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#Post#: 46912--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: stickycactus22
Date: November 25, 2024, 5:20 am
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Yes I spoke to the CNBC and they claim it is 2 separate claims.
Mcol history includes the one that is relevant in this post
ending the T7J which has AoS submitted and is onto the defence.
Mcol history doesn't include T6J which has CCJ issued. Guess I
will cough up 277 quid.
I'm on my phone and mcol website is shit on mobile phones.
#Post#: 46914--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: b789
Date: November 25, 2024, 5:37 am
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But did you receive the claim form for the other case? If you
did and you mixed up, you can apply for a set aside.
If you log into MCOL with the other claim number, does it appear
there? You should be able to see al claims against you when you
log into MCOL.
Why would you not respond to a claim if you have already done so
for a separate one against the same claimant?
We need an answer to that if you want to avoid paying out to
this nasty vexatious operator.
Did you ask for a copy of the PoC of the other claim to
determine what the date of the alleged contravention was?
#Post#: 46915--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: stickycactus22
Date: November 25, 2024, 5:44 am
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I log into Mcol with an email and password, then I enter the
claim number and defence pack password. In this case, I do not
have a defence pack password.
These claim forms are being sent to my fathers house, I suspect
he thought the claims were duplicates because of very similar
claim no.
I'm not sure how to log in with a claim number..
#Post#: 46916--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: b789
Date: November 25, 2024, 5:49 am
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Well, that's unfortunate. Are you saying that your car is
registered to your father's address? Do you receive any mail
addressed to you at that address within a day or so?
Does you father have a copy of the other claim form?
#Post#: 46917--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: stickycactus22
Date: November 25, 2024, 5:51 am
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Yes my car is registered there as I have moved out fairly
recently..
He's currently at work but will check if he has the other form.
Would it still be possible to dispute the ccj or do I just cough
it up?
#Post#: 46921--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: b789
Date: November 25, 2024, 6:08 am
---------------------------------------------------------
It will depend on why the other claim was not responded to. If
there is a possibility that it was mistaken as a duplicate of
the other claim, you'd have to convince a judge of that. A
single digit difference in the claim number from the same
claimant could be an excuse.
The point is, you have already defended a claim by the same
claimant, so why would you not defend a second claim. The
Overriding Objective is that you would have a reasonable
prospect of successfully defending the claim and would have
defended it.
The only issue is that it will cost you £303 to apply for the
set aside with no guarantee that it would be successful. It
would be applied for under CPR 13.3 and there is case law that
supports any claim being set aside as part of the Overriding
Objective should be granted.
You could ask that the application fee costs be reserved pending
the outcome of the claim being successfully defended which means
that if you are subsequently successful with your defence, the
application fee would be paid by the claimant. They are likely
to try and resist because they have done nothing wrong by
applying for a default CCJ as the claim was not even
acknowledged or defended and they sent all the correspondence to
the correct address (as you have stated, you are using your
fathers address for service).
There is a possibility that the court would grant the set aside
but that the claim has to be defended and they do not award the
application fee against the claimant. So, you'd already be £303
down and still having to defend the claim.
Whilst the claim is easily defended and has a very good prospect
of being successful, it is not guaranteed. By paying the CCJ in
full before 18th December, it will be expunged from the record
and that will be the end of it.
#Post#: 46936--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: stickycactus22
Date: November 25, 2024, 7:15 am
---------------------------------------------------------
Really unfortunate regarding that T6J claim, I guess I will just
cough up 277 and get it over and done with as it's not worth
spending 303 and then potentially not even getting it disputed..
we fight the T7J one though.
Thanks for your help, very much appreciate it.
#Post#: 47112--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: b789
Date: November 26, 2024, 9:59 am
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Can you please confirm that we are definitely discussing two
separate incidents? Did you by chance make the same mistake when
dropping off and then again when picking up at the airport
This needs clarifying before you pay this CCJ.
#Post#: 47217--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: stickycactus22
Date: November 27, 2024, 4:03 am
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Yes, they are two seperate instances, both happend within a few
weeks of eachother unfortunately.
The CCJ has been paid in full. Unfortunate circumstances but it
is what it is.
#Post#: 47219--------------------------------------------------
Re: Liverpool John Lennon Airport - NO STOPPING 'PCN' - ELMS
LEGAL - County Claim
DIR By: b789
Date: November 27, 2024, 4:32 am
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That's a pity. Because of the failure to respond to a claim, you
have enriched the claimant with not only the £100 charge but
also the fake added £70 and their fixed fees.
You now have to hope that the current claim is successful. I am
confident that the defence should do the job. However, knowing
how vexatious VCS are, the may go all the way to a hearing.
Your job is not finished, as you will have to provide a Witness
Statement (WS) if the case is not discontinued or struck out.
Normally, once the claim is allotted to your local county court,
you and the claimant will receive orders from the court with a
hearing date and a deadline to submit relevant paperwork
(bundles). Usually, the deadline is 14 days before the hearing.
My advice is not to submit your WS until the last possible
moment or at least until you've had a chance to see the
claimants WS.
When you receive the claimants WS, show us here so that we can
prepare your WS which will hopefully contain enough points that
can be easily rebutted.
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