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

Jenni_D

Harvez63 said:

Jenni_D said:

How long before the claim was filed was the LOC sent to your old (then current) address? Did you respond to the LOC?

Interesting. I just went to check the date on the LOC but the letter doesn't have a date on it. However I posted on here that I received it 18th July 2019 and I informed them of the move 4th November which was my only response but to Premier Park, not BW legal. The CCJ was APR 2022 

That would reinforce the argument that they should have validated they were serving a claim against the correct address. Therefore it appears that the claim was not correctly served, and due to the time delay the claim must now be dead.

Harvez63

Perfect, OK. Really looking forward to this court hearing. 

Harvez63 said:

how about this? am I on the right track?
 
1. Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered. Given that CPR 6.9 (3) was not met, CPR 13.2 applies and the CCJ should be set aside. To support this legal point, I’ve attached the Experian page which shows my current address has been always been available to be found, which shows the defendant living at the address given to the claimant and living there since 2019; as the claimant was informed.

2. I also attach section 24.1.c from the British Parking Association “Code of Practice” which wasn’t met, which states; “Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct”. 

The rest remains the same as last posted 

I'm going to take this to the courts end of the month to submit which meets the two months prior to the hearing requirements 

Just because I panic getting it wrong, is this a skelly good to go? 

Jenni_D

Re. point 2 ... they may try and argue that they did send the LBC to the correct address. Your response is that the BPA code uses the word and ... so translates to "Before serving a Letter Before Claim and prior to the issue of proceedings (i.e. before filing a claim), Operators must ........".  

And it's an obligation not a guideline - the code uses the word must.  

Coupon-mad

Yep that's fine. Also email a copy of it all to the Claimant's solicitor of course (file & serve).

1505grandad

Pedantic observation if not yet filed and served:-

"....my current address has (been) always been available to be found,..."  -  remove (this)

Harvez63

@Jenni_D @Coupon-mad @1505grandad thank you! 

Works getting in the way but I will do this next week for sure (still have plenty of time before the hearing)

When I attach the Experian report, and page from the code of practice, can I highlight the address on Experian, and on the CoP "and" "must" or will that be viewed negatively? (if not, my copy to court I will highlight them in my paper work and note your comments @Jenni_D, thank you!). Also, do I just staple them to the skelly?

@Coupon-mad I saw in another thread you mentioned about providing the judge with a folder, with clearly labelled subfolders etc. Do I do this when I hand over the pack to Southampton courts? So hand him a folder with the skeleton argument, the attachments, and the 4no case laws?

I'll read up on here about what to submit to the C solicitor. I'm sure its been covered multiple times. 

@1505grandad I like pedantic observations, especially with my poor spelling and grammar! Thank you   

Le_Kirk

