PCN court claim received. running out of time.

[charitynjw]

Invitation on tear-off part of NtK

[charitynjw]

Privity

[Mb0411]

Thank you for your help so far.

please see the image of the POC

It sent by post and I have dealt with the AOS via mcol

thanks

[charitynjw]

Yep, usual type of robo-claim 'one-size-fits-all' PoC

[charitynjw]

One thing I should have included (& will do so now) in the defence is a rebuttal of the inflated charge.

[Mb0411]

Thanks guys!

So so I’ll just copy and paste that what you’ve put and add in the bits as required?

cheers

[Mb0411]

Just a couple of questions...



8. Also, & in the alternative, the Claimant's notice to keeper fails when compared to the Protection of Freedoms Act 2012 Schedule 4 section 9 for at least the following reasons.

a) No period of time is shown. Is this the time they say i was parked for? If so, it does say on the top right corner...



11.On the [Date] The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the [XXXXXXXXX].

I didn't, so what do i put here? I we bending the truth slightly?



Thank you.

[charitynjw]

1/ There is a difference between a stated discrete time & a period of time.

2/ So send one off.......

[Mb0411]

Ok, when would I have sent this, wen the pcn was received or this court claim?

I requested the Claimant provide copies of the [XXXXXXXXX] (what goes here?)


Sorry if I sound simple... I kind of am!

Thanks

[Mb0411]

1/ There is a difference between a stated discrete time & a period of time.

2/ So send one off.......

Ba@&*s!!

I've just gone on to start typing it our, and it seems i've missed the deadline!... It says...


A Judgment has been entered against you. You cannot respond to the claim at this time but you may apply for the judgment to be set aside.


HELP

[charitynjw]

Blimey, that was quick!

I phoned the other day & was told that they were about 10 days behind with their admin.

Your last day for filing was only yesterday. (Monday).

Phone the court 1st thing tomorrow & be persistant.

They might let you slip in.....it's worth a punt.

If not, it's going to cost £255 for an application to set-aside.....with no guarantee you'll get one.

Let us know what occurs.

[Mb0411]

It was done at 19.13 tonight. So is it automated?

As it happened in the evening, the only time i can get online to deal with this sort of thing, do i say that it was all clear when i logged in, but by the time i'd written it out and pressed submit, it said i was too late?

Failing that, i guess i just have to pay it before it gets to CCJ stage?

thanks

[charitynjw]

It sounds like it already is at CCJ stage.

Try phoning first.

If it is paid in full within a month, it won't be recorded as a CCJ.

[Mb0411]

Well that’s the end of that then

she he said I can apply to set aside, but that’s going to cost me near on the ‘fine’ and then that’s not guaranteed!

[Amethyst]

Indeed. They leapt on default judgment quick.... most likely they just put all the requests through the day after the defence was due not sure how the court deals with it but as it's all online now it must be an automated process ( 85% odd of claims go to default judgment so there's a lot to get through, be daft if it wasn't automated )

The Defence absolute deadline was Monday 1st April at 4pm by the looks of it with the claim issued on the 25th Feb, the 33 days would be Saturday, 30 March 2019, and when a date falls on a weekend you have until the Monday 4pm to file. They likely filed for default judgment Tuesday and your fate was sealed xxx

You could ask the claimant for consent to set aside which would reduce the cost of the application to £100 rather than the £255, but tbh even that isn't guaranteed to be accepted, particularly as you had received and acknowledged the claim, and could result in a hearing. So unfortunately your best option, if you can, is to pay the full judgment debt within the month to stop it going on the register and credit file for 6 years.

Just to be really annoying - the original PCN would have cost £50 had you paid within 14 days ( just you didn't mention that in your first post - only the £100 within 28 days ).

In march 2017, received a PCN stating I had parked without paying and that i owe them £100 within 28days.

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