Completing a N244 - what goes where? |
Helping the motorist get justice 
Helping the motorist get justice
Completing a N244 - what goes where? |
 Sat, 18 Nov 2017 - 12:09
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#1
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New Member Group: Members Posts: 9 Joined: 17 Oct 2017 Member No.: 94,596  |
Hi,
Im drafting a N244 using details and links on this excellent forum following a post I made a few weeks about about a CCJ I was completely unaware of. I ve read the notes that support completing the N244 but have a few questions I would like advice on please about completing the form so its filled in correctly before I send it off: 1. is it common to attach a draft order (q4) and if so does anyone have an example (so i can se how much roughly to write, it feels like I should be very concise) 2. the witness statement (q10) - this seems to be the lengthy legal bit where it starts between claimant and defendant etc. 3. on links people have also mentioned submitting a defence as well with their N244(presume this is separate to the form but can support it). Do I go all in here and send in all my evidence about when I moved, being on the elec register etc to show I never received any correspondence about a parking ticket fine etc. Or is this candid so I only reveal my full hand when Im in court defending this? What I'm struggling with is whats the difference, in leighmans terms, between the draft order, the witness statement and 'my defence' - and what goes where on the N244 and when do these 3 key items get submitted - all with the N244? Thanks for any advice, I ve looked on the forum and wider web for specific answers to this but could nt easily se anything. many thanks for any replies and advice given. |
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Sat, 18 Nov 2017 - 12:09
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Sat, 18 Nov 2017 - 13:00
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#2
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 Member Group: Members Posts: 41,585 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
This might be of some help. (The fee is now £255)
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sat, 18 Nov 2017 - 14:38
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#3
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 Member Group: Members Posts: 33,634 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
I’m surprised that PP doesn’t advise including a defence (at least in outline) with the application. If you’re asking for a discretionary set aside it’s up to you to convince the court that you have a realistic prospect of defending the claim.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sat, 18 Nov 2017 - 14:55
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#4
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Member Group: Members Posts: 41,585 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
The link is of some help. If the OP could outline what happened then we can suggest defence items.
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Mon, 20 Nov 2017 - 03:42
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#5
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Defence - legal arguments why you aren’t liable
Witness statement - set of facts eg you were the keeper of the vehicle on xyz date Draft order - what you would like the court to order. Usually set aside judgement of x date, order claimant to pay your set aside fee of£255, and if you’re really confident to strike out the original claim as having no prospect of success |
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