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County court claim NCP from 2017
bathroomsoflondo...
post Fri, 12 Feb 2021 - 09:29
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Yesterday we received the below through the post. It was from 2017 and we have no recollection of this. What happens if a person moves within that time?



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post Fri, 12 Feb 2021 - 09:29
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Jlc
post Tue, 2 Mar 2021 - 12:57
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They can ask for certain documents to assist in the search of personal information - but ultimately, they must comply with a name only.

Of course, if they are ask for proof of identity then this can be done via a number of other documents.


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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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bathroomsoflondo...
post Sat, 6 Mar 2021 - 12:22
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Im getting worried now, still no response from ODR solictors. Can I ask the court for more time? What happens if we lose? Will we get a ccj?


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Jlc
post Sat, 6 Mar 2021 - 12:31
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Even if you lost then you get time to pay before impacting your credit.


--------------------
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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bathroomsoflondo...
post Mon, 8 Mar 2021 - 16:51
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Still no reply from ODR. Im fairly busy with work so am worried I will not have time to prepare if, as expected, they dump everything on me last minute?


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bathroomsoflondo...
post Wed, 10 Mar 2021 - 16:50
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Still no reply from QDR solictors and still haven't received the information from NCP for subject access request. I think my response needs to be with court by this coming Monday although not sure I have date right on this? Please any advice greatly received.


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bathroomsoflondo...
post Thu, 11 Mar 2021 - 15:28
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Any advice would be greatly received. Shall we get some legal advice? Still nothing and pretty sure it is due for this Monday.

QUOTE (Jlc @ Sat, 6 Mar 2021 - 12:31) *
Even if you lost then you get time to pay before impacting your credit.


It states on the back of the form that if this claim results in a judgement order against you, details will be entered in a public register....This will make it difficult for you to get credit.


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Jlc
post Thu, 11 Mar 2021 - 15:31
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QUOTE (bathroomsoflondon @ Thu, 11 Mar 2021 - 15:28) *
Any advice would be greatly received. Shall we get some legal advice? Still nothing and pretty sure it is due for this Monday.

QUOTE (Jlc @ Sat, 6 Mar 2021 - 12:31) *
Even if you lost then you get time to pay before impacting your credit.


It states on the back of the form that if this claim results in a judgement order against you, details will be entered in a public register....This will make it difficult for you to get credit.

...only if you don't pay it promptly.

In terms of your defence, all you can do is pull together what you do know and note that the claimant and their solicitor have not engaged in trying to narrow any issues. (That's not a defence in itself)


--------------------
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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bathroomsoflondo...
post Thu, 11 Mar 2021 - 15:56
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Many thanks. This is turning into a bit of a nightmare. Got the following message when trying to submit our response

To respond to a claim online, enter your claim number and defence pack password below. You'll find them both in your 'response pack' that's been sent to you in the post.

We haven't received anything in the post...

Plus Ive tried calling the court twice and been on hold for over 40 minutes and been cut off twice.

This post has been edited by bathroomsoflondon: Thu, 11 Mar 2021 - 16:07


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ostell
post Thu, 11 Mar 2021 - 16:15
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You received the claim form?
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bathroomsoflondo...
post Thu, 11 Mar 2021 - 16:20
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yes but not a defence pack? Unless they are the same? The password on the claim form doesnt work.


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ostell
post Thu, 11 Mar 2021 - 16:32
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So send by email to the court. Attachment in PDF format and not forgetting to sign. Ask the court for per mission to amend your defence when you receive the requested information from the claimant with the claimant meeting the cost.
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bathroomsoflondo...
post Thu, 11 Mar 2021 - 16:44
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Many thanks, will do. Ive had a hell of a job getting through, but finally have. They could not tell me why the claim number and password were not working and simply said they would send me an email which I can then submit our defence to, which at the moment, is only we are not sure who was driving. I acknowledged the claim on the 12th Feb, issue date 9th Feb. Apparently have until this Sunday but will do it tomorrow. Still nothing from NCP or QDR...


