OBS PCN CCJ/Judgement - set aside now rehearing

[ericsbrother]

Big question is are you up to fighting this rather than paying up?

If you ask for a set aside of the judgement but admit the money is owed it wil cost you the same amount as a set aside and having the opportunity to defend the claim.

 

There have been developments recently that would reduce the amount you would be liable to pay anyway.

 

As the claim form was sent to your current address then the company are following civil procedure regulations to trace you but the original paperwork will have been sent to your regisred address at the time of the incident.

 

Any details you can give us on this would be useful,

it should have the full details in the letter before action sent to you at least a fortnight before the claim was issued and also on the claim form itself.

 

If that info is poor then you may well get a walkover for procedural impropriety and that means any monies you paid for the set aside will be refunded.

 

applying for a set aside will wipe the CCJ from the record once it is accepted into court

[ericsbrother]

No consent is by the party suing you, the solicitors are just the taxi service to get it to court.

Court cant give you advice.

[ericsbrother]

if you can get remission of fees not only do you get this done on the cheap it means they know they are on to a hiding to nothing if they object as they will be landed with the costs and wont be able to recover them from you later.

Low income also gets you help with costs rather thanjust benefits

 

as already said, DCBL are just a taxi service, go after thecreditor/claimant OPS

Edited June 8, 2020 by ericsbrother

[ericsbrother]

Then you apply for a set aside from the court and dont bother with them again.

Their client will be punished rather then them so let them huff and puff. after the event.

[ericsbrother]

DCBL will have no info about this, they are just the people rattling the tin.

You need to go after the parking co in everything you do.

DCBL may or may not pass on your letter, they are not obliged to do so.

 

So ignore anyone other then the original parking co, including their solicitors and go back to square 1 and dill out the N244 and get the set aside.

Anything else you do  without doing this wont help you and may be damaging

[ericsbrother]

we keep telling you that ONLY OPS have the stuff you are after, these muppets have nothing to do with anything. Go after the engine driver, not the oily rag

[ericsbrother]

to add my view,

you get everything you can together now because if their case is seriously flawed the judge may well use their powers to settle the matter there and then.

 

Now OPS might squeal at this and there will have to be another hearing so if they or their solicitors contact you to agree what evidence should be put forward as a single bundle DO NOT AGREE TO IT unless it contains everything you want to raise at any point ( they wont want to include much as that will show the truth)

 

Yes, do make the point about the abuse of process regarding the demand you pay £90 to some other bandit that has nowt to do with the claim as well but make sure that you have pointed out the part of the POFA that entitles them to only claim what you were invoiced as the keeper rather than the added made up amounts for their extra time etc.

 

With regards to getting your fee back- not automatic at this stage but will depend on judges attitude to their behaviour after they started legal action so their LBA will be important in this respect.

 

You need to find any faults therein and raise them to show failure to follow protocols and unreasonable conduct ( along with the already mentioned fake fees and demand for £400 for set aside agreement) and you will be home and dry. Once they are £150 out of pocket they wont want to lose another costs order, so if they have tried hiding evidence from the judge by not submitting the full paperwork they may well skulk off rather than admit they are nothing more than liars and thieves.

 

So to recap, send your own paperwork to them and judge and dont agree to share a bundle unless you get to send it