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#Post#: 43265--------------------------------------------------
Judgement Issued For NPC PCN Can The Claim be disputed to set
aside?
DIR By: jeezy
Date: October 31, 2024, 5:58 am
---------------------------------------------------------
National Parking Control issued PCN which is being sent to RK
This is one of many received, and many have replied to state
that the vehicle driver is not the RK and provided details.
I believed this one to have been the same as in they received
the form stating the driver is someone else as did not see
anything else relating to this PCN come in until the Claim form
was received.
I just got back from holiday this week, working out the dates
looks like past the 14 days, so have checked to see judgment
served on 25th October
Attached is the front page of the claim form. I wanted to ask :
-would there be any grounds to appeal and thus should go for the
set aside
-if the above is not likely, if amount claimed is paid, would
the CCJ still show up or is it possible to ensure it doesn't
stick?
Thank you
HTML https://tinypic.host/image/WhatsApp-Image-2024-10-31-at-10.55.54.2YPVVu
#Post#: 43306--------------------------------------------------
Re: Judgement Issued For NPC PCN Can The Claim be disputed to
set aside?
DIR By: b789
Date: October 31, 2024, 8:49 am
---------------------------------------------------------
Can you evidence that you were away between the date of issue of
the Claim and the deadline for submitting the Acknowledgement of
Service (AoS)? With an issue date of 2nd October, you had until
Monday 21st October to submit the AoS which would then have
given you until 4pm on Monday 4th November.
Simply telling us you "just got back from your holiday this
week" doesn't give enough detail. The claim form will have been
deemed served by Monday 7th October. What date were you away
from?
What date did you actually get back? Was it after 25th October?
If you could have done so, even if past the deadline for AoS,
have submitted it up to the 25th October.
So, dates please.
If you want to apply for a set aside, you will have to do so
under CPR 13.3. The claimant has not erred in applying for the
CCJ in default. A set aside application under CPR 13.3 is a
discretionary set aside. If you can prove you were not aware of
the claim because you were away, your application should be
under CPR 13.3(a) and 13.3(b)(ii).
If you were to pay the judgment amount in full before 22nd
November, it would be expunged and you would not have a CCJ on
your credit record for the next 6 years.
So, two choices really. Apply for a set aside, especially if you
can evidence you were unable to Acknowledge service before the
default CCJ or pay it and that will be the end of it.
#Post#: 43447--------------------------------------------------
Re: Judgement Issued For NPC PCN Can The Claim be disputed to
set aside?
DIR By: jeezy
Date: November 1, 2024, 2:02 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Can you evidence that you were away between the date of issue
of the Claim and the deadline for submitting the Acknowledgement
of Service (AoS)? With an issue date of 2nd October, you had
until Monday 21st October to submit the AoS which would then
have given you until 4pm on Monday 4th November.
>
> Simply telling us you "just got back from your holiday this
week" doesn't give enough detail. The claim form will have been
deemed served by Monday 7th October. What date were you away
from?
>
> What date did you actually get back? Was it after 25th
October? If you could have done so, even if past the deadline
for AoS, have submitted it up to the 25th October.
>
> So, dates please.
>
> If you want to apply for a set aside, you will have to do so
under CPR 13.3. The claimant has not erred in applying for the
CCJ in default. A set aside application under CPR 13.3 is a
discretionary set aside. If you can prove you were not aware of
the claim because you were away, your application should be
under CPR 13.3(a) and 13.3(b)(ii).
>
> If you were to pay the judgment amount in full before 22nd
November, it would be expunged and you would not have a CCJ on
your credit record for the next 6 years.
>
> So, two choices really. Apply for a set aside, especially if
you can evidence you were unable to Acknowledge service before
the default CCJ or pay it and that will be the end of it.
>
--- End Quote ---
Thank you for taking the time to explain it especially with the
payment option as that was not clear. A set aside would mean a
court fee payment regardless approx £300?
#Post#: 43460--------------------------------------------------
Re: Judgement Issued For NPC PCN Can The Claim be disputed to
set aside?
DIR By: b789
Date: November 1, 2024, 5:11 am
---------------------------------------------------------
£303 for a set aside without consent from the claimant. If you
can persuade them to agree to a set aside and you cover the fee
it is £109.
If you can evidence that you were out of the country or away
between the date the claim was deemed served and the date of the
CCJ (7th-25th October), then you can inform the claimant that
you intend to apply for a set aside. If they don't agree, then
you will request that costs are reserved if the claim is allowed
to be re-issued after the set aside.
If you can evidence that you were away between those dates, here
is a suggested letter to DCB Legal:
--- Quote ---
> [Your Name and Address]
> [Date]
>
> Re: Claim No. [Claim Number] - Invitation to Consent to a Set
Aside Application under CPR 13.3
>
> Dear Sir,
>
> I am writing regarding the above-referenced claim, issued on
2nd October 2024, in which a default judgment was obtained on
25th October 2024 in my absence. I was away between the time the
claim was served and the judgment date, which prevented me from
acknowledging service. As such, I intend to apply to have this
default judgment set aside under CPR 13.3.
>
> In view of the foregoing, I invite the Claimant to join with
me in an application to set aside the judgment and dismiss the
claim, with the Defendant paying the court fee and no order as
to costs.
