CCJ - Parking fine / COA - Set Aside

holidayinn

Thanks Again Le_Kirk.

Hoping to send the draft order and witness statement tomorrow. I've seen other posters attach numerous exhibits (proof of change of address), is this a case of the more, the better? 

Also, I don't know how PAPM have addressed the PCN in my wife's name. I'm the registered keeper so would have thought it would have been addressed to me, is it worth me asking them and finding out? My wife was pregnant at the time and blaming a shoddy memory. 

Coupon-mad

She must have appealed as driver.

Is this her set aside to do in her name? 

Everything must be done on the name of the defendant even if you are 'driving' it, so to speak!

Evidence of not being at the old address is good, as is evidence that the Code of Practice is mandatory, in that it requires operators to check before issuing claims.

holidayinn

Yes, the set aside will be done in her name. 

My main concern is PAPM could use whatever comms she made as a reason they continued to use the old address? Is this an argument they could use? Or when issuing a CCJ should a separate check be made?

Coupon-mad

Yes. they could use that argument.  The SAR reply will reveal what her appeal said.

holidayinn

From the SAR - Seems like she emailed PAPM through their website, she filled out the details i.e. PCN Number, vehicle reg, old address and her reasoning for the appeal (which was never going to be accepted). This was done towards the end of July & must be where they got her name from.

She gave an old address in July, incident in June...I'm in two minds whether to pursue the set aside, the evidence is not materialising as water-tight as I'd hoped.


 

Coupon-mad

Yes, this a dodgy situation because they didn't hang about and got a CCJ that Autumn.  I can't see how you can convince a court that they had no reason to believe that address was wrong.

Does no-one do postal redirection when they move, these days? Used to be the norm that when you moved address, you got your post redirected to you by Royal Mail for 3-6 months, which alerted you to any companies that you'd missed informing about the new address.  Too late now but this is still a thing and it amazes me people don't.

Your re-mortgage may have to wait 18 months.

holidayinn

Thanks Coupon-mad, I agree, looks like we dug a hole for ourselves.

RM does postal redirection although think its a service you have to pay for....lesson learned.

Thanks everyone for the kind help & assistance they offered.

Coupon-mad

You always had to pay for it; the service was never free but it's a shame no-one uses it much these days.  It used to be a standard cost everyone factored in as necessary when moving.  And I'm not even that old!

As you say, lesson learned.  At least you haven't been pursued and won't be paying off the parking firm. A satisfied CCJ is not OK and nor is paying a PPC at the present time (pre-regulation).