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bathroomsoflondo...
post Thu, 11 Mar 2021 - 21:29
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My partner wants to word it that she was probably the driver as I think she is scared and just wants to pay it. I dont think this is correct. Would it be ok to word it along the lines of;

She was the primary driver of the vehichle at that time although we cant be sure who was the driver as was quite a while ago, we havent got any more evidence to go by and we both seem to remember receiving tickets around that time which considered dealt with under succesful appeals, we think one instance may have been a wrong character entered on the registration plate but it is difficult to distinguish between different events.


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Sheffield Dave
post Thu, 11 Mar 2021 - 22:22
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At court, she needs to be completely honest. She shouldn't say she was probably the driver unless she thinks she was probably the driver. And even then, she can volunteer nothing, but be truthful if asked a direct question.
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ostell
post Thu, 11 Mar 2021 - 22:28
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If you want to pay then just make the solicitors an offer to pay rather than suggesting who the driver was.

Even going to court you could get rid of some of the addon costs.

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bathroomsoflondo...
post Fri, 12 Mar 2021 - 17:14
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I am flabbergasted, today have recieved a judgement for claim for £1132 dated 10th March.

Court claim issue date was 9th February, although didnt actually get it till quite sometime after this. Acknowledged the claim on the 15th. Spoke to the court yesterday and they told me I had until this Sunday to submit the form. Have also got a letter today from QDR with a breakdown of the balance but that is all. Nothing else. It just states,

As a claim has been issued the remaining information you have requested is not availaible at this time and you would be required to complete the court paperwork, dated 11th March.

Am I right in thinking you have 33 days from date of issue of claim or 28 days from date of acknoweldgement? Whatever is the lesser of the two? If so, I cant see how this has been done? Issue date 9th Feb, acknowedlgement 15th Feb...

Ive just noticed the claim numbers are different... either there is a mistake or another claim we are completely unaware of.

Ps. I sent off the paperwork this morning.

Im thinking there must be another claim we are completely unaware of, the address of this other judgement claim doesnt even have our house name on it. Plus it doesnt even have my partners full name or middle initial. The postman must have taken a punt on who to send it to.

This post has been edited by bathroomsoflondon: Fri, 12 Mar 2021 - 17:43


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Jlc
post Fri, 12 Mar 2021 - 17:45
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Bizarre, sounds like a completely separate claim. But £1,132 would sound like 7 or 8 tickets?

But if it's a judgment you are unaware of then unless you feel like you want to pay it then your only option is to apply to have it set aside. That costs £255.

This post has been edited by Jlc: Fri, 12 Mar 2021 - 18:21


--------------------
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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ostell
post Fri, 12 Mar 2021 - 17:59
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You had the lesser of 33 days from issue date or 28 days from acknowledgement.

In post #32 you stated that you acknowledged the claim on the 12th February. This gave you till 12th March to get your defence into the court. You haven't actually submitted yet so you've missed that date. However they should not have defaulted it on the 10th. Look online to get details of the actions. Acknowledgement on the15th, which you stated in post # 36, should give you till the 15th March . Looks like someone has given 28 days from the date of service.

Call the court and complain



This post has been edited by ostell: Fri, 12 Mar 2021 - 18:07
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bathroomsoflondo...
post Fri, 12 Mar 2021 - 20:45
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Issued on the 9th, think we got it around the 12th, defo acknowledged on 15th as have print out in front of me. Pretty sure our response sent today will get there.

This must be another claim although dont have a clue about it. Yes we got maybe three or so tickets within the last five years or so but we considered them all either paid or dealt with under appeal.

I cant see how a court can send out a judgement without even a first name or a persons house number or name? I mean that is absurd. How is that fair? Why should we have to pay for a set aside? Would a solictor be a good idea? If so are there any recommendations?


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ostell
post Fri, 12 Mar 2021 - 21:23
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Is the claim number on the judgement the same as on the initial claim form you received? The amount is vastly different so something has gone extremely wrong. You have got a judgement for another claim perhaps?

So how was the judgement addressed? Adds more to a mistake in the court office.
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