UK CPM - CCJ issued

hiphop99

DoaM said:

I'm not reading back through 13 pages .... if your wife is not the registered keeper (hence the DVLA have no data on her), has she previously already been "outed" as the driver? (I assume the answer is Yes otherwise UKCPM would have no claim against her at all). Therefore you (she) can categorically state that the claimant's statement that they got the last known address (for the defendant) via DVLA is patently false.

She mentioned she was the driver in a letter to them, which they conveniently left out of the bundle.

Even that should good faith vs some scenarios where people (rightly however) send these scammers on a wild goose chase.

Johnersh

hiphop99 said:

Also - Looking through Gladstones document - they mentioned this.

12. The Defendant’s address was obtained from DVLA as an address by which documentation
concerning the vehicle could be sent for the parking charge notice.

This is absolutely false. The wife is not the registered keeper so her address is not with the DVLA - How can I weaponise this?

OK, so they never had an address for the defendant.

You presumably confirmed Mrs Hiphop99 was the driver and could be contacted at that address? Did you say she lived there?  

Further, you'll note from my tracing link above that one of the services is a repeat search. Why do that? Because with more than a year between parking event and claim, addresses change.

Dropbox it. Redact your details. Post the link. Possibly as a broken link if needed. 

hiphop99

Johnersh said:

hiphop99 said:

Also - Looking through Gladstones document - they mentioned this.

12. The Defendant’s address was obtained from DVLA as an address by which documentation
concerning the vehicle could be sent for the parking charge notice.

This is absolutely false. The wife is not the registered keeper so her address is not with the DVLA - How can I weaponise this?

OK, so they never had an address for the defendant.

You presumably confirmed Mrs Hiphop99 was the driver and could be contacted at that address? Did you say she lived there?  

Further, you'll note from my tracing link above that one of the services is a repeat search. Why do that? Because with more than a year between parking event and claim, addresses change.

Dropbox it. Redact your details. Post the link. Possibly as a broken link if needed. 

As in dropbox the bundle from Gladstones?

hiphop99

https://docdro.id/dHCCV1d

Johnersh

They're conflating the issues. This ain't a mini-trial. It's a discrete legal point: is service good.

There's no witness evidence at all. No statement of truth or account by the claims handler as to what s/he did or their rationale. 

They ran a credit check to find an address? I'd respectfully suggest that's the wrong search to do.  It checks credit, that is all. 

And why not search for the RK on the off-chance that D still resided with him? That would probably have worked. It's the cost of one letter. 

They have not set out the detail of any enquiries largely because they made none. 

The court is *not* there to hear the merits of the case.  The legal arguments on the merits are for the trial judge.  None of those points made in the letter are verified with a statement of truth, nor were they arguments presented to court. 

Judgment was made in default on the facts in the particulars, which you have responded to. It is more than merely arguable. 

The fact that they may have further evidence to present is for statements, disclosure and assessment at a later stage, but cannot be preferred since that is to conduct a mini trial.  Even the sign appended is a graphical representation and not a photo of the actual sign. Can we really be confident that it was the terms in place at the time? All those type of points can and should be challenged at a trial following set aside and the present judgment in default gifts them the windfall of a judgment off a procedural irregularity of their own making . 

henrik777

The Defendant seeks to have the Default Judgment set aside pursuant to CPR 13.1(1)(a) and CPR 13.1(b)(i). In respect of the submissions made in relation to CPR 13.1(1)(a),


Think you'll find it's 13.2 numbskulls.


The Defendant’s address was obtained from DVLA as an address by whichdocumentationconcerning the vehicle could be sent for the parking charge notice.


Oh dear, how unfortunate that they don't even know their own case. Take copies of the V5.


Thereafter,  upon the matter being referred to Gladstones Solicitors Limited (“GSL”) an Experian trace was ran  for  the Defendant but she was not found  as no credit  application had been made.  As  a  result,  the  Defendant  could  not  be  found  by  a  simple  trace  as she alleges as  one  was conducted.   Given   the   Defendant   had   previously   stated she would   not   enter   into   further correspondence and it is not uncommon for motorists not to engage in the pre-action protocol for debt claims; together with no further address being provided following a trace, the Defendant was pursued at her last known address in accordance with CPR6.9.

So they admit to had "reason to believe" the defendant might not live there any longer.They appear not to have provided any evidence that the MANDATORY requirements of cpr 6.9(4)have been fulfilled do they CANNOT use a last known address. Oops.



Paragraph 15 says they don't think you can get a set aside by the courts discretion, a position with which i would disagree. However, the main argument being lack of service, means a mandatory set aside and they didn't address this issue at all. Oops.

Coupon-mad

Very solid advice from the last two posters.  Hope the OP has taken it all in and can see why that letter is of no real substance.

hiphop99

Hi all

I have spent some time this weekend making my notes and weaving in all of the thoughts the excellent posters in this thread have offered. I would really really appreciate it if ahead of the hearing tomorrow, someone could just have a brief look at what I have included in my notes. I plan to have these out in front of me, scattered so I can use them where necessary.

https://docdro.id/vobKt2I

hiphop99

Also - I will be Lay Representative for my wife.

Does she just state this to the judge at the outset? Some places online say that you have to submit a document to the court to do this? Could this be turned down?

KeithP

hiphop99 said:

Also - I will be Lay Representative for my wife.

Does she just state this to the judge at the outset? Some places online say that you have to submit a document to the court to do this? Could this be turned down?

As recently as Friday, this post was made:
https://forums.moneysavingexpert.com/discussion/comment/77176028/#Comment_77176028

There is a vast amount of information on this forum. Most of it is easily found.
I found that post by sticking Lay Representative  in the forum's search facility. 

Don't stay on your thread. Look around. See what's going on.