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Comments

  • Johnersh
    Johnersh Posts: 1,573 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Care needs to be taken where the o/p had previously resided at the relevant address and the ppc had no basis for knowing or suspecting that the address (usually obtained via the dvla) was incorrect.

    Cases can be similar but aren't necessarily the same. 
  • SSCCJ
    SSCCJ Posts: 30 Forumite
    Third Anniversary 10 Posts Name Dropper
    Johnersh said:
    Care needs to be taken where the o/p had previously resided at the relevant address and the ppc had no basis for knowing or suspecting that the address (usually obtained via the dvla) was incorrect.

    Cases can be similar but aren't necessarily the same. 
    Thank you. This is what I have been constantly thinking about. Would you suggest I should not expect 13.2 and instead work on 13.3? I will keep the defence ready in case...
  • Johnersh
    Johnersh Posts: 1,573 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    I ain't going to tell you what will work, cause only the district judge can... but there's nothing that limits you to one argument or one rule in support of an application 
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yep, do both. 

    How many months of silence from you were there before they cracked on with the claim to the address where there was no reply from?  The silence from you to any letters that the SAR (that you must do) reveals were sent out, can be argued to be a fair indicator that the person is not living there and they should have checked, as the CPRs and Code of Practice require.
    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
  • SSCCJ
    SSCCJ Posts: 30 Forumite
    Third Anniversary 10 Posts Name Dropper
    Yep, do both. 

    How many months of silence from you were there before they cracked on with the claim to the address where there was no reply from?  The silence from you to any letters that the SAR (that you must do) reveals were sent out, can be argued to be a fair indicator that the person is not living there and they should have checked, as the CPRs and Code of Practice require.
    18 months lapse. Yes SAR was submitted, awaiting response. 
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 October 2021 at 12:41PM
    Which PPC? If they are in the IPC then that CoP says they must take steps to trace the person before filing a claim. Quote it.

    Your WS numbering should be changed to normal sequential numbers but the Draft Order (which must remain a Word doc when you email it) is great and we should use that 4 months wording all the time.
    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
  • SSCCJ
    SSCCJ Posts: 30 Forumite
    Third Anniversary 10 Posts Name Dropper
    Which PPC? If they are in the IPC then that CoP says they must take steps to trace the person before filing a claim. Quote it.

    Your WS numbering should be changed to normal sequential numbers but the Draft Order (which must remain a Word doc when you email it) is great and we should use that 4 months wording all the time.
    Thanks. Will do.

    Premier Parking Logistics. They are IPC but not BPA, I think.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Loads of Claim threads about them you should read.  No links, best to search the forum yourself for that single unusual word in their company name.
    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
  • 1505grandad
    1505grandad Posts: 4,008 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Code of Practice v6 Amended 14th June 2017-V1.pdf:-


    Page 33   

    Before issuing court proceedings on any unpaid parking charge which is over 12 months
    old, the operator must first perform a suitable check of the defendant’s last known address.



    Code of Practice V7 November 2019-V1-V2.pdf:-


    Page 24

    22 Debt and Debt Collection
    22.1 Operators must take reasonable steps to ensure that the Motorist’s details are
    still correct if 12 months have passed from the Parking Event before issuing court
    proceedings.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Jeez, they love dumbing down their wording, just as the BPA has done over the years with their CoP.
    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
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