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Default Judgement after missing directions questionnaire deadline by 1 day

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  • Default Judgement after missing directions questionnaire deadline by 1 day

    Hi,

    As some background, I successfully defended a parking charge from VCS ac outlet of years ago, with the judge agreeing that they had no agreement that superseded my right to park in the works car park under my employers lease agreement. VCS were brought in way after we moved there, resulting in lots and lots of tickets being issued.

    A year after proving they had no grounds to charge, they issued on another 2 tickets, from the same time period (I'm guessing before they hit 6 years), which I've now been dealing with.

    This is where the headache starts- I received no directions questionnaire, then received a notice that my defense had been struck out. I rang and informed them that I had never received anything (and was waiting for it, as i already have my defense lined up), they resent by email for both claims and gave me a deadline of 29th December to resubmit. Meantime a contract covid, quickly scramble to submit, but miss the deadline by a day (or 9hrs really).
    I was told by the court to submit an N244 form to have my defense reinstated.
    Received an email on 24th to call and pay for submission of the forms (2x£108), but when ive called today to do that theuve advised default judgement has now been made (on 24th) and that I need to submit another 2 forms to strike out judgement and reinstate my defense......but the price has gone up to £275 each form (judgement is £300 each claim.

    I realise that missing the deadline, whatever the reason, is on me......but is there anything I can do other than paying the equivalent of the claimed amounts to argue? It seems crazy that they've defaulted judgement on both, knowing I had submitted N244 forms.....

    As it stands, I'm thinking I'll end up paying the slightly more amount to VCS to end the whole thing, but it just sticks in my throat that I'm forced to pay it, knowing and proving it is unlawful, with the only alternative being pay the court a similar amount to be able to argue that.

    Any advice would be much appreciated......is it really a case of pay VCS or pay the court now?

    Thanks,
    Simon
    Tags: None

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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



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





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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