CCJ Sent to old address - Napier Parking, BW Legal

henrik777

I am confident that the court will not dismiss the claim and will award me the £255 filing fee, including my costs of attending the hearing. 

I assume you mean application, not claim ?

ngwino88

They are not kisses. 

ngwino88

Thank you all, I'll make it short and snappy and maje necessary tweaks. 

ngwino88

As expected immediate response was to reject the offer:
Email from BW-Legal. I will now wait for the Hearing in March. Thanks again everyone for your help.

Dear .............,

Thank you for your email.

Your offer is rejected by our Client.

Our Client did not have good reason to believe that the address might not be correct as you allege.

It is noted that you state that in April 2018 you moved out of the address of XXXXXXXXXXXXX, yet as at the Contravention Date  (22 September 2018), this address was still registered with the DVLA.

Having received no mail returned as undeliverable, our Client and our firm had no reason to believe that this address was not your last known correspondence address. Furthermore, upon moving properties, it is your responsibility to ensure that all relevant parties are updated (for example, the DVLA) and also that a suitable postal redirection be in place. Our Client cannot be held responsible for your failure to do so.

It is disappointing that you do not wish to resolve this matter amicably, and we confirm that we remain instructed to oppose your application and seek the costs associated in dealing with the same.

Yours sincerely,...............

D_P_Dance

Furthermore, upon moving properties, it is your responsibility to ensure that  ...  a suitable postal redirection be in place. 

Not necessarily,  

Coupon-mad

Also, even if you had changed the DVLA data later that year, parking firms are only allowed to get it once.

Somewhere, the DVLA reminded parking firms that they should (maybe 'could'?) carry out a trace before filing court claims but I have no idea whether that was on someone's FOI reply or what.  I just recall seeing it a couple of years back.  PPCs know that DVLA rk data is unreliable, that is without a doubt, and that failure (due to a mixture of human error/omissions, and DVLA data update failures) is why this major review occurred:

http://parking-prankster.blogspot.com/2016/12/government-announce-ccj-review-due-to.html

No-one blamed consumers.

ngwino88

Morning everyone,
I thought l would give you an update. I finally received the SAR information whci provided all the letters that were sent to the wrong address over 16 months. It also has pictures of my car parked in the carpark and a pucture of my dashboaard with a parking exemption in the dashboard, hiwever it was for council carparks and l had accidentally written the date before e.g. 16th instead of 17th. Being new in my role at work l was handed a bioklet of parking eception for carparks in Peterborough but it was not explained that it was only for some car parks. I can see what happened now but l wanted to confirm that my defence/witness statements overall stay the same as the main point is had l received the letters in the first place l would have paid but they were continuously sebt to the wrong address. Is this the case. Do l need to email and updated witness statement and draft defence explaining the information l now know from the SAR but only update this. Do you think this reduces my chance of success of the argument is still valid. 
I wiukd rwally calue your guidanceas to how to proceed as l hace today and tomorrow to email any updates according yo the hearing letter, before the upcoming telephone hearing. 

nosferatu1001

That isnt your bloody main point! Your defence isnt " I am liable, charge me a lot" for crying out loud...
Given youi cannot change your defence, yes, it stays the same. You have read the defence and understood it?>

rdr

D_P_Dance said:

Furthermore, upon moving properties, it is your responsibility to ensure that  ...  a suitable postal redirection be in place. 

Not necessarily,  

Royal Mail redirection can be used for a maximum of 2 years, it appears that it is longer than that since the PPC got the keeper details.

henrik777

Furthermore, upon moving properties, it is your responsibility to ensure that all relevant parties are updated (for example, the DVLA) and also that a suitable postal redirection be in place. Our Client cannot be held responsible for your failure to do so.

DVLA rules, good housekeeping and your clients profit levels have nothing to do with service of a claim form. Service is dealt with via CPR 6. Nothing more, nothing less.