The Claim be disputed to set aside?
« Reply #7 on: November 03, 2024, 11:24:59 am »
The OP hasn't even bothered to answer the question about whether they were actually away between the applicable dates. Unless they can answer that, I won't be bothering wasting any more time on this. If they don't want a world of financial pain for the next 6 years, they can simply pay the CCJ by the 28 day deadline and be done with it.
« Last Edit: November 03, 2024, 04:23:02 pm by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

DWMB2

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Re: Judgement Issued For NPC PCN Can The Claim be disputed to set aside?
« Reply #8 on: November 03, 2024, 01:49:40 pm »
Jeezy, please ensure you answer any questions that are asked. If a question is asked, it is because an answer is needed to provide sound advice.

The quality of output is dependent on the quality of your input.

jeezy

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Re: Judgement Issued For NPC PCN Can The Claim be disputed to set aside?
« Reply #9 on: November 06, 2024, 05:27:34 pm »
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