PCo used temporary address to obtain CCJ, when they had permanent one

EwanHusarmee

Manchester - its my son's case and he is low waged so filled the appropriate help with costs form

EwanHusarmee

Had the court hearing on Wednesday 23/03. 
Judge did not allow me or my son to speak.
Questioned DCB Legal Rep if they had any evidence that using the old address was reasonable. He floundered. She set aside the CCJ
She has now given us 14 days to submit a defence. She was rather sniffy about the grounds we set out to throw out the case  in section 2 of our statement supporting our application to set aside (shared google drive PDF)

DCB Legal submitted a lengthy witness statement , in an effort to prevent the set aside and make the judge maintain the judgement, which presumably is their case in a nutshell.

My issues are 1 - why did the judge not throw the case out under CPR 3.4 as the statement of claim was 
"1. THE DEFENDANT(D) IS INDEBTED TO THE CLAIMANT(C) FOR A PARKING CHARGE(S) ISSUED TO VEHICLE XXXXXX AT VARIOUS LOCATIONS. 2. THE PCN(S) WERE ISSUED ON 20/11/2019 29/11/2019,09/10/2019,11/10/2019,21/10/2019 18/11/2019. 3.THE PCN(S) WAS ISSUED ON PRIVATE LAND OWNED OR MANAGED BY C. THE VEHICLE WAS PARKED IN BREACH OF THE TERMS ON CS SIGNS (THE CONTRACT), THUS INCURRING THE PCN(S).4. THE DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID NOT. D IS LIABLE AS THE DRIVER OR KEEPER. DESPITE REQUESTS, THE PCN(S) IS OUTSTANDING. THE CONTRACT ENTITLES C TO DAMAGES. AND THE CLAIMANT CLAIMS 1. £840 BEING THE TOTAL OF THE PCN(S) AND DAMAGES. 2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATEOF £0.10 UNTIL JUDGMENT OR SOONER PAYMENT. 3.COSTS AND COURT FEES"
which is exactly the same minimal information that had a previous case of mine thrown out.

2. Given the Judge said our arguments around double recovery were "cut and paste from google" is it wise to go with this again in our defence?

3. The PCo witness statement includes their pre-action letter - which only claims for 2 of the 6 PCNs - is it worth raising this as a process point?

4. My son has mental health issues, if we had been aware that the PCo was pursuing these tickets (seriously - we never got a single letter from them), we would have asked the university (landlord of the parking spaces) to intervene. Is it worth raising this?

5. Is it worth me adding a witness statement to the defence to the effect that we never had any letters at the registered address, despite receiving lord knows how many the first time they went after him (11 PCNs that time)

Johnersh

If the the case has been kept in play, you are not going to get the case struck out for an abuse of process. That does not mean that it is acceptable to "enhance" each charge with an additional sum, which is still an abuse, may not be permissible under the contract depending on what it says).

Further even if £70 odd was being spent chasing down tickets (ask them for invoices pertaining to those costs), that was all in relation to the wrong address. Why should the defendant pay for the negligent actions of the debt collection agencies engaged by the claimant? 

Coupon-mad

Just use & adapt the template defence, which is completely up to date.  Do not refer to other PCNs.

Fruitcake

Get the Uni involved now, and remind them of their legal duty of care to people with mental health issues in accordance with the Equality Act 2010.
If they knew of your son's problems beforehand, then they may be guilty of direct discrimination.
If they did not know beforehand, but now fail to act, they may be guilty of indirect discrimination in accordance with the Act.

It is never too late to get a landowner cancellation.

Definitely include the points about never receiving anything prior to the claim in your defence.

The fake add-ons are already addressed in the new template defence in the sticky Announcements.

Do mention your son's mental health issues and that the claimant may be guilty of indirect discrimination in accordance with the EA 2010 by not making allowances beforehand, and not making allowances now they know.

There are a couple of minor issues with the landowner contract, but they are more suited to the witness statement stage.

Half_way

Get the Uni involved now, and remind them of their legal duty of care to people with mental health issues in accordance with the Equality Act 2010.

You should also pre empt any rubbish from the uni along the lines of nothing to do with us you need to contact our third party parking contractors as we will not be getting involved

 And remind them that they are jointly liable for th actions of their agents

EwanHusarmee

Thanks all - so for clarity 
1 - email the Uni - thought son had already done this - but he hadn't which is good so we can beef up with above
2. - adapt the standard defense
3. - Ignore the hope that it will get thrown out 
4. Ignore the Preaction letter only covering 2 of 6 PCNs

KeithP

@ForresterBear42, welcome to the forum.

How do you fit in this story?
Are you the same person as @EwanHusarmee?

Is it wise to disclose the defendant's father's full address in your post?

Fruitcake

I have reported ForresterBear42's post because it appears to contain personal information. That poster and any regulars should do the same to get it removed.

If you are involved in this thread, please explain how, then repost your information but with all personal data, including PCN numbers redacted.
For confirmation, please get the OP to vouch for you otherwise we could all be headed down a big black hole of misinformation.

ForresterBear42

Sorry - just spotted our address. Smacks head! Can you delete apost?