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CPR 85? Is there a form?

8 replies

donttowmepls · 26/02/2020 14:10

Hello all
Short back story - car has been towed for friends debt as she is registered keeper of the vehicle and debt was a parking ticket.
Car was towed 14 days ago, I submitted evidence/proof of ownership (receipt of purchase, insurance policy, bank statement showing transaction etc) the same day and they have responded saying it is not enough evidence as the v5 is still registered to friend.
Citizens advice bureau said to fill out an n244 form and send it to the court but I have now called a recommended charity to help me fill out the form who say it’s the wrong form! The email from bailiffs says that if I want to take further action then I need to submit a claim to ownership via “CPR 85” but I have crawled through google and can’t find a form for it. Can anyone advise as I only have 48 hours to get it sent!
Thank you!

OP posts:
donttowmepls · 26/02/2020 14:14

Do I have to just write a letter/email to the county court? What do i need to include?

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donttowmepls · 26/02/2020 14:17

Sorry third post but the only info I can find about procedure is to submit a claim to ownership to the enforcement agency which I have already done via email as said in my original post.

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Lougle · 26/02/2020 14:19

<a class="break-all" href="https://www.google.com/url?sa=t&source=web&rct=j&url=www.justice.gov.uk/courts/procedure-rules/civil/rules/part-85-claims-on-controlled-goods-and-executed-goods&ved=2ahUKEwjCjIixtO_nAhUOecAKHUsYChsQFjAAegQIBxAB&usg=AOvVaw29W35zSJytIuui06Tug99T&cshid=1582726734431" rel="nofollow" target="_blank">www.google.com/url?sa=t&source=web&rct=j&url=www.justice.gov.uk/courts/procedure-rules/civil/rules/part-85-claims-on-controlled-goods-and-executed-goods&ved=2ahUKEwjCjIixtO_nAhUOecAKHUsYChsQFjAAegQIBxAB&usg=AOvVaw29W35zSJytIuui06Tug99T&cshid=1582726734431

This might help

donttowmepls · 26/02/2020 14:22

@Lougle thank you, I’m reading through now I’m just confused - is the cpr 85 am actual form or do I just have to write an email? Who do I send it to? And what are the fees involved as the enforcement company said I would have to pay a fee equal to the value of the goods which I don’t have

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prh47bridge · 26/02/2020 16:16

CPR 85 is a reference to the Civil Procedure Rules. There is no form. Did your email include all the details set out in CPR 85? If so, you are now dealing with a situation where your claim is disputed. CPR 85 requires you to provide an application notice, which is form N244 as CAB said. What form does the charity think you need?

donttowmepls · 26/02/2020 16:48

@prh47bridge the charity have said an n208 form but I’ve looked it up and it says for disputes with landlords. So I’m v confused 😐 I’m going to fill out the n244 form but I don’t have a case number or any idea what level of judge I need. Also it says I need reference numbers for myself and the enforcement company and I’m not sure what they mean

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donttowmepls · 26/02/2020 16:49

@prh47bridge yes their response says that the claim has been disputed and to take things further along side paragraph 60(4)(a) of schedule 12.

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donttowmepls · 26/02/2020 17:49

I have spoken with the national debt helpline who say it is in fact the n244 form I need to submit. Will be going there in the morning to fill it in.

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