Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

Coupon-mad

Harvez63 said:

@Castle very good point! 

I have no doubt, speaking to any reasonable person and getting them to agree with me that if I sent the claimant my new address, its not for me to then tell their solicitors, and they've acted completely unreasonable and therefor the default CCJ should be removed. However ..... my biggest fear throughout this is I do something wrong, or they find a loop hole, and they make it stick.

I also believe, BW legal had my email address, therefor if they had no response to the letters they sent to the wrong address they could have contacted me through that.

@Coupon-mad I got the automatic CCBS FEES Acknowledgement response where it does state they will respond within 10 days. I also did add to the bottom of my email on the 12th saying "I trust his now complies and can be processed". so hopefully I just get a nod or something to say it's being processed. 

Probably thinking too deeply now, but I am who I am. One of my exhibits is the response from Premier park "we would like to confirm that we have updated your home address, and passed this information on to our debt recovery agent", now it doesn't say "our solicitor"? (again its not my job to tell them!). But the use of "debt recovery agent" ... I wonder why I havent had them sniffing at the door yet?

The debt recovery agent isn't a bailiff. No-one comes knocking.

At that point wasn't the debt recovery agent BW Legal?

Harvez63

Oh sorry, I took debt recovery as bailiff. Yes its always been BW legal

Reading their response today they said "As a result, the address held by ourselves was correct and we continued to correspond with you at the address in question" ...  my last corraspondance was an email way before notifying their claimant of the address change. I've never dealt with letters to them at the address itself, definitely not after the event. So thats a lie. 

ab2000

Harvez63 said:

If I go on Experian, under the tab "Personal Details" it shows I've resided at my new address since Dec 2019. But if I go through "Accounts" there are a few that have my old address such as a credit card I dont use, an 02 account, but for those 2 accounts there's 11 accounts with my current address. 

Are those accounts still active?  If not they should show as inactive during a search.  Any professional person would then not use the linked address for correspondence.  Unfortunately these people aren't professionals. 

Harvez63

I believe so, the credit card I dont even use, it was only by checking the credit score accounts I saw I still had one. I told Barclays of my move, but thinking now, they are very individual within each other i.e. bank doesn't know what the business, current, mortgage, credit departments. 

As regards to O2, I actually dont have a clue, may have slipped the net when updating details. but drivers license, mortgage, banks, everything else was updated. Even on Experian if you click personal details it says my current address from 2019 

Mars28

Sounds a bit like my credit file, some accounts show that I'm electorally registered at the correct address, some say none. But with a bit of logic it's obvious which is correct.

It does show search history, and there is nothing showing on the month the C says a trace was done (despite what C says). Might be the same on yours? Could at least sway the judge to believe you over the C. That's what I am doing, and then being ready to make the point in my hearing that MPs are writing law, conducting consultations, complaining publicly about the way parking firms operate, whilst I'm just an upstanding citizen trying to do right and no history of bad practice.

Johnersh

Before I chip in on this, please can you remind us of *just* the basics.

1. Date proceedings were commenced. 
2. Date of judgment 

Harvez63

Johnersh said:

Before I chip in on this, please can you remind us of *just* the basics.

1. Date proceedings were commenced. 
2. Date of judgment 

1. Not sure on this as I've never had the paper work? 
2. 08 APR 2022

Mars28 said:

It does show search history, and there is nothing showing on the month the C says a trace was done (despite what C says). Might be the same on yours?

I just checked and it only goes back up to a year on mine? 

One thing I was really worried about was the electoral roll, as we dont vote I dont think that was ever updated and looking on Experian again this morning it did show me at the previous address until Dec 2020. But it also says "The electoral roll isn’t an exact record of your residency but rather a record of when you were registered to vote at different addresses."

Theres plenty of clear evidence on there to show we moved, not least the fact I told the claimant 

Fruitcake

I think you are overthinking this.

You told the PPC's DPO of your change of address. As Castle mentioned yesterday, it is their responsibility as data controller to inform all their agents of any change or erasure of data.

The claimant is legally required to notify a change of address to everybody else in accordance with Article 19 of GDPR: -

The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort.

The claimant has failed to comply with the strict requirements of the GDPR.
The solicitors should have checked back with their client when you informed them of the incorrect address. Instead, they have decided to argue with you. I suggest you report them to the SRA.

In my opinion you should apply for costs for unreasonable behaviour when the time comes.

Johnersh

OK, so the o/p has been careless in the sense that an address could easily have been provided to the sols (and should've been). Once instructed, the lawyer not the claimant is *always* the contact point.

However, let's break this down:

1. A law firm does not commence court proceedings when *they* feel like it, but when authorised by their client (here the parking co).

2. It appears that the parking Co. had the defendants correct address provided to them prior to authorising the proceedings.

3. Either the ppc failed to communicate the address or if they did, the lawyers overlooked it. It would seem extraordinary that the parking Co would have a new address and not provide that with their instructions to issue the claim. As I see it, the knowledge of a last known address is the Claimant's - the party bringing the claim. The claimant had actual knowledge of the new address. 

4. What C now says is that the o/p provided an address (to the law firm) for service in 2020, so they needed to make no further checks in 2022. I'm not convinced that will wash. Further, I think that it is most unlikely any credit report that they have will show only one address. That immediately creates doubt as to what the last address is. That could've been resolved simply by writing to both addresses pre-issue. 

In short, this is not 100% clear cut, but the claimant is (unsurprisingly) trying to keep their easy judgment. Or to coin the modern slang, you're being gas lit. 

Harvez63

@Johnersh thanks for taking the time to reply. 

I followed advice on this forum to notify the claimant and instruct them to notify their agents. I put "may I request you inform your agents of this change of service address and arrears our previous correspondence address". This email forms part of my exhibits to.

4. I sent the claimant the address in 2019. I've never engaged with either parties after this point.