CCJ - Unsure If I can fight it!

BangeF2

ok so im familiarising myself with  EXCEL v WILKINSON JUDGMENT. 

@jrhys also speak about 'their' WS which i do not have and therefore cannot refer to so im unsure how to make any counterarguments in my WS. 

BangeF2

also would it helpful to refer to the Beavis case? 

Coupon-mad

Yes, distinguish your case from Beavis.  This stage has nothing to do with citing any CPR and is more about case law like Beavis, statute law like the POFA 2012 and the CRA 2015, and the relevant version of the Trade Body code of practice that applied at the time of parking event.

Plus your evidence as to the facts and why you think the driver was authorised and not in breach of any clear terms on prominent signage.

BangeF2

Coupon-mad said:

Yes, distinguish your case from Beavis.  This stage has nothing to do with citing any CPR and is more about case law like Beavis, statute law like the POFA 2012 and the CRA 2015, and the relevant version of the Trade Body code of practice that applied at the time of parking event.

Plus your evidence as to the facts and why you think the driver was authorised and not in breach of any clear terms on prominent signage.

 ok so with the TRade Body code of practice, which apply to my case? My case being that i didnt see the signage, the writing is small and that in the time of now, as I am dealing with it, I cannot remember any of the other facts or details as to why i parked there etc. I also plan to add that a few years later, once I hear that people were getting tickets for parking there, we noticed a lady walking around the area booking people and taking pictures, immediately as they stopped in the area without any notice or warning. I have 9 tickets, surely if someone who was taking the pictures etc had come over to me I would have stopped parking there. 

BangeF2

Regarding costs: The totally amount in the letter before claim is nearly 1500 but the amount of the ccj is around 700 but im confused whhats costs i need to be referring to in the WS or defence to be dismissed? Each of the 9 parking tickets were £160 each, and the particulars of the claim only talks about 4 of the parking ticket dates and the claimant claims: 100 per PSN, 60 pr PCN contractual costs pursuant of the contract and PCN T &C plus statutory interest of £86 quid to s69 of the country courts act 1984 at 8% per annum, continuing at 0.14p per day! What do i need to be referring to in relation to dismissing costs? 

Coupon-mad

so with the TRade Body code of practice, which apply to my case?

The one that applied on the date of parking event, as I said.  You only have to Google it as you must already know whether your PPC is in the BPA or the IPC, given that appears on all their paperwork and signs and on their website, if you didn't know which AOS they are supposed to adhere to.

BangeF2

Coupon-mad said:

so with the TRade Body code of practice, which apply to my case?

The one that applied on the date of parking event, as I said.  You only have to Google it as you must already know whether your PPC is in the BPA or the IPC, given that appears on all their paperwork and signs and on their website, if you didn't know which AOS they are supposed to adhere to.

its the iPC! - also the signs are so zoomed in you cant a actually see where they are placed, how high or even if theyre easy to notice!

BangeF2

court orders after CCJ
CCj has been set aside according to CPr 13.2
defence to be filed by 4pm by defendant on x date
Claimed to pay the £255 costs, and it also says ' the court waiving the requirement for a statement of costs under CPR PD 44.9' << what does the last bit mean for me except that i get the £255 back (which I already have!)

BangeF2

Also re the PCN, i didnt get any of my NTK's for any of the tickets due to them sending everything to an old add. They didnt check simple things like experien or credit karma to see where i lived in the current day and ive been on the electoral role so they could have sent all the PCNs to the right add, and the letter before claim show thats they were able to source me eventually and had they tried earlier, they would have been able to send the PCNs to the correct add etc and the i would have done something about it!

Coupon-mad

Yes, we know, but they sent it to an old address due to you not updating your logbook, presumably!   And none of the above is relevant now because you are saying that the CCJ has already been set aside.  So concentrate on the defence of the PCN now, as if none of this had happened and you are now at square one, defending the actual charge and circumstances/signs.

Claimed to pay the £255 costs, and it also says ' the court waiving the requirement for a statement of costs under CPR PD 44.9' << what does the last bit mean for me 

It just means they didn't make you prove or 'assess' your costs, because they court knows that £255 was paid by you.