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Help needed with set-aside (UKPC)
Comments
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Another thought I had - I've received absolutely nothing from the solicitors of UKPC - (i.e no witness statement from the Claimant). Reading other set-aside threads this seems to be the case that the defendant receives some sort of paperwork from the claimant - but I've had nothing (I still do this day have not received the claim form - request for it has been ignored).0
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That does often happen. This is your hearing so wallop a skelly and those authorities in, and make it your mission to not only get the CCJ set aside but also your costs refunded.
And IMPORTANTLY, the entire claim dismissed, based on you arguing the '4 months dead claim' point, using the Boxwood and Marks & Spencer authorities the same way @eb23456 did in their WS (copy their words about those two cases into a skelly).
You cannot argue them only verbally.
The Judge wants the transcripts of any case law you intend to rely on, and will read them beforehand.
Send your skelly and authorities by email to both the local court and the Claimant's solicitors. You have to be open.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 don't have any trascripts - I can't see either of the two cases listed on parking prankster - nor could I find them on google.
IS the form EX107 the best option to get hold of them? How much does it typically cost and what is the typical turnaround? I'm not inclined to sink more money into this if I can avoid it...0 -
Not all cases are hosted by the several years old archive Parking Prankster blog pages. They are not there. Hardly any transcripts are there.
Are you saying that you can't find them on Google (Swarb results are good) despite the fact that the WS by @eb23456 gives the claim citations in full?
No you don't use a form nor pay a fee.
You simply Google the full citation name/numbers. You then look for Swarb or Casemine results that lead to the transcripts.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 THREAD1 -
thanks coupon-mad. You are a star.
PS I saw the C5 programme you were on recently - I have to say you deserve so much for all you do here! I will be sticking around for the consultation and will be giving it with both barrels.
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Hearing tomorrow morning.
Hopefully got enough juice to counter any argument that DVLA address data is sufficient.
Learnt salient points from the two linked CPR7.5 cases.
Wish me luck!
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Good luck.1
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Hearing over - success
Claimant/solicitors were not present.
The judge told me that the Claimant put in a new order (days ago) which stated the case to be set-aside, the registration cancelled and the case dismissed. This order was via e-mail - which I did not recieve.
I asked about my costs - £275 (N244) + £190 (L.I.P) + £95 for taking day off - Judge awarded me the first two (£465). So overall a very good day. He said I couldn't get both the £190 and £95 - and I wasn't in the mood for arguing with him.
A massive thank you to @Coupon-mad and everyone else who assisted (both on this post and the dozens of other posts I've read).
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msx999 said:Hearing over - success
Claimant/solicitors were not present.
The judge told me that the Claimant put in a new order (days ago) which stated the case to be set-aside, the registration cancelled and the case dismissed. This order was via e-mail - which I did not recieve.
I asked about my costs - £275 (N244) + £190 (L.I.P) + £95 for taking day off - Judge awarded me the first two (£465). So overall a very good day. He said I couldn't get both the £190 and £95 - and I wasn't in the mood for arguing with him.
A massive thank you to @Coupon-mad and everyone else who assisted (both on this post and the dozens of other posts I've read).
I bet their draft Order said they wanted 'no order as to costs' which we are seeing PPCs trying these days in set aside cases (and at least one Judge fell for it).
I think we may have to start advising people to pre-empt that with a paragraph stating that the Defendant has neither signed nor seen any 'consent order'. In the event that one is put forward by the Claimant, trying to shoehorn in 'no order as to costs', then the court should be aware that does not come from the Defendant, flies in the face of justice (given the Claimant's failure to spend 29 pence on a soft trace pre-litigation, in clear breach of their binding Code of Practice) and is a (new for 2022) template attempt at damage limitation by the parking industry and their aggressive roboclaim 'legals'.
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 THREAD2 -
Just to add: please read this and bookmark the top thread by MSE_JC and set email alerts in your profile now:
https://forums.moneysavingexpert.com/discussion/comment/79326635/#Comment_79326635
You will not want to miss out. The race to court culture MUST end. You will want the Government to hear you, I'm sure!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:
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