Very confused, not sure whats going on with a CCJ

Redx

Are OPS and dcb legal stupid ? , Yes , definitely

Do OPS and dcb legal use templates and issue incorrect information ? Yes , definitely , daily

Do they understand and follow the concept of due diligence ? , No , definitely not !

We see this foolishness daily on this forum , until the day of judgment

Make sure that your WS lists their errors as well as bolsters your own

Concentrate on doing what you are required to do , don't be sidetracked by the foolishness of people who don't ensure that they are au fait with their claims , they deal with many so time is divided , you are engrossed in one claim only , your own , meaning that you will always be further ahead because of your focus and research and knowledge

Coupon-mad

I'd be careful here and not at all complacent.

Set asides are easy to lose if a Judge believes the claim was properly served.  We had one this week where the Judge disagreed with the mandatory set aside under CPR 13.2 (but luckily accepted the applicant defendant had acted promptly and had prospects of success, so allowed the safety net alternative argument of CPR 13.3, at the court's discretion (a dodgy position to rely on).

They have cited two authorities against CPR 13.2 and have said you didn't act promptly enough for CPR 13.3.

And they are saying the claim was served to the address you provided in your appeal.  If that's true, how will you lead the Judge to find in your favour?  Or is it not true?

teknotel

Coupon-mad said:

And they are saying the claim was served to the address you provided in your appeal.  If that's true, how will you lead the Judge to find in your favour?  Or is it not true?

It is true. I sent an email and put this address at the top, I mentioned this already earlier and was my major concern with this.

At the time I didn't trust these people and didn't want them sending anyone to my actual residence so on the top of my email appeal I put an address for a property I own but do not reside at.

All communication from this point onwards was sent to this address and I never recieved it.

However this address is not my DVLA address or electoral roll address. They had been communicating with me successfully at my electoral roll address and through my email address, therefore isn't the last successful address they had communicated with me at. Not one communication sent there was ever recieved or replied to.

They never tried either my electoral roll/DVLA address or email adress which they had succesfully contacted me on again. If they had we wouldn't be here now. I would have successfully appealed this through POPLA.

Redx

You do realise that the claimant cannot check the DVLA database more than once per PC. ?

They are not allowed multiple look ups , just one , within 6 months of the incident , under their KADOE

Yes maybe they should have done a trace on your current address ,cwhich they are normally expected to do , but I wouldn't be bringing the DVLA database into it , because that argument is easily shot down !

Stick to electoral roll address and email address

teknotel

Redx said:

You do realise that the claimant cannot check the DVLA database more than once per PC. ?

The address they got from the DVLA in their initial check was the correct one. This never changed. They communicated with me successfully here throughout this matter.

Coupon-mad

Ok so you will be saying that they had a possible two (three?) addresses for you, plus an email address, and despite getting no responses at all in the x months/years since the appeal (which is a 'reason to believe' that address may no longer be good for service) they made no attempt to email you or to carry out a soft trace.

That would have cost from just 29 pence for bulk checks from Experian and both the BPA and DVLA have told AOS members that a CRA check is both allowed and expected, before court action.  This is because DVLA data is unreliable in itself; estimated to be wrong or address changes delayed in up to a third of cases.

And the CPRs also require any ambiguity re service addresses to be checked before claims are filed (you will have to check which rule talks about service of claims and checking of service addresses).  Judges seem to expect to be 'walked' through the law and CPRs and you must play the game better than OPS.

Basically, a PPC can't just 'choose' one address of several known addresses, without checking.  The Government and HMCS agree and are extremely concerned about the parking industry's major role in default CCJs in the small claims track:

http://parking-prankster.blogspot.com/2016/12/government-announce-ccj-review-due-to.html?m=1

https://www.gov.uk/government/news/new-measures-to-protect-consumers-from-debt-claims

Ministers say that is unacceptable and will consult on ways to protect people from having their credit ratings affected despite being unaware of the claims made against them. They will also examine to what extent unscrupulous debt agencies have contributed to the problem.

The consultation will consider how the current system can be improved and reinforced to ensure that companies take all reasonable steps before they are able to apply to a court for a claim.

The consultation will look at ways to:

• better protect consumers who are sent mail to inaccurate addresses
• verify addresses again before a claim is sent
• protect people’s credit scores from being damaged if they resolve outstanding debts quickly
• consider how modern communication could notify people of outstanding debts
• assess the role of parking companies and examine how drivers are informed of fines

Announcing the measures, Justice Minister Sir Oliver Heald said:

It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments.

In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.

teknotel

Thank you for all the advice. Received this yesterday, what does this mean, is it good?

Redx

Who knows ?

Dcb legal are saying that their client is not attending in person as the claimant , so could be leaving it to a hired gun lawyer , or dcb legal

I would not read much into it , although the OPS guy tends to attend them , even by phone or video link , so maybe he isn't , or maybe they will rely on papers , let us know next week

teknotel

Hey guys, Hearing is on Wednesdays. I may have left it a little late, but I am unsure as to what will happen, what I will be expected to say, the format and basically all process surrounding it all.

Is there a guide anywhere on the site?  I thgink I understand my argument but do you have any final tips or suggestions before it happens Wednesday morning?

Can't wait for this to be over, really hope it goes well.

Redx

teknotel said:

Hey guys, Hearing is on Wednesdays. I may have left it a little late, but I am unsure as to what will happen, what I will be expected to say, the format and basically all process surrounding it all.

Is there a guide anywhere on the site?  I thgink I understand my argument but do you have any final tips or suggestions before it happens Wednesday morning?

Can't wait for this to be over, really hope it goes well.

The coupon mad telephone hearings thread is one source , written by coupon mad over 18 months ago

Plus read a dozen completed court cases within the last 12 months , see their court reports , it's how we learn a lot too

No research is bad for you , so search and read , like we do