NHS appointment ParkingEYE CCJ Default Judgement Address - Second Address

Umkomaas

lostCCJ said:

Coupon-mad said:

If you didn't ask for your costs then you missed a trick 

Sounds like I did - I see - there's no way to claim costs of defending it at the 'final hearing'?  Oops!

You could write to the Judge and ask. He/she will give you a definitive answer, not a parking forum. It won't cost you and it won't harm your case. Try it. 

Johnersh

You could write to the Judge and ask. He/she will give you a definitive answer, not a parking forum. It won't cost you and it won't harm your case. Try it

I wouldn't since the purpose of dealing with costs when everyone is there is so that they can raise oral argument. This is never going to be dealt with in an exchange of letter.  But there remains a slim possibility that a benevolent judge may allow them in the circs below. 

Since the order made was silent on the costs point, you could try asking for the costs of the proceedings (ie to include the set aside) at the end, if you win. That'd be on the basis that (I) you would have proven the claim was without merit and (II) you'd already proven they were never entitled to the judgment obtained. It was all entirely without merit.

Definitely no down side to raising those arguments.  You might get the costs then, but I have flagged the rule, so you can see there is at least a risk you might not get the application costs back.

Umkomaas

I'm no lawyer, so I bow to qualified opinion. 👆

lostCCJ

Johnersh said:

Definitely no down side to raising those arguments.  You might get the costs then, but I have flagged the rule, so you can see there is at least a risk you might not get the application costs back.

That makes complete sense, thank you

lostCCJ

Writing Defense now - does this argument work?

Their Particulars of Claim start "CLAIM FOR MONIES OUTSTANDING FROM THE DEFENDANT, AS REGISTERED KEEPER, IN RELATION TO A PARKING CHARGE.."

Failure to serve under Schedule 4 of POFA 2012

To claim against the Registered Keeper under Schedule 4 of POFA 2012, the Claimant must comply with Paragraph 6(1)(b) requires the Claimant to serve notice to keeper in accordance with Paragraph 9. 

Notice can be given by (9)(4)(b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period, which is defined in 9(5) as is the period of 14 days beginning with the day after that on which the specified period of parking ended.

In the order by District Judge xxx on 6 May 2021, DJ XXX says that “And on Mr xxx [the Claimant’s Solicitor’s Agent] conceding that the Defendant’s application to set aside the Default Judgement on the basis that the proceedings had been incorrectly served could not be opposed”.  Therefore the claim was not served in the required 14 days and therefore this claim against the Defendant must be dismissed under Schedule 4 of the POFA.

Redx

This could be the case against the registered keeper , but they have 6 months to issue against a driver , so the real question which could be asked in court is

Were you the Driver who parked the vehicle on the day ?

If the truthful answer is , yes , then POFA goes out of the ballpark and driver liability kicks in

In short , POFA protects a keeper who was not the driver , but POFA compliance is not mandatory

So in reality , I cannot answer the question without knowing who was driving , if you were the admitted driver then it's not validc, so the first posts on here indicate that you are both keeper and driver

So think carefully about it , otherwise it's easy to trip you up in Court , POFA does not seem a valid Defence point because of who was driving