UKPCM CCJ in absence August 2019

henrik777

Johnersh wrote: »

Depends on what was claimed for on the claim form.


It's hard to argue incorrect service where the address used is as given on the V5c - that's a genuine last known address imho, unless it is self evidently wrong (no one lives on an entire street with no house number, for example)

but n



Non receipt is a decent reason to set aside the CCJ and remit it to a new hearing.

I wonder how "the site" address compares to the "v5 address"

Coupled with zero reply.

Hmm ....

SRP1988

henrik777 wrote: »

I wonder how "the site" address compares to the "v5 address"

Coupled with zero reply.

Hmm ....

The v5 address is incorrect. I never questioned or even tbh looked at the address - i just received it in the post and filed it. Didn't think to check it. Strange how it was delivered to my address when the address is different!

I would have never filled in the keeper slip with this address - i had lived there for 9 years at this point, cant see how it would have been filled out incorrectly but could have been a moment of madness. Or maybe the dealership did this - anyhow it seems this is still me that is liable. I have written to the DVLA as they said on the phone I can ask for a copy of the original change of keeper slip.

SRP1988

Johnersh wrote: »

Depends on what was claimed for on the claim form.


It's hard to argue incorrect service where the address used is as given on the V5c - that's a genuine last known address imho, unless it is self evidently wrong (no one lives on an entire street with no house number, for example)

but n



Non receipt is a decent reason to set aside the CCJ and remit it to a new hearing.

Sorry I'm a bit lost there, what do you mean by what was claimed for?

Info from the CCBC was that this is for 4 PCN's all for 'breach of contract'
Gladstone's say this is specifically parking in a restricted area but have different PCN dates to the court

[Deleted User]

The claim form needs to specify exactly what dates and that is definitively what the claim is about.

henrik777

SRP1988 wrote: »

The v5 address is incorrect. I never questioned or even tbh looked at the address - i just received it in the post and filed it. Didn't think to check it. Strange how it was delivered to my address when the address is different!

I would have never filled in the keeper slip with this address - i had lived there for 9 years at this point, cant see how it would have been filled out incorrectly but could have been a moment of madness. Or maybe the dealership did this - anyhow it seems this is still me that is liable. I have written to the DVLA as they said on the phone I can ask for a copy of the original change of keeper slip.

Yeah i get the V5 is incorrect.

If i, or any other random stranger, saw the parking site address written down and the V5 address written down, would we think, hmm that looks like they could be the same area, or is it Like Edinburgh and London, Mayfair and Piccadilly, High street and main street etc

[Deleted User]

The issue is reason to believe you didn't reside there or that the address was self evidently wrong. That would lend itself to improper service.

SRP1988

henrik777 wrote: »

Yeah i get the V5 is incorrect.

If i, or any other random stranger, saw the parking site address written down and the V5 address written down, would we think, hmm that looks like they could be the same area, or is it Like Edinburgh and London, Mayfair and Piccadilly, High street and main street etc

Address is the same number of property but my property was flat xx in block of flats, same road.

Sorry don't think i explained it that well

for example my address is:
1 Big block of flats
High Street
Nowhere

Instead it was sent to:
1 High street
Nowhere

SRP1988

Johnersh wrote: »

The claim form needs to specify exactly what dates and that is definitively what the claim is about.

So this is good news for me that Gladstones have clearly got the dates wrong?
They said on the phone to me there seems to have been some kind of administration error

Will be including the discrepancy with the dates on the WS

henrik777

SRP1988 wrote: »

Address is the same number of property but my property was flat xx in block of flats, same road.

Sorry don't think i explained it that well

for example my address is:
1 Big block of flats
High Street
Nowhere

Instead it was sent to:
1 High street
Nowhere

Ok and the parking site was presumably

Big block of flats
High Street
Nowhere


So it's at the very least arguable that between the address of the parking site, the V5 address and zero response they should have at least made a check prior to issuing a claim.

Whilst it depends on how well you can put it to a court, and the judge you get, it looks like it's an argument worth running, to say you were not properly served.

henrik777

SRP1988 wrote: »

So this is good news for me that Gladstones have clearly got the dates wrong?
They said on the phone to me there seems to have been some kind of administration error

Will be including the discrepancy with the dates on the WS

Quite often parking companies use the dates of issuing tickets rather than date of event.