CCJ Set Aside Hearing due – claimant One Parking Solution via DCB Legal Ltd

D_P_Dance

Have you asked to "Unreasonable behaviour"  costs under CPR27.14(2)(g). 

Le_Kirk

Well done, a good outcome - so far, let's hope the underlying claim goes as successfully.

Coupon-mad

mike58 said:

Set Aside Hearing, adjourned from Jan 17th to today, successful. CCJ set aside.

I had put the Claimant "under notice" of my change of address by writing to them at the time of the alleged infringement.

Also important in this hearing was being able to prove notification of change of address to DVLA.

Hope this helps others on this journey.

Now to submit defence to court and Claimant.

WELL DONE!  Did OPS get ordered to pay your £275 set aside application fee back, or did you remember to ask for those costs to be reserved till the final hearing, if not?

I forgot to say, Coupon-mad, the visitor parking space was in Rope Tackle in Shoreham.

So, nearby to Brighton as you guessed. We were renting for 6 months whilst house hunting. The rental came with the visitor parking permit that was displayed in the vehicle. I am awaiting the SAR outcome to see what photos were taken and whether the permit can be described as obscured.

Did you get the SAR back yet?

As I am sure PPC World soon worked out from the landmarks(!)  Ropetackle is not far from where I went to be filmed on the beach for Channel 5s 'Parking - the Big Con?' (Still available to watch on catch up I think if you wanna know who I am!).

Jenni_D

As this is a post-set-aside situation, should you also be doing your WS as well as your final defence to the PCN?

Coupon-mad

Yes, and evidence.

mike58

Thanks all for your replies of encouragement.

Yes, OPS are ordered to pay me the £275 CCJ set-aside fee. I did not get positive guidance from the judge when I brought up other costs - the impression I got was to ask that question at the next hearing, given the Claimant, despite not being present at the set-aside hearing, has indicated they will pursue the claim.

I was simply advised to get my defence to the court and Claimant by two weeks. I will ask costs against 'unreasonable behaviour' (thanks D_P_Dance) in light of the PPC pursuing me at an old address despite my prompt DVLA updates and actually writing at the time of the alleged infringement (2017) to the Claimant with my address.

So, the claimant has photos angled to show the valid OPS visitor permit as partially obscured by the windscreen bottom edging - no photos from the position any regular viewer would use, standing next to the windscreen looking down. I don't think our short-term rental contract would help and I don't have a copy. Whilst our 6-month rental contract provided parking for one vehicle directly outside our door whilst displaying a blue OPS permit, the alleged infringement is for use of a green OPS visitor permit, also provided in the rental, in a visitor parking bay. I am thinking our rental contract would not say we could have visitors without displaying the visitor permit.

Just in case OPS or their representative DCBL read these threads, I'll hold off just now from broadcasting one key element of my defence. I'll post the outcome again as promised, to help others on this journey.

In the meantime here is an example of their photos in case anyone has a ready made defence suggestion for this?

KeithP

mike58 said:

What information on that permit is hidden by the windscreen markings?

mike58

We didn't hold on to the permit when we left that address October 2017 KeithP. I've trawled the web and cannot find what is hidden. The OPS generic permit on their site contains a VALID FROM date and a PERMIT NUMBER.

Anyway, I think I have strong defence reasons without having to go into the obscured permit aspect.

What is confusing me now is the CCJ set-aside judgment order instructs me to send to Court and Claimant my Defence by 18th February 2022. This is fine. But what about the rest of my evidence?

For the CCJ set-aside hearing my bundle included a Witness Statement, Defence Summary, Draft Order and 11 exhibits of evidence (letters, docs, DVLA proofs etc).

Is the court saying they (and the Claimant) already have my evidence, so I only need to send my full Defence? From what I learned in the set-aside hearing, I at least need to add four more exhibits of evidence.

Umkomaas

Would the WS and exhibits sent for the set aside be the same as if you were defending the case from the start point, or were they set aside related only?  If it's the former, and there's nothing to add other than the 4 extra exhibits you suggest above, then I'd send everything to the court, solicitors and PPC again, that way no one can accuse you of failing to comply fully with the court Order. 

mike58

Thanks Umkomaas.

I think I understand now. It is only because I was asking Set-aside of CCJ that I previously submitted Witness Statement, Defence Summary, Draft Order and 11 exhibits of evidence.

As the CCJ was successfully set aside, I am back at the beginning of proceedings again.

So only my Defence goes in now, without references to exhibits of evidence.

That said, I like your advice and think I will add the four new exhibits to be safe.