CCJ - Parking fine (DCBL)

Coupon-mad

I think that's fine as long as the whole rest of the template is used. Covers all the bases you need.

paulr23

Coupon-mad said:

I think that's fine as long as the whole rest of the template is used. Covers all the bases you need.

Many thanks

paulr23

I will update you all on my case, I have sent my defence to the CCBC along with a N180 form (on a separate mail) and also sent the N180 form to DCBlegal who are ukpc solicitors.

Coupon-mad

Great!

Your case will go quiet for a while but stick with us here and check every week if the Government's final Public Consultation has opened.  Don't miss it!

paulr23

I have a question related to 6.9.3 as I dont fully understand it...

(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

In my case, where they have done a trace against me, does this mean they have failed 6.9.3 as they didnt use my last known residence (they had it from DVLA) and also failed to do due diligence in finding my current residence?

I don't fully understand the wording behind it, and just trying to brush up on this incase I need it at the hearing.

paulr23

So a little update, I have spoken to the person who owns the house where the claims letters were sent in order to get further proof of me moving out a long time before the claim letter was sent (its an ex partner) and she has told me that any letters there got put back into the post box and marked with not known here or something. So I have a question, is there anyway I can prove this, would it have been DCBLegal who sent the letters and therefore should have returned mail notifications about the letters they sent? If so this is pretty damning evidence. 

I fear they might withheld this information from me considering that though. 

EDIT - She has just kindly sent me the email she sent to the council applying for the single person discount on the council tax in early 2019 so hopefully this is enough evidence and has put my name on there as the person who moved out.

Coupon-mad

Would she give you a short, signed & dated (under a statement of truth) WS stating that she returned all letters addressed to you, to the senders marked 'NOT KNOWN AT THIS ADDRESS'?

That would indeed help because they knew you were not getting the letters, and you can only conclude that they took advantage.

paulr23

Coupon-mad said:

Would she give you a short, signed & dated (under a statement of truth) WS stating that she returned all letters addressed to you, to the senders marked 'NOT KNOWN AT THIS ADDRESS'?

That would indeed help because they knew you were not getting the letters, and you can only conclude that they took advantage.

Would this just be a matter of a word document, similar to I done with my witness statement? If so then relatively easy. I assume she would not have to turn up to the hearing as when I did the N180 it mentioned how many witnesses etc? Not sure if this would need to change.

Would it have to be headed with the UKPC V XX (myself) usual stuff or can it simply just be a paragraph stating who she is and that she marked all mail addressed to me as not known at this address and sent it back? Then followed by a statement of truth

Coupon-mad

Same headings and style as your WS, only short! She should say you moved out around (month/year) and that over the course of xx months after that (blah blah...)

paulr23

Coupon-mad said:

Would she give you a short, signed & dated (under a statement of truth) WS stating that she returned all letters addressed to you, to the senders marked 'NOT KNOWN AT THIS ADDRESS'?

That would indeed help because they knew you were not getting the letters, and you can only conclude that they took advantage.

Claim No: xxxx

 

UK PARKING CONTROL LTD (Claimant)

 

V

 

xxx

 

WITNESS STATEMENT

I am xxxx who lived with the defendant at the address where the claim forms were served, the defendant moved from this address in early 2019 and any mail since this point which was addressed to the defendant was marked as not known at this address and was subsequently returned to the sender.

Statement of truth:

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed xxxx                Date: 07/07/2022

Would something like this suffice do you think? If not, could you help me adapt it a bit, I guess I'm along the right lines. I am in conversation with her about this dont worry.

I guess the issue is, would the claimant actually have received the letters, as she just marked them as not known at this address and put them back into the mailbox, not sure what happens with them from there I guess royal mail try to send back to the sender however what if the envelope doesnt have a return address..