>
> Please respond to the above offer as soon as possible so that,
if the offer is acceptable to the Claimant, we can work together
to right the wrong that the Claimant has done to me. To give you
a reasonable time to take instructions and for us to agree on a
suite of documents for the Court, I am willing to defer making a
unilateral application to set aside the judgment until 4 pm on
Monday, 11th November 2024. If a joint application has not been
made by that time, I intend to instruct a solicitor to apply to
the Court unilaterally for an order setting the judgment aside,
striking out the particulars of claim for failure to comply with
CPR 16.4, dismissing the claim, and awarding costs against the
Claimant on a full indemnity basis.
>
> Please respond by immediate return.
>
> Yours faithfully,
>
> [Your Name]
> Defendant in Claim No. [Claim Number]
--- End Quote ---
It would be worthwhile seeing if they come back with a suggested
draft order.
#Post#: 43639--------------------------------------------------
Re: Judgement Issued For NPC PCN Can The Claim be disputed to
set aside?
DIR By: jeezy
Date: November 2, 2024, 10:39 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> £303 for a set aside without consent from the claimant. If you
can persuade them to agree to a set aside and you cover the fee
it is £109.
>
> If you can evidence that you were out of the country or away
between the date the claim was deemed served and the date of the
CCJ (7th-25th October), then you can inform the claimant that
you intend to apply for a set aside. If they don't agree, then
you will request that costs are reserved if the claim is allowed
to be re-issued after the set aside.
>
> If you can evidence that you were away between those dates,
here is a suggested letter to DCB Legal:
>
> [quote][Your Name and Address]
> [Date]
>
> Re: Claim No. [Claim Number] - Invitation to Consent to a Set
Aside Application under CPR 13.3
>
> Dear Sir,
>
> I am writing regarding the above-referenced claim, issued on
2nd October 2024, in which a default judgment was obtained on
25th October 2024 in my absence. I was away between the time the
claim was served and the judgment date, which prevented me from
acknowledging service. As such, I intend to apply to have this
default judgment set aside under CPR 13.3.
>
> In view of the foregoing, I invite the Claimant to join with
me in an application to set aside the judgment and dismiss the
claim, with the Defendant paying the court fee and no order as
to costs.
>
> Please respond to the above offer as soon as possible so that,
if the offer is acceptable to the Claimant, we can work together
to right the wrong that the Claimant has done to me. To give you
a reasonable time to take instructions and for us to agree on a
suite of documents for the Court, I am willing to defer making a
unilateral application to set aside the judgment until 4 pm on
Monday, 11th November 2024. If a joint application has not been
made by that time, I intend to instruct a solicitor to apply to
the Court unilaterally for an order setting the judgment aside,
striking out the particulars of claim for failure to comply with
CPR 16.4, dismissing the claim, and awarding costs against the
Claimant on a full indemnity basis.
>
> Please respond by immediate return.
>
> Yours faithfully,
>
> [Your Name]
> Defendant in Claim No. [Claim Number]
--- End Quote ---
It would be worthwhile seeing if they come back with a suggested
draft order.
[/quote]
That is fantastic thank you so much
#Post#: 43695--------------------------------------------------
Re: Judgement Issued For NPC PCN Can The Claim be disputed to
set aside?
DIR By: roythebus
Date: November 2, 2024, 7:17 pm
---------------------------------------------------------
I've just spotted the possible only benefit of the B word, your
passport will be stamped upon exit and entry to the UK. Oh, the
other benefit is if you get a speeding ticket abroad there's not
much they can do about it unless you are stopped by the feds at
the time. :)
#Post#: 43709--------------------------------------------------
Re: Judgement Issued For NPC PCN Can The Claim be disputed to
set aside?
DIR By: H C Andersen
Date: November 3, 2024, 5:16 am
---------------------------------------------------------
This is one of many received, and many have replied to state
that the vehicle driver is not the RK and provided details.
And was the NTK passed to the driver and has the driver admitted
driving and been contacted by the creditor etc. etc? Is the RK a
person or a company, perhaps a vehicle hire company?
#Post#: 43712--------------------------------------------------
Re: Judgement Issued For NPC PCN Can The Claim be disputed to
set aside?
DIR By: b789
Date: November 3, 2024, 5:24 am
---------------------------------------------------------
The OP hasn't even bothered to answer the question about whether
they were actually away between the applicable dates. Unless
they can answer that, I won't be bothering wasting any more time
on this. If they don't want a world of financial pain for the
next 6 years, they can simply pay the CCJ by the 28 day deadline
and be done with it.
#Post#: 43736--------------------------------------------------
Re: Judgement Issued For NPC PCN Can The Claim be disputed to
set aside?
DIR By: DWMB2
Date: November 3, 2024, 7:49 am
---------------------------------------------------------
Jeezy, please ensure you answer any questions that are asked. If
a question is asked, it is because an answer is needed to
provide sound advice.
The quality of output is dependent on the quality of your input.
#Post#: 44255--------------------------------------------------
Re: Judgement Issued For NPC PCN Can The Claim be disputed to
set aside?
DIR By: jeezy
Date: November 6, 2024, 11:27 am
---------------------------------------------------------
Thank you all for the input and duly noted on providing enough
substance for you all to then go and give relevant advice.
The RK ended up paying for it in this instance given the time
constraints and not being able to go back and find the evidence
to prove they provided driver details for this particular PCN
(they have for the others)
In relation to court being satisfied what is the best way to do
this and ask them to cancel entry, N433 is for an actual
certificate rather than confirmation for it to be cancelled,
should they be emailed with the claim No?
Thank you
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