CCJ. Parking fine sent to old address

Jenni_D

No order as to costs means, to me, that the judge didn't consider costs, not that they've been ruled out.

Olive_j

Jenni_D said:

No order as to costs means, to me, that the judge didn't consider costs, not that they've been ruled out.

The judge had said because they sent the initial PCN to the address on the v5, (which was updated 14 days later after moving house) he can’t agree to costs. 

Jenni_D

I'll let others more knowledgeable about such things confirm. (A judge may say something, but what matters is what has been recorded in writing).

D_P_Dance

The PPC used the wrong address for the claim.  As a conquence the OP was put to considerable expense.  Should not hs/she be recompensed?

Olive_j

D_P_Dance said:

The PPC used the wrong address for the claim.  As a conquence the OP was put to considerable expense.  Should not hs/she be recompensed?

Thank you! So a focus on the CLAIM form address (although the first judge wasn’t interested in them doing a soft search before issuing the claim form 14 months after the PCN - but I’ll give it a go again!) 

Redx

My opinion is he left it to the next judge to decide. , If you don't ask , you don't get !! Ergo , ask ! 

If you put it in and ask , they can only say yes or no , don't ask and you definitely won't get !

Coupon-mad

In your WS (to go with this defence and evidence) you need to explain about the lack of entrance signs and attach proof they added one later (too late) which means the set up at the time breached the IPC Code of Practice.

I think your defence should add a point touching on that, too. 

Then your WS needs to attach schedule 4 of the POFA and explain the fact the NTK was, as a matter of fact and law, served late. 

FrankCannon

Can Olive recover the set-aside fee if UKCPM discontinue, which they may do once they see a slam-dunk defence and WS ?

Jenni_D

FrankCannon said:

Can Olive recover the set-aside fee if UKCPM discontinue, which they may do once they see a slam-dunk defence and WS ?

Not without a counterclaim (AFAIK, and I'm not sure there's an option for a counterclaim in this scenario). She can always sue them herself of course to recover her costs.  

Umkomaas

FrankCannon said:

Can Olive recover the set-aside fee if UKCPM discontinue, which they may do once they see a slam-dunk defence and WS ?

Whether she would get it back or not, I don't know, but she should nonetheless place in the Draft Order a line requiring the repayment of the £255 in the event of the Claimant discontinuing. 

Could put UKCPM in a bit of a spin.