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I have successfully had a Claim set aside this afternoon (on the grounds that the Parking company had used ‘trace’ methods initially through DVLA and the stated this afternoon during the hearing they had used Experian, and that I had not received ANY documentation appertaining to their claim.
I received a bundle last week from the Claimant (there were no particulars of their claim within the bundle, however, I managed to file a statement to have this set aside) I asked for my N244 application fees to be paid by the claimant. The DJ Agreed. She did say that I now had to either admit or defend the claim and pointed out to the claimant that I had not had any particulars of their claim)
i received an email from the Claimant approximately one hour later asking me for my bank details so that their ‘file-handlers’ could pay the fees as ordered. They also attached two pages of their original claim.
A of background: I became aware on 21st February, 2021 of a CCJ on my credit file whilst applying for a new mortgage deal. I contacted the court the next day and they gave me some basic details on who and when this was for. The CCJ on my file was placed in November 2020. Despite my attempts to speak to the parking company by phone and email, nothing was forthcoming and so I had to submit the N244 to obtain further information.
the Claimant submitted a statement saying they had sent various correspondence over an 18 month period. Unfortunately, I was able to prove that I had moved from this address (driving Licence , mil re-direct, V5, council tax etc)., a day after this alleged contravention, therefore I had not receiving any of their correspondence, therefore rendering me unable to defend.
The legal firm acting, maintained that they used a reputable ‘tracing’ service to identify registered keepers, namely the DVLA.
it is alleged that a PCN was applied to a vehicle contravening a parking requirement at the local hospital in April 2019. (If I had been aware of this contravention at the time, even after a letter, I would have paid this without question.
The position now, is that I have to file a defence in relation to this claim, (it doesn’t make sense, original PCN was £70) Debt Recovery Letter owing £100, Notice of Enforcement £160,
now I have sight of the original claim, it is for £130 including ‘damages’ plus 8% interest, plus court fee and legal fees, amounting to just over £220).
can anyone help with next steps please - would I just file a defence, similar to the N244 Witness statement, or would I submit another defence?
I am the registered keeper of the vehicle, but I was not the driver.
Thank you
I received a bundle last week from the Claimant (there were no particulars of their claim within the bundle, however, I managed to file a statement to have this set aside) I asked for my N244 application fees to be paid by the claimant. The DJ Agreed. She did say that I now had to either admit or defend the claim and pointed out to the claimant that I had not had any particulars of their claim)
i received an email from the Claimant approximately one hour later asking me for my bank details so that their ‘file-handlers’ could pay the fees as ordered. They also attached two pages of their original claim.
A of background: I became aware on 21st February, 2021 of a CCJ on my credit file whilst applying for a new mortgage deal. I contacted the court the next day and they gave me some basic details on who and when this was for. The CCJ on my file was placed in November 2020. Despite my attempts to speak to the parking company by phone and email, nothing was forthcoming and so I had to submit the N244 to obtain further information.
the Claimant submitted a statement saying they had sent various correspondence over an 18 month period. Unfortunately, I was able to prove that I had moved from this address (driving Licence , mil re-direct, V5, council tax etc)., a day after this alleged contravention, therefore I had not receiving any of their correspondence, therefore rendering me unable to defend.
The legal firm acting, maintained that they used a reputable ‘tracing’ service to identify registered keepers, namely the DVLA.
it is alleged that a PCN was applied to a vehicle contravening a parking requirement at the local hospital in April 2019. (If I had been aware of this contravention at the time, even after a letter, I would have paid this without question.
The position now, is that I have to file a defence in relation to this claim, (it doesn’t make sense, original PCN was £70) Debt Recovery Letter owing £100, Notice of Enforcement £160,
now I have sight of the original claim, it is for £130 including ‘damages’ plus 8% interest, plus court fee and legal fees, amounting to just over £220).
can anyone help with next steps please - would I just file a defence, similar to the N244 Witness statement, or would I submit another defence?
I am the registered keeper of the vehicle, but I was not the driver.
Thank you
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