CCJ issued to old address (Knew about PCN)

ArthurB33

henrik777 said:

"due diligence"

I've amended to "reasonable diligence" as per one of your advice posts, thanks!

ArthurB33

Hi all - I've done some more reading and I'm feeling a little worried that I responded by email to a letter received from VCS (3 years after the alleged parking incident), unfortunately I lost the letter when moving house so I cant recall exactly what it said. I received an email stating they would respond, but I never received a word.

Because i'd responded, how does this affect the 'did they have reason to believe I no longer lived at that address / did they take steps to find me'?

As one of my posts above, the V5C has been registered at my parents address since before the PCN was issued, and the registered address is still current due to it's stability. So I was there to be found.

Should I be concerned? 

Thanks!

Coupon-mad

Surely the fact that you were responding from that old address, but subsequently stopped responding and in particular, didn't reply to a LBC, is even better 'reason to believe' that you no longer lived at that address.  This is good ammo, not bad news.

ArthurB33

Coupon-mad said:

Surely the fact that you were responding from that old address, but subsequently stopped responding and in particular, didn't reply to a LBC, is even better 'reason to believe' that you no longer lived at that address.  This is good ammo, not bad news.

Thanks Coupon - I like your spin on that!

For arguments sake, if it was a LBC that was issued and I responded via email, how would that effect me? They said they would respond but never did. It was over 12 months ago and I'm really struggling to remember what the letter heading was.

Thanks for your continued help.

Coupon-mad

None of this badly affects (not effects) you.  The CPRs require a Claimant to take reasonable steps to trace a defendant before issuing a claim if there is any reason to believe the address is no longer correct.  A DVLA address is always unreliable, notoriously so, and even the Ministry of Justice knows this and started a consultation about the damage that parking firms do by using old addresses:

https://forums.moneysavingexpert.com/discussion/comment/78482010#Comment_78482010

We really do repeat this stuff, day in, day out.  Be confident!

ArthurB33

Hi All - I've received my hearing date is which is be via over the phone and need to start preparing my skeleton argument. I've read through the sticky this morning but I'm struggling to understand what I need to do.

Would anyone be able to point me in the right direction of where I need to be reading?

I note an example of the skeleton argument in this thread https://forums.moneysavingexpert.com/discussion/6083420/ccj-at-previous-address-from-ppc/p7 which seems similar to points raised within my witness statement.

Just a bit confused about what needs to going into the skeleton argument!

Any help would be great thanks/

Le_Kirk

You only "need" a skellie if your case is complicated.  What you probably need is a crib sheet with the salient points from your defence/WS so that you don't lose your way through the hearing.  The points you put on your skellie are just to remind you of the important facts that you want to get across to the judge.  The judge will lead the case anyway and has your defence and your WS (which hopefully he/she will have read!)

ArthurB33

Hi Le_Kirk - the hearing letter received from the local court asked me to provide a skeleton argument, so now I'm wondering if it needs to be as detailed as the WS. 

As part of my WS I provided quite a lot of information and 'told the story' of why I hadn't received the claim form. I assume I issue all of this again as part of my bundle.

Thanks!

Le_Kirk

ArthurB33 said:

Hi Le_Kirk - the hearing letter received from the local court asked me to provide a skeleton argument, so now I'm wondering if it needs to be as detailed as the WS. 

As part of my WS I provided quite a lot of information and 'told the story' of why I hadn't received the claim form. I assume I issue all of this again as part of my bundle.

Thanks!

OK, not come across that one before.  All you need then is a skeleton, the bare bones of your defence and evidence.  Keep it to one side of A4, just put the most important points first, make sure you cover all the points and you could refer each of your numbered points on your skeleton argument to a corresponding paragraph number in your defence or your WS.

ArthurB33

Thanks for your advice Le_Kirk.

I've been copied in on emails from the claimant which includes their bundle of information. My understanding is that I will need to submit my own bundle of information with my skeleton argument?

Thanks!