Claimant Fixed Contract expired

Lego-9

Umkomaas wrote: »

Not only should a set aside be automatic, I think you should be pursuing them hard for the distress and major headache their complete disregard of the information you gave them of your new address for service. Unreasonable behaviour, surely?

Which PPC is involved?

Thank you for confirming my intention of whether I should counter this. I will definitely be taking this as far as I can. I will start looking over some counter threads. I just need to ensure the set aside goes well first. It is absolutely unreasonable especially if they are also providing a contract that has expired give or take 7 years ago and to top it off neglecting letters I have sent
PPC is VCS.

Lego-9

Coupon-mad wrote: »

YES.

Conduct that does not have a reasonable explanation = PUNITIVE COSTS!

This person (below) listed the conduct in such a damning way that they got over £700 granted in costs on 'the indemnity basis' that you must ask for too, Lego-9.

https://forums.moneysavingexpert.com/discussion/comment/75807521#Comment_75807521

Take your proof that you replied to the LBC with your new address (did you email it, or did you keep proof of posting?). Show the Judge, and read up on indemnity basis costs, and claim AT LEAST £19 per hour LiP rate as well as your attendance costs.

You could even charge more, on the basis ''if you don't ask, you don't get'' (half the hourly rate of a band D 'trainee solicitor/paralegal' fee earner can be appropriate, in rare cases we've seen, and yours now seems like a complete scam, deliberate or negligent GDPR breach/DPA data misuse, and a waste of your valuable time and that of the court).

You should also read Sassii's costs schedule (he got four figures). I think it's in the NEWBIES thread costs schedules links. It is all about listing the unreasonable conduct and knowing you can claim these costs and which CPR applies, in case the Judge is unsure.

:T

The thread suggested and sassii's will be my nightly reading before the hearing - thank you.

I have already drafted a rough cost order found in a few threads you had linked in various other threads regarding set aside hearings. I will be sure to add further costs once I understand indemnity basis costs and couple it together with unreasonable conduct which there is plenty of it scattered throughout my tenancy at this place.

Would I be able to take a revised and expensive cost order with me into the hearing, or do I need to file to court and serve to C beforehand?

I have already filed all the necessary evidence for address change (as I scanned them before sending), along with 2x proof of postage for 2 separate LBCC rebuttal documents sent to PPC roughly 2 months before they filed the claim at CCBC.

Exciting times

Coupon-mad

Would I be able to take a revised and expensive cost order with me into the hearing, or do I need to file to court and serve to C beforehand?

No, file & serve it 48 hours before.

Lego-9

Would changing the contravention stated on the NTD to a different one after an appeal had been made be considered as unreasonable behaviour?

Coupon-mad

Yes, I like that too.

Add these issues up to meet the high bar of unreasonableness, but surely using an address they knew was not your address for service, after being told at LBC stage about the actual address, is the biggest nail to ram home into the PPC's coffin.

Lego-9

Hello all,

CCJ has been set aside with costs reserved.

Onto the next one and see where the PPC want to take this.

Thanks for all the help and will update moving forward for any interested + counterclaim

Umkomaas

Has the PPC by asked to serve new particulars/claim for you to then defend at a new hearing for this parking event?

Umkomaas

More importantly, the contract was for a fixed 12 month term back in 2010. There is no clause in the T&Cs to suggest that it is a rolling contract.

Seems VCS are in the habit of operating without a contract. If you want to return some of the grief they've imposed on you, report the matter to the DVLA and ask them to open an investigation, as in the following thread:

https://forums.moneysavingexpert.com/discussion/comment/75860161#Comment_75860161

Lego-9

Umkomaas wrote: »

Has the PPC by asked to serve new particulars/claim for you to then defend at a new hearing for this parking event?

Sorry for the late reply - been away.

PPC has not filed new particulars as of yet - have not heard anything.

Judge tried to order for the other CCJ to be set aside but representative for PPC did not accept, so have to go for the second hearing. Should be an easy win there as well and will push for costs. Then hopefully PPC will not pursue. They are at a loss already from sending a rep for the last hearing :rotfl:

Lego-9

Umkomaas wrote: »

Seems VCS are in the habit of operating without a contract. If you want to return some of the grief they've imposed on you, report the matter to the DVLA and ask them to open an investigation, as in the following thread:

https://forums.moneysavingexpert.com/discussion/comment/75860161#Comment_75860161

I'm gearing up for a stronger second positive attempt at the set-aside and will arm myself with some more information - so this thread will definitely come handy. Many thanks!

Do PPCs retrospectively get a contract signed after one that is out of date has been provided? Say for eg these fools run to the Managing Agents at previous address and get a new one signed, surely I can argue that at the time there had not been a LL agreement?