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Surprise CCJ old address, set aside consent denied!
Comments
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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.3 -
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.0 -
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 application3
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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 THREAD1 -
Coupon-mad said: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.1 -
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 THREAD1 -
Coupon-mad said: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.
Premier Parking Logistics. They are IPC but not BPA, I think.1 -
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 THREAD1 -
Code of Practice v6 Amended 14th June 2017-V1.pdf:-Page 33Before issuing court proceedings on any unpaid parking charge which is over 12 monthsold, 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 2422 Debt and Debt Collection22.1 Operators must take reasonable steps to ensure that the Motorist’s details arestill correct if 12 months have passed from the Parking Event before issuing courtproceedings.3
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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 THREAD2
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