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Help needed with set-aside (UKPC)
Comments
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Just as an update.
I called the court which is hearing this case to find out about hearing dates - having not heard anything for a while. The clerk said there is a massive back log, but the judge may have already looked at the case and made a judgement, and if so, I will get something in writing soon. Else it will be transferred to a hearing. Thought that was a bit strange, but I will continue to wait.0 -
I wouldn't. You can't let that lie if the clerk wasn't even able to tell you if you'd missed a court hearing letter. You were NEVER going to agree to a hearing 'on the papers' in your absence, so that answer isn't good enough from a court.
Email the court manager and complain about this; check they have the right address for you and state you do not agree to a hearing 'on the papers' in your absence. You are waiting to hear about your hearing and deadline to submit your witness statement and feel the answer on the phone was not helpful.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
I actually went into the court (having need to get documents signed/witnessed by the court on a seperate issue), and asked the person about my case, was told exactly the same thing - judge is due to see your files soon, and will decide on your order, or a hearing date. I will proceed to email the court to find out exactly what is going on...
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Hearing date received for July... The fun begins...
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A few questions/clarifications before my hearing in under 2 weeks time.
I need a pocket defence (I haven't been asked for anything) showing how I would have defended my original claim. If this includes pictures/videos of the parking site - how can I show this?
My main concerns (after reading lots of threads) are the judge agreeing with the Claimant that incorrect DVLA data could be used for service of court proceedings. This can be countered with the Code of Practice and CPR requiring to ensure service is to the correct address.
I take it I'm just going through my WS - perhaps clarifying anything the judge may need extra information about. As I didn't include any authorities is it worth researching these and having a crib sheet to refer to (e.g Boxwood)?
I'm definitely going to have a timeline of events - and make a strong case that I tried to resolve this outside of the courts by seeking a set-aside with consent but was ignored.
I'm going to attempt to learn more about CPR 13.2, 13.3, and 7.5 and how they work with their related rules to better articulate my position and reasoning for seeking a set-aside. My research tells me that if I do get the CPR13.2 for defective service - then costs are generally awarded to the defendant - but if it's a 13.3 'by any other means', then the Claimant does not pay my costs.
Any other tips/advice for the hearing?
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You meed to look at the Template Defence thread. Adapt that.
It does not include photos or evidence (that would come later, if your Judge doesn't strike out the claim as 'dead' based on the Boxwood authority you need to point him/her to, that I assume was in your WS?).
Is this an in-person hearing now?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Yes it is in-person - should have made that clearer.
Well I'm hoping for the 13.2 or 7.5 either way as the original parking charge started in April 2016 we are well past the 6 years now, so if set-aside I don't think there will be another hearing. Is this something I need to point the judge towards (or will it be obvious to them?).
My point about pocket defense was in case of the judge setting-aside by any other means (as a fallback for not allowing 13.2) - then I take it I need to demonstrate how the original parking charge notice would have been defended.
Unfortunately the WS shown on previous page is what I submitted - I know @Coupon-mad you were not able to assist for a while and I didn't get any feedback till it was too late. I've made no references to any authorities, so my question is, is it worth having a few up my sleeve in case of potential difficulties?
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Yes, you can say the claim is dead due to the BoxWood and Marks & Spencer case authorities, and that it is statute-barred.
Therefore, because the claim was never served and was blindly sent to an old (and known to be very unreliable) DVLA database 'car reg' address, it cannot be resurrected by a court now.Agreed.
My point about pocket defense was in case of the judge setting-aside by any other means (as a fallback for not allowing 13.2) - then I take it I need to demonstrate how the original parking charge notice would have been defended.
As you have not sent anything about the case law authorities yet, draw up a Skeleton Argument (no signature nor statement of truth needed) using the wording seen in the CCJ thread by @eb23456 this week about the 2 above cases.
Also attach the BPA Code of Practice section about checking details before litigation, and copy eb23456's wording about that AND the new DLUHC code of practice about the requirement to carry out a 'soft trace'.
File and serve your skeleton argument and authorities by email, early next week (to the local court and UKPC's solicitor). There is no deadline for a skelly. Also file and serve your costs assessment including any loss of leave to attend the hearing and of course your £275 fee.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 -
Due to life, child, and work, I have had no time to send the Skelly -I've got something I could potentially send today.
My hearing is on Monday (11th).
I did include a costs schedule with my WS upon the initial application.
Can I not verbally state the relevant authorities which back up my WS? Or shall I just press on and file the skelly today?0 -
sorry just re-read @Coupon-mad post about no deadline for a skelly - will try to get it in before lunch!
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