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Judgement for claimant in default notice

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  • Judgement for claimant in default notice

    Received a N1SDT claim form (04.14) notice dated 16th April 2024 for the sum of £266.00. This is the end of an issue regarding a PCN received in a UKPC car park namely outside Matalan in Colindale NW9 for not parking within the yellow lines. All correspondence is addressed to registered keeper (my son) who has learning disabilities, car is a motability vehicle, I drive the vehicle as my son can not drive. My son recognises his name and takes letters and hides them when addressed to him if he gets to the post before me. Which he did with the majority of correspondence received so this notice did not get to my attention until the we recieved the Judgment for claimant (in default) notice dated 9th May 2024 for anew sum of £288.88. I called the courts to see what I could do to resolve the situation. Was told they cannot speak to or discuss anything with me as I’m not the defaultee. I was able to get some generalised information suggesting my son completes the N244 which makes no sense to me, and the help with fees form EX160. Please can you advise, the best way to deal with now or do we have to pay?

    Back ground information: I’ve tried to liaise with UKCP prior to this as the PCN was issued on 17/06/2023 without confirming driver details based on advice from this forum. They were not helpful in anyway as it had passed the appeal stage and were hell bent on taking it to this stage. As correspondence from different debt collectors were sent prior to this.
    Tags: None

  • #2
    Hello,

    I hope you are well.

    I understand you've received a default judgement.

    The court is correct, they won't be able to speak to you only your son. However, do you think he lacks mental capacity to conduct proceedings himself? If so you can apply to be his litigation friend.

    Sadly you have ignored the claim form, and UKPC have now obtained judgement. You can apply to set this aside using the form N244. This application has a fee of £275.00

    The form EX160 is for help with fees. Is your son in financial hardship? EX160 means that he won't need to pay the fee if he meets certain financial criteria. Here's a link to the gov website with more information on HWF.

    If he meets this critera you can apply to set aside the judgement and if you use help with fees this will either cost you nothing, or a reduced sum.

    If he doesn't meet this criteria you can still apply to set it aside but you'll need to pay the £275 fee. There's no guarantee that you will get this back even if you win your application and case it would be at the discretion of the judge.

    However, you will need to act quickly. If he doesn't sort it within 30 days he won't be able to ask for it to be removed from his credit history and it will stay for 6 years.

    If I may why did you ignore the claim form and why have you only come here despite the judgement being on the 9th?

    Get money off your court or tribunal fees if you do not have much in savings, and get certain benefits or have a low income.

    Comment


    • #3
      Hello.

      I’m well thank you. I hope you are well too.

      Thank you for your reply. The contents have been noted and I was in the process of filing in the forms both yourself and court suggested. They are completed and will be posted today.

      In answer to your question. I did not ignore the letter dated the 9th, I then had to find any other letters that were hidden by my son before moving forward. All I could do at the time was to call the courts.

      Thanks again

      Comment


      • #4
        Hello,

        I am glad you are doing well. I am well also.

        You have taken the correct steps to rectify this, and the next steps will be to send those documents to the court.

        In the meantime if you get any further communication from the claimant please do post it up and I'll do my best to advise you if you wish.

        Have a good evening!

        Comment


        • #5
          Hello,

          Thank you for your offer and I’ll be sure to reach out if I require anymore advice.

          Have a good evening too!

          Comment


          • #6
            You are more than welcome.

            Comment

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            SHORTCUTS


            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Directions Questionnaire



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            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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