Metro Inn, Walsall

KeithP

celfighter wrote: »

I am working away in Thailand and have a 7 hour delay.

Are you saying you cannot see posts until seven hours after they are posted?

I didn't know that.

Umkomaas

KeithP wrote: »

Are you saying you cannot see posts until seven hours after they are posted?

I didn't know that.

I think he means that if we're posting at 10pm, he's fast asleep at 5am.

Some delay because of time zones, but not an insurmountable phenomenon.

Coupon-mad

that is why they are offering to drop the case for £100 otherwise they would not show any mercy.

No it's not, they haven't read anything. That offer is a standard reply everyone gets now. This is all template stuff for them.

celfighter

Coupon-mad have you read CEL's document? Do you suggest I stand firm with this and wait my day for court? Was my WS and defence strong enough?
Im getting xo msny conflicting bits of advice.

celfighter

My dad has this to say. What do you think?

They actually say your address was given to them by DVLA is that where they sent the first letter? a house you left over two years ago, no wonder you never received it! The second letter was sent to your parents house, and eventually passed on to you, where did they get that address from?
They cannot produce a signature to prove you received the letters within the allotted time. It has very recently been in the news that David Beckham has been let off a speeding charge because the summons arrived ONE day late.
I think they have read through your defence as they say you claim you never received the first letter, one of their exhibits, but that could be composed anytime, i would like to see what address is on that one!
I do not think they have any New evidence, the judges would have seen it the first time, then rejected it when they saw your defence, they have nothing new to use! However it is your call in this stressful time.

celfighter

Does anybody have anything to add here? You've all gone quiet.

Redx

celfighter wrote: »

Does anybody have anything to add here?
You've all gone quiet.

this is a PARKING CHARGE NOTICE forum, not a legal forum

there are very , VERY few people on here with any legal knowledge


in this thread alone I am seeing 2 people with some legal knowledge and no qualified solicitors or CILEX trained people replying at all


you are hoping that perhaps one of five or less volunteers will reply in any legal cases, apart from those of us who use common sense and can do research and add simple information or correct blatant errors get involved

so when it comes to legal questions like yours, I am not surprised if there are no legally informed replies , especially when you see the sheer number of legal threads compared to what this forum was set up for (parking charge notices, not legal advice)

read my signature as its repeated in there too

celfighter

Looking at CEL's WS and evidence it would seem they sent their first letter to me at my old address, which I have not lived in for over 2 years.
They continued sending letters for some time before somehow getting hold of my parents address over 100 days later.
At this point the first letter we received was from ZZPS, CEL's debt management firm. I responded to ZZPS using a robust letter as taken from the newbies thread. They agreed to update their records and send further correspondence to my current address. After this, I started getting letters from QDR solicitors which I ignored, waiting for a LBC letter (as advised).
The LBC letter never came, or was sent to my old address again, hence why I was then given a default judgement against me and a CCJ.
To some extent this is my fault for apparently not updating the DVLA with my current address details, BUT why didn't ZZPS tell their client, CEL that I had a new address? Is this proof I had no NTK ? I am not sure where to go with all this.

Coupon-mad

They cannot produce a signature to prove you received the letters within the allotted time. It has very recently been in the news that David Beckham has been let off a speeding charge because the summons arrived ONE day late.

What imaginary 'allotted' time is that then?!

You appear to be looking at the POFA that says a NTK has to be received by day 14. But that's not relevant to this PCN.

Why bother to look at the law that CEL never use?

The point is, CEL do not issue POFA PCNs at all so the date is irrelevant somewhat, except to point a slightly slow Judge to the POFA and show how CEL do not use the 'keeper liability' provisions (BUT it is not just about the date, it's about the wording, and CEL do not use POFA wording).

So, regardless of when it arrived (or didn't) it is not capable of holding a keeper liable, anyway.

Also, you do not need to prove no NTK arrived, it obviously never arrived if it was sent to an old address. So you can state this and use the following to your advantage at the hearing, to paint a picture of data mishandling by the Claimant and their agents, who deliberately reverted to an old address when they KNEW the new one:

I responded to ZZPS using a robust letter as taken from the newbies thread. They agreed to update their records and send further correspondence to my current address. After this, I started getting letters from QDR solicitors which I ignored, waiting for a LBC letter (as advised).
The LBC letter never came, or was sent to my old address again, hence why I was then given a default judgement against me and a CCJ.
To some extent this is my fault for apparently not updating the DVLA with my current address details, BUT why didn't ZZPS tell their client, CEL that I had a new address?

Their agent HAD to tell CEL and all parties HAD to update the address data under the old DPA (if you told ZZPS before the end of May 2018) or under the GDPR if you confirmed the right address after May.

This is basic data accuracy law, there to protect consumers and CEL cannot just blame ZZPS, because where a principal (CEL) uses an agent (ZZPS) the Data Protection Officer who remains liable is...the principal (CEL). They remain the main data processors.

DO NOT be tempted to settle this!

They will likely discontinue though, so I would be sending the court and CEL a costs schedule asap.

Include your £255, all costs for attending the set aside hearing, and all costs for potentially attending the actual claim hearing, including loss of leave/salary, travel, parking, and hours (at £19 per hour at least) spent on defending the case, research, etc, postage, printing. See examples of costs schedule in the NEWBIES thread 2nd post, and get it in before CEL pull the rug and leave you £255 down.

As I said, as soon as you are back:

Coupon-mad wrote: »

OK, have a nice holiday!

When you are back, a couple of days before the hearing, draw up a COSTS SCHEDULE and also take a wage slip with you or other proof of loss of leave/income, plus travel and parking to claim if you win.