DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 53690--------------------------------------------------
Wrong claim number
DIR By: WhoLetTheScamsOut
Date: January 16, 2025, 11:54 am
---------------------------------------------------------
So im trying to help someone with their claim.
Long story short
They received a claim form dated 5th December 2024, acknowledged
it 11th December 2024 (received auto acknowledgment), sent
defence on same day BUT made an error with the claim number when
sending defence via email. They’ve received a default judgement
dated 13th January 2025 and when I asked them to look over what
they’ve sent/received, turns out they’ve missed an email from
the CNBC asking for the correct claim number as the one they’ve
referenced was wrong by one character.
Claim form costs:
Amount claimed: £177.88
Court fee: £35
Legal representative’s court: £50
Total amount: £262.88
Daily interest rate of £0.02 until judgment.
Judgement form costs
£179.32 for debt
£110 for costs
Total: £289.32
Is it worth advicing them to complete the N244 set aside form
for this mistake and pay the £303 fee? Also how likely do you
think the court will accept the set aside?
#Post#: 53694--------------------------------------------------
Re: Wrong claim number
DIR By: The Slithy Tove
Date: January 16, 2025, 12:05 pm
---------------------------------------------------------
IMO, it's questionable whether the court would accept the set
aside, considering the reason for defence not being submitted
properly was entirely on Defendant. Basically, it's "double or
quits" considering the amounts.
#Post#: 53698--------------------------------------------------
Re: Wrong claim number
DIR By: WhoLetTheScamsOut
Date: January 16, 2025, 12:19 pm
---------------------------------------------------------
That’s what I was thinking as well since the error was from the
defendant itself. And whether it is accepted or not theyll still
be out of pocket.
#Post#: 53702--------------------------------------------------
Re: Wrong claim number
DIR By: b789
Date: January 16, 2025, 12:29 pm
---------------------------------------------------------
The defendant should carefully consider whether to file an N244
application, as the £303 fee for applying to set aside the
judgment is unlikely to be recoverable. The claimant has not
acted unreasonably, and unless the defendant can demonstrate
that their error (e.g., the incorrect claim number) was
unavoidable due to something the claimant did, the court will
not order the claimant to cover the fee.
Filing an N244 set aside application for the default judgment is
worth considering if the defendant acts promptly and has a
realistic prospect of defending the claim. Under CPR 13.3, the
court has discretion to set aside a judgment, taking into
account the overriding objective of dealing with cases justly,
which includes ensuring parties can present their cases fully
while avoiding unnecessary costs or delays.
The court will weigh the fairness of allowing the defendant to
correct their mistake against the claimant’s right to finality.
The error appears inadvertent, and refusing a set aside would
unfairly deny the defendant the opportunity to present a
potentially strong defence.
The defendant must weigh this cost against the amount of the CCJ
(£289.32). Paying the full amount within one calendar month of
the judgment (dated 13th January 2025) will result in the CCJ
being completely expunged from the record, leaving no trace on
credit files. This could be a cheaper and simpler option
compared to applying for a set aside, which carries the risk of
losing the £303 fee if unsuccessful.
While a set-aside may still be worthwhile if the defence has
strong prospects, the cost-benefit analysis should be carefully
considered.
Alternatively, the defendant could ask the claimant to consent
to a set aside, which would be a cheaper alternative. If the
claimant agrees, the court fee for a set aside with consent is
only £119, significantly less than the £303 fee for a contested
application. However, this route is likely to leave the claim
standing, meaning the defendant will need to prepare a defence
and potentially face further proceedings.
To pursue this option, the defendant should contact the claimant
or their solicitor and request their agreement to set aside the
default judgment. If the claimant agrees, ask them to draft a
consent order for both parties to sign. This document will
outline that both parties consent to setting aside the judgment.
This approach relies on the claimant's cooperation and does not
guarantee the outcome of the claim itself. The defendant should
weigh this option against paying the CCJ in full within one
calendar month of the judgment to have it expunged from the
record entirely.
*****************************************************
Page 1 of 1