Claim f0rm please assist

tfc12345

They state one  was sent to a current address - but not received


The claim form and other preceeding was sent to old address


So not received 

Is there any  circumstance in which even consent order refused? 

Again am sorry but priority think is thr added cost of applications etc

@henrik777 any advice would be appreciated 

Umkomaas

Which parking company?

How much was the CCJ for?

tfc12345

Would rather not divulge if ok... @Umkomaas


Can I ask why?

Its not so much the amount, its the swift resolution really

Umkomaas

tfc12345 said:

Would rather not divulge if ok... @Umkomaas


Can I ask why?

Its not so much the amount, its the swift resolution really

Because there may be other pieces of information available to you if the full picture is apparent. Half the detail risks half the advice. 

Your choice.

henrik777

If it weren't for the mortgage you'd hold all the aces.

To have an easy mandatory win all you need is enough proof they had "reason to believe" you no longer resided at that address. This causes them a great deal of issues, but if they were well versed they could still use the old address. However due to the amounts involved in parking cases the chances of them following the rules exactly are somewhere between nil and SFA.

If you want an easy life consent.

If you want to win gather evidence they had "reason to believe" you didn't stay there nulling the address as valid for service (without the many hoops being jumped through) and you get what you want plus in all likelihood your costs.

henrik777

Ultimately the amount of evidence, and the weight which the court places on it, is for the court.

Lack of reply backed up with proof they tried a different address ought to be enough in my opinion.

tfc12345

Thank you - the solicitorfor claimant are requesting evidence eg letters not received -etc and will then consider consent 0rfer
Appearance was that this would be relatively straightforward however,  doesn't necessarily appear so
Any advice on how to present application for C. O? would be appreciated

BW

Coupon-mad

You can show them evidence that you moved on xx date and that you were on the voter's roll, facebook, LinkedIn or whatever and had taken out car/home insurance and a loan or phone contract using that address (which shows on a soft address trace) and thus, you were 'there to be found'.

The PPC took no reasonable steps to ascertain which address was correct.  And they held two, didn't they?

If one letter was sent to the new address (according to them) whilst you can't prove a negative you can honestly say it did not arrive and that you will say that in your witness statement, signed with a statement of truth.  So in fact, the very fact the C admits they had two addresses actually helps to damn them!  They had two addresses so could not be held in a month of Sundays to be 'sure' that the old DVLA-bought address was the right one.  In fact it was safer to conclude you had moved, due to your silence and the time that had passed and that they had a second (newer) address but didn't serve a LBC or the claim there.

tfc12345

Thank you - think they are claiming the one letter to alternate was an LBC and followed  procedure and were entitled etc etc

Not sure if this correct seems unlikely 

Coupon-mad

So if they sent a LBC to the new address, why did they then revert to the old address for the claim?  This all looks bad on them bcause they had two addresses.