Help please - CCJ & Debt Recovery – from unknown Parking fine

Le_Kirk

Well done - so far - let's hope for a resounding silence from CEL.

Coupon-mad

Yep nicely done!

You've actually won on all arguments, and the claim itself is dead. The CCJ will come off your record this month sometime.  Tis gone!

It sounds like the usual order, allowing a standard 7 days where any party can object and apply to try to set aside the Order.

Glad you got your costs on the order! Did you have to press him to agree costs and that they were held to have acted unreasonably?

PLEASE do come back and show us a photo or scan image of the (redacted) Order when it arrives as I think if will help others looking at your thread.

Jenni_D

Coupon-mad said:

PLEASE do come back and show us a photo or scam image of the (redacted) Order when it arrives as I think if will help others looking at your thread.

Isn't that what DRP et al send out?  

Coupon-mad

   ooer, phone fingers strike again!

A Freudian slip.

Jack5656

Le_Kirk said:

Well done - so far - let's hope for a resounding silence from CEL.

I really hope so - it might take longer due to the extended bank holiday weekend?

I hope CEL will think twice about appealing or restarting a PCN given the responses they have already from me - with all your help I hasten to add !

Jack5656

Coupon-mad said:

Glad you got your costs on the order! Did you have to press him to agree costs and that they were held to have acted unreasonably?

PLEASE do come back and show us a photo or scan image of the (redacted) Order when it arrives as I think if will help others looking at your thread.

No the Judge allowed the costs without me asking - I had very little chance to get any of my prepared arguements / evidence across. Judge said they should have tried harder to find me and felt he had to set aside more based on his opinion than anything I said. The hearing was only 15 mins!

I got the distinct impression the Judge wanted to show me I wasn't going to win all the arguements and wanted to challenge the assumption I'd win the moved address / DVLA defence, but he'd read my WS in advance and I think had already decided the outcome based on the good work done on the written submission.

Coupon-mad

The bank holiday weekend makes no difference, as the 7 days only starts when CEL see the written Order sometime this month. You will also get a copy.

henrik777

"The judge then said that the 'C' was entitled to rely on the DVLA notice of address so my argument does not get me out of jail so to speak. I responded by saying I did update DVLA promptly and in my latest evidence (that did not get to judge!) was a SAR with V5C showing DVLA had received with my new address sent 7 days before DVLA gave the previous address to CEL.  Judge wanted to know when I sent the V5C. I said the date and explained that the V5C from SAR has an official date stamp of 7 days after I sent it  so DVLA did know about my new address by the time/date that CEL were given the old address.

I argued that under CPR 6.9 (3) CEL had not showed due diligence to locate the current address and that I had updated DVLA, bank, utilities and council with my new address promptly. The judge said he did not necessarily agree with my methodology but that we will both come to the same conclusion.

The judge decided that because the claim form was issued 9-10 months after the address change/update that CEL should have made attempts to trace the current address and therefore he would have to set aside the claim under CPR 13.2 and that the claim is dead (hoorah!)."

Annoys me, that does.

What difference did it make that the details were updated in a timely manner ? None. So why did the Judge go from no to yes when it was explained that the details were updated in a timely manner ? Well argued but it's an argument that has no merit other than pandering to the closed mind of a judge, successfully as it turns out. #annoying

Coupon-mad

I was going to say the same the other day.

This simply is not true for court claims and it annoyed me too.

"The judge then said that the 'C' was entitled to rely on the DVLA notice of address."

The DVLA address for a car is NOT and never was given out claiming to be a reliable 'last known address' for service of court papers. It's just an address attached to the vehicle at one point in time, and is hopelessly unreliable for all sorts of reasons.

At least the DLUHC got that point (to be fair, they did listen) and included a mandatory soft trace in the new Code.

Castle

The DVLA even warns the PPC under B7.1 of the KADOE Agreement that it might not be accurate:-

The DVLA shall take all reasonable steps to ensure that the Data is accurate and up to date before it is transmitted to the Customer, but the DVLA cannot warrant the accuracy of the Data provided. The DVLA does not accept any liability for any inaccurate information supplied to it by the keeper of the vehicle or any other source beyond its control.