IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

CCJ. Parking fine sent to old address

Options
1323335373847

Comments

  • Olive_j
    Olive_j Posts: 195 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    I’m just hoping for it to be over and forgotten about before giving birth! Maybe even a few weeks stress free beforehand if I’m lucky :-) 
  • Le_Kirk
    Le_Kirk Posts: 24,650 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Umkomaas 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. 
    If I remember correctly, we did advise that line in the Draft Order.
  • Olive_j
    Olive_j Posts: 195 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Hi all, I'm just looking at this paragraph from the template ws & trying to make it fit with my case:

    "Even taken as an extreme close-up, with no proof as to its visibility from the parking area, the sign that the Claimant has presented as evidence has vague/hidden terms and a mix of small font, so as for it not to allow the opportunity for anyone to become acquainted with its terms. As such, as specifically outlined in Example 10 of Schedule 2 of the Consumer Rights Act 2015, the signage constitutes an unfair customer notice, and, pursuant to s62 of the same act, any terms would be considered incapable of binding any person reading them under common contract law. Consequently, it is my position that, even if I had seen signage of the sort presented by the Claimant – which I didn’t as it was not present – no contract to pay an onerous penalty would have been seen, known or agreed."

    As previously mentioned, there were no entrance signs & a computer generated image of a sign included in the bundle. The photo of the signage inside the carpark shows the signs were at floor level. Is anything in the signage attached relevant to the Consumer Rights Act?




  • Coupon-mad
    Coupon-mad Posts: 152,455 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 September 2021 at 1:36PM
    Yes because the CRA requires that terms and consumer notices are prominent.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If that sign is on he ground then, imo, no judge would agree tht it fored a valid contract.
    You never know how far you can go until you go too far.
  • Olive_j
    Olive_j Posts: 195 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Could I also ask what the usual process is after submitting a consented set aside? I did so at the beginning of Aug, received confirmation email back from CCBC and haven't heard anything else since. Nothing from my local court. Should I of heard by now or do they contact you once a decision is made?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Olive_j said:
    Could I also ask what the usual process is after submitting a consented set aside? I did so at the beginning of Aug, received confirmation email back from CCBC and haven't heard anything else since. Nothing from my local court. Should I of heard by now or do they contact you once a decision is made?
    Why not ring the CCBC and ask them what's going on?
  • Olive_j
    Olive_j Posts: 195 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    How many hours is the norm to include for research, preparation & drafting documents cost? I obviously can’t write how many I’ve actually spent as it’s been days & days.

    I’d also like to include how this has put considerable stress on my pregnancy & essentially ruined it for me (it genuinely has) but don’t want to appear like I’m milking it. Should I bother or not? 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 11 September 2021 at 1:23PM
    Read the post by @Johnersh yesterday or Tuesday about claiming back costs and time etc

    Edit , spelling corrected. 😁😁👍👍

  • Olive_j
    Olive_j Posts: 195 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Does PCM v Bull need to be included as an exhibit, or just Chevalier-Firescu v Ashfords LLP & Excel v Wilkinson? 
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.2K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.2K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.