Not advising Change of Registered Keeper to PCM

edinh05

A quick note to inform you that the hearing was a success and the District Judge ordered the claim to be struck out for failure to comply with CPR. He also ordered the set aside fee to be reimbursed.

Thanks once again for your help with this outcome so far.

Loadsofchildren123

Excellent. Nice to see a judge ripping into a PPC for ignoring the CPR, most turn a blind eye which is incredibly frustrating. If you wouldn't mind, would you let Parking Prankster know so he can blog this? It would be useful for others fighting charges and set asides.

beamerguy

edinh05 wrote: »

A quick note to inform you that the hearing was a success and the District Judge ordered the claim to be struck out for failure to comply with CPR. He also ordered the set aside fee to be reimbursed.

Thanks once again for your help with this outcome so far.

Brilliant :beer::beer:

Coupon-mad

edinh05 wrote: »

A quick note to inform you that the hearing was a success and the District Judge ordered the claim to be struck out for failure to comply with CPR. He also ordered the set aside fee to be reimbursed.

Thanks once again for your help with this outcome so far.

Yay! Well done, that is the BEST outcome from set aside applications!

:T

Did you have to press the Judge on getting the set aside fee reimbursed, or was it easy?

Did the other side turn up?

edinh05

The other side didn't bother to show so it was just myself and the Judge in the room. The whole thing was over in under five minutes - quite a surreal experience. I asked him if he would consider ordering the fee to be reimbursed and he agreed. Simple as that!

The_Deep

You can now consider your revenge in slower time. At the very least I would invoice them at £19 an hour for my time in dealing with this.


Send them a couple of invoices and when they ignore, as they no doubt will, issue a claim citing unreasonable behaviour, add a few pounds for emotional stress, and see how they react. If they have any sense they will settle out of court.








If t

Herzlos

Remember to include the £250 claim for breach of the DPA for getting your personal details with no valid reason.

Timothea

You also have a valid claim under principle 4 of the DPA: "Personal data shall be accurate and, where necessary, kept up to date." Receiving a CCJ can be very stressful and you may have also suffered financial loss as a result. Please read posts #1 and #13 of this thread:

https://forums.moneysavingexpert.com/discussion/5585388

Personally, I would claim at least £750 for distress, plus any financial loss you may have suffered.

Cottom888

I attended, claimant didnt show up.

Had an issue with work computers we had a whole system change to a paperless office nd defence was stored on their and unable to print.

I did have my evidence with me in case law and photographs. Which i showed the judge. The claimant had filed a single photograph of the sign and it was a completely irrelavant sign stating "no parking at any time".

Because of the amount of wording on the sign i presented you couldnt read it on a4 so the judge questioned on what is there to do when the 4 hour parking expires, whether its get another ticket and the sign states that. I told him it was free to park come and go and there is not ticketing. As it was my word he said it was a weak defence.

But as the claimant didnt present any relevant evidence then the case is set aside.

I have to submit my defence again to the court by the 10th July (which is a massive pain because i am out of the country for 2 weeks tomorrow).

If i am successful in that defence then i can claim back the costs and the £255 set aside fee. But only then.

Pretty succesful then!

edinh05

The Court Order was issued but rather annoyingly, was dated the day after the Claimant was meant to have filed their particulars to pursue the claim further and refund my set aside fee.

Does anyone know what would need to be done to get this moving again? I contacted the court immediately to point out the errors but it can take a while for them to reply.