Need help with CCJ Set Aside and issues relating to SAR

Le_Kirk

Jeff_Goldblum said:

OK, so got off the he phone to CCBC. CCJ at address 1 was for an "offences" on 01/08/2018, 13/08/2018, 14/08/2018 and 15/08/2018.
CCJ at address 2 was for "offence" on 10/08/2018.
Seems bizarre to me that they can put an "offence" in on address 2 on the 19th and send 3 out between 13th-15th at address 2. Surely this means they had my address but willingly chose a previous address so I'd miss it? 

We have read about that sort of "mistake" on here before!

Jeff_Goldblum

Le_Kirk said:

Jeff_Goldblum said:

OK, so got off the he phone to CCBC. CCJ at address 1 was for an "offences" on 01/08/2018, 13/08/2018, 14/08/2018 and 15/08/2018.
CCJ at address 2 was for "offence" on 10/08/2018.
Seems bizarre to me that they can put an "offence" in on address 2 on the 19th and send 3 out between 13th-15th at address 2. Surely this means they had my address but willingly chose a previous address so I'd miss it? 

We have read about that sort of "mistake" on here before!

Great to know thank you. Would I actually be able to use this in court or would that be considered as me "assuming" that they had intentionally done this to artificially inflate the cost of the fine when they "knew" that there was no possibility of me paying the "discounted" rate? (not that I would have anyway, mind)

Jeff_Goldblum

Also, based on the dates previously outlined, when would anyone here say the absolute limit is for me to send out the N244? I am trying but am struggling to get everything done so called "promptly". I am not a solicitor, in no way trained on the matter, no previous experience in court and work full time. I feel like this has caused me considerable distress (must have had about 3 hours sleep last night) and have had trouble putting this all together with so much pressure. Can I mention this at all in my witness statement and/or defence so the courts will understand why it may have taken me a little longer? 

Le_Kirk

Jeff_Goldblum said:

Le_Kirk said:

Jeff_Goldblum said:

OK, so got off the he phone to CCBC. CCJ at address 1 was for an "offences" on 01/08/2018, 13/08/2018, 14/08/2018 and 15/08/2018.
CCJ at address 2 was for "offence" on 10/08/2018.
Seems bizarre to me that they can put an "offence" in on address 2 on the 19th and send 3 out between 13th-15th at address 2. Surely this means they had my address but willingly chose a previous address so I'd miss it? 

We have read about that sort of "mistake" on here before!

Great to know thank you. Would I actually be able to use this in court or would that be considered as me "assuming" that they had intentionally done this to artificially inflate the cost of the fine when they "knew" that there was no possibility of me paying the "discounted" rate? (not that I would have anyway, mind)

Not sure it would work as a defence but it would (if you could prove it with timescale and letters already received) be a good point towards unreasonable behaviour when claiming enhanced costs.

nosferatu1001

Anything over three weeks from when you found out, runs a risk of being seen as too long. This is of course fir arguments under cpr13.3

Remember that they CANNOT request VRM based address more than once, the fact 2 years on they'd had no contact means you have a STRONG 

no
good
service
Under cpr13.2
You MUST read up on this. 

Coupon-mad

In your WS for each one, you should also mention the other claim number and ask for a single hearing for both so that you can expose that the Claimant has deliberately split parking charges across two claims, and served incorrectly at two different addresses, proving that they must have known one or both was incorrect.

Then add the usual Henderson v Henderson argument against detaching elements of a claim and filing two separate claims that should have been one single case (search the forum - someone found and used that wording only this week).

Ferrybird

For the N244 you don't have to write reams. Mine was only two or three paragraphs. You say that you believe the papers were incorrectly served and why (eg they already knew your address, your V5C was up to date, they could have traced you etc etc), you've acted promptly and want to defend the claims.

The N244 is just you asking the court for a hearing. You'll be given a hearing date and this is when  you will submit a witness statement about the parking events, exhibits (evidence) and a draft defence if you're trying to prove you have a reasonable chance of successfully defending the claim- you don't have to get those ready now.

Don't delay the N244 because you're trying to perfect documents you don't even need yet! 

henrik777

Jeff_Goldblum said:

OK, so got off the he phone to CCBC. CCJ at address 1 was for an "offences" on 01/08/2018, 13/08/2018, 14/08/2018 and 15/08/2018.
CCJ at address 2 was for "offence" on 10/08/2018.
Seems bizarre to me that they can put an "offence" in on address 2 on the 19th and send 3 out between 13th-15th at address 2. Surely this means they had my address but willingly chose a previous address so I'd miss it? 

I cannot stress how important this may be.

If they have instigated a claim at address 1 despite having already communicated with you (whatever the reason) at address 2 then they have not only shot themselves in the foot, they've blown it completely off.

Timelines are very important and you certainly need to check yours.

Jeff_Goldblum

henrik777 said:

Jeff_Goldblum said:

OK, so got off the he phone to CCBC. CCJ at address 1 was for an "offences" on 01/08/2018, 13/08/2018, 14/08/2018 and 15/08/2018.
CCJ at address 2 was for "offence" on 10/08/2018.
Seems bizarre to me that they can put an "offence" in on address 2 on the 19th and send 3 out between 13th-15th at address 2. Surely this means they had my address but willingly chose a previous address so I'd miss it? 

I cannot stress how important this may be.

If they have instigated a claim at address 1 despite having already communicated with you (whatever the reason) at address 2 then they have not only shot themselves in the foot, they've blown it completely off.

Timelines are very important and you certainly need to check yours.

Thanks Henrik - I have compiled a LOT of evidence with permits, signed tenancy agreements, confirmation from past employer about due process in providing parking permits etc

henrik777

What facts did the claimant have in their possession at the time the filed the claim(s)

If they had previously written to you at a newer address than the one they used on a claim form they're in a world of pain. You'll be in as strong a position as you possibly could be for a set aside.

None of those items you mention would be in their possession (or knowledge?)

Sure they prove you moved etc but i'm struggling to see how these documents show the claimant knew ?

However a dated letter from them with a different address is absolute gold, if you have it.