How to approach a change of address with a company

The_Deep

If you informed the PPC last year of your change of address, (and you can prove it), and they ignored it you should be looking for compensation imo, and not just for the £255.

Before embarking on court action litigents should perform due diligence, it would appeasr that, in this case, they did not. Their incompetence has cost you time and money, and perhaps has been stressful.

Read about unreasonable behaviour costs (CPR27.14(2)(g) and complain to your MP as nine times out of ten these tickets are scams.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies. .

MRHCYORK

Hi All,

A quick question, in the Six Point Draft Order, the two dates that I've put in bold in point 3 and 4 can anyone tell me what these should be or how these relate to the default judgment date/application date? I've completed everything else but not sure how to complete these dates when I don't know when the hearing will be, etc? Thanks for the help!

It is ordered that:

1. The default Judgment dated XX/XX/2019 be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/19 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2019.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

6. All enforcement be put on hold pending the outcome of the application.

Le_Kirk

The court/judge fills those in for you.

MRHCYORK

Hi again,

I sent in my 6 point draft order and a witness statement and have received a set aside date in a few weeks time.

Can anyone talk me through what I need to do now, especially regarding what documents to take with me, what to say, what to take to support both my defence for the set aside and for the original claim?

Any help would be much appreciated!

Thanks

Le_Kirk

Use the forum search facility: -
On the front page of the forum, click on
Search this Forum
Advanced Search
User Name = Coupon-mad
Keyword(s) = set aside satisfy judge
Change the Radio Button from Threads to Posts, hit Search Now and you will find loads of threads about set-asides.

steve1500

The_Deep wrote: »

If you informed the PPC last year of your change of address, (and you can prove it), and they ignored it you should be looking for compensation imo, and not just for the £255.

If this is correct, then absolutely hammer them under the Data Protection Act for compo.

MRHCYORK

steve1500 wrote: »

If this is correct, then absolutely hammer them under the Data Protection Act for compo.

Hi Steve,

Thanks for your response. The reason I'm hesitant is that I contacted the Debt Recovery Plus Ltd (who I had successfully contacted before to change my address previously). I didn't hear from them for two weeks when on Oct 8th they responded to say they were no longer handling the case. Conveniently it was Oct 2nd that the PPC sent the claim to my old address. I then chased for weeks to get Gladstone to change my address and they didn't actually respond until January to tell me they'd done so, this is months after I'd been served (completely unaware) the CCJ.

If there is an opportunity to claim compensation, is there any information I can read as to how to go about this?

Thanks

nosferatu1001

You would have to sue them.

MRHCYORK

Hi all,

I have my set aside hearing next week, feeling confident have read a lot of threads regarding satisfying the judges questions, etc, but I just wanted to check that my brief defence description is enough to satisfy that I have a chance at another hearing.

I want to defend simply based on Primacy of Contract? If I provided my tenancy contract (which has no description of a parking permit) and valid evidence that it was my vehicle parked in that space, is that sufficient to satisfy the judge or do I need a more robust defence just for the set aside hearing?

Thanks!

Coupon-mad

You need bullet points about the other points we normally use too.

CERTAINLY signage as a secondary defence point if the Judge is not with you on primacy of contract.

And 'no landowner authority' and the point that UKCPM unfairly added sums they are not entitled to recover (ref the Beavis case and the POFA) so the inflated quantum alone means you should be granted the right to defend the claim as it was poorly pleaded and the sums exaggerated and unrecoverable.