Court Hearing. Need BPA Contract Terms & Conditions - URGENT

reach4thelasers

I am taking a parking company to court trying to get a CCJ set aside.  I was actually a permit holder, the car park was at my apartment building. But my car broke down and I had a hire car for 2 weeks and got a couple of tickets.  Now I've got a CCJ - how ridiculous is that?

Anyway they are really fighting it.  We are going to court in a month.  They have disclosed their BPA Contract, we asked for the terms and conditions and they provided a heavily redacted version.

This is a standard BPA Contract - can anyone supply the unredacted terms and conditions: there's obviously something there that damages their case.

Coupon-mad

This isn’t a BPA contract, there is no such thing.  Also, if you are seeking a set aside, your upcoming hearing is NOT to hear the defence against the PCN, it’s to hear your application about why the claim form was defectively served.

Usually you then get a second hearing about the claim itself, once the CCJ is set aside if the Judge is with you about it being defectively served (to an old address, usually).

I fear you are concentrating on entirely the wrong thing for this hearing if you haven’t yet provided a witness statement and evidence showing that you’d moved house but were there to be found, and that all the parking firm had to do was trace you (offered free by their mates the DCAs).

The fact you have a defence is needed but it is secondary (13.3 of the CPRs).

Usually the first argument cites CPR13.2 and goes to town on the PPC’s failure to comply with the BPA CoP and pre action protocol and CPRs, all of which require a claimant to establish the correct address for service, before filing a claim.  Did you cover all that and is your evidence in, along with a relevant WS about how come the claim wasn’t defended?