Claim Form Sent to Previous Address

[RhythmStick]

Thanks charitynjw I will send an emailed reminder asap. Do you think it's ok to send this via DCB Legal website ' Defendant enquiry Form?' I don't have permission to email them.

Will then email my x2 holding defences to court - both with a cross ref. to the other. Wondering if I should also reference the previous (third) claim that was paid (triple bubble) ?

[RhythmStick]

charitynjw Have just checked MCOL and judgement was entered against me for both claims on 9th June! I got my dates wrong ....what do I do?

[RhythmStick]

Claim issued 2nd May, claim acknowledged 18th. I thought I had 28 days from acknowledgement before filing defence??

[echat11]

charitynjw Have just checked MCOL and judgement was entered against me for both claims on 9th June! I got my dates wrong ....what do I do?

You will need to get the Judgments set a side, use from N244, there is a fee / fees to be paid. But wait for Charitynjw to respond.

[RhythmStick]

I've also had another claim form handed to me today by my old neighbour who has been given the mail from my old address. Exactly the same PofC just different dates. This one for £459.68.

I am a small business - I park at this address because we manage and maintain the flat here. We've purchased x2 permits from the managing company for the block and I remind the drivers to display the tickets but they sometimes forget and can't always park in the allocated bay as they need to be closer to the building in order to transport tools / materials up to the flat. Sometimes they say that they park outside (with the permit displayed), quickly take their tools / materials up to the flat, come straight down to move the van and by the time they come down there is a ticket on the windscreen. The ticket inspector known the vehicles and knows who we are and what we're doing but it makes no difference. There is nothing I can do about it, the managing company don't care.

I have already paid in the region of £500 to these people because the ccj popped up on my (otherwise clean) credit rating. Now I have x2 more ccjs for over £5000 in total, and now a further claim for £459. I can't afford to pay any of it and I now won't be able to obtain any funding for my business which could mean my business that I've worked so hard to build up will not survive.

Sorry for the rant

[charitynjw]

Claim issued 2nd May, claim acknowledged 18th. I thought I had 28 days from acknowledgement before filing defence??

No.

33 days from the claim issue date.

[RhythmStick]

No.

33 days from the claim issue date.

Yes I realise my mistake now. Is there anything I can do?

[charitynjw]

I've also had another claim form handed to me today by my old neighbour who has been given the mail from my old address. Exactly the same PofC just different dates. This one for £459.68.

Why was it sent to an old address?
What is the issue date?
Acknowledge it anyway if you can.

I am a small business - I park at this address because we manage and maintain the flat here. We've purchased x2 permits from the managing company for the block and I remind the drivers to display the tickets but they sometimes forget and can't always park in the allocated bay as they need to be closer to the building in order to transport tools / materials up to the flat. Sometimes they say that they park outside (with the permit displayed), quickly take their tools / materials up to the flat, come straight down to move the van and by the time they come down there is a ticket on the windscreen. The ticket inspector known the vehicles and knows who we are and what we're doing but it makes no difference. There is nothing I can do about it, the managing company don't care.

We would need to see all of the PCNs.

I have already paid in the region of £500 to these people because the ccj popped up on my (otherwise clean) credit rating. Now I have x2 more ccjs for over £5000 in total, and now a further claim for £459. I can't afford to pay any of it and I now won't be able to obtain any funding for my business which could mean my business that I've worked so hard to build up will not survive.

Sorry for the rant

If all of the PCNs are for a short while (eg, reasonable time for loading or unloading) there may be a suitable defence.
Evidence is king in these situations....you'll need to get any & all evidence held by the parking company for each & every PCN, esp if photos ate timestamped.

[RhythmStick]

Thankyou charitynjw I have requested information from DCB Legal via letter and also reminded them via email but have not received any documents.

All paperwork was sent to previous address and I did not keep any of the pcn's at the time. Vehicles were registered to my previous address but that was changed to new address and DVLA were also informed when address changed.

My question is as follows:

1. What do I do about the x2 recent ccjs obtained due to missing the deadline to file defence? I cannot afford to pay them. Can I apply to get the Judgments set aside, using from N244? If so under what grounds? (considering I acknowledged and also sent a letter & reminder requesting documents)
2. Should I still file my holding defence to the court even though I've missed the deadline?
3. What are the best next steps?

Thanks all

[RhythmStick]

I have been advised that I cannot set aside the judgements as I acknowledged the claims so my only option is to pay (which I can't do as I simply don't have it.)

[charitynjw]

I have been advised that I cannot set aside the judgements as I acknowledged the claims so my only option is to pay (which I can't do as I simply don't have it.)

Advised by who?

[RhythmStick]

Advised by who?

Just another forum. I am told that I have no grounds to set the CCJs aside because I acknowledged the claims which shows that they were served correctly.

[RhythmStick]

I've also spoken to a solicitor this morning who advised the same. She said courts are very black and white - AOS shows that papers were served correctly and its a simple case of defence wasn't filed on time so they will 99% likely not set it aside. I guess at this point my options are:

1. pay it within 30 days and no ccj on my record (not an option as I don't have a spare £5000 sitting around)
2. Apply and pay for x2 for set asides but very high risk of it not going through due to the fact that I acknowledged claims - then I will have ccjs for 6 years
3. Do nothing. - ccjs for 6 years

If the set aside application is not granted will they still allow a short time for me to pay the judgment in order to remove it?

[charitynjw]

I've also spoken to a solicitor this morning who advised the same. She said courts are very black and white - AOS shows that papers were served correctly and its a simple case of defence wasn't filed on time so they will 99% likely not set it aside. I guess at this point my options are:

1. pay it within 30 days and no ccj on my record (not an option as I don't have a spare £5000 sitting around)
2. Apply and pay for x2 for set asides but very high risk of it not going through due to the fact that I acknowledged claims - then I will have ccjs for 6 years
3. Do nothing. - ccjs for 6 years

If the set aside application is not granted will they still allow a short time for me to pay the judgment in order to remove it?

Denton?

[RhythmStick]

Denton?

No.

Do you disagree with this?

Just trying to decide what my next move should be after my epic fail with dates.

Its also been suggested my best option is to pay the x2 judgements in full within 30 days and then counterclaim, given I have to defend a 4th case and will get a hearing anyway (at their expense!).