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Judgement set aside PCN CHARGE

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  • #1

    Judgement set aside PCN CHARGE

    Hi
    l have applied to set aside a CCJ regarding a PCN
    l would like some help in a defence please if anyone can help.

    l received a court summons to pay a parking charge
    l replied that I had received the notice of service but did not provide a defence at the time.
    l requested a SAR From DCBL which arrived two days before the time limit on the judgement​​​​​​,
    So l was unable to put in a defence claim as the judgement was now live
    For some reason l was unable to apply a defence online so l sent a N244 form and also EX160 as well by registered post
    Cnbc say they have not received or have lost the paperwork so the claim went through to DCBL

    I have today received a defence claim from DCBL saying judgement to set aside should not be allowed
    l feel that the SAR was deliberately delayed and also the lost forms have not helped regarding this matter.
    l have attached a copy of the letter from them
    Can anyone help me with a defence claim please as it now is getting on a cost of up to £500 plus ,
    https://imgur.com
    Tags: None
  • #2
    https://imgur.com/a/wYDu2yq

    court hearing is on 20/11/24
    any help appreciated
    https://imgur.com

    Comment

    • #3
      In your earlier thread you stated you sent in a defence two days before due date.
      This was based mainly on the fact that the land involved was not relevant land for the purposes of POFA

      Their delay in responding to an SAR (did you not send a CPR31.14 request) should not have delayed you submitting a defence, part of which would have been their failure or delay to respond timeously.

      As long as you have not identified the driver your original defence should suffice as a basis for your defence now but
      regret can't advise further as your original PCN is no longer available to view,
      Also of course we don't know what your original full defence was.
      • 1 thank

      Comment

      • #4
        Just a heads up
        Thankyou to everyone who tried to help regarding this it was much appreciated

        However judge refused to set aside as he said Pofa 2012 4 is not a defence.
        He quoted Bevis v Parking eye as an example
        cheers
        live to fight another day

        Comment

        • #5
          Sorry 2018

          Comment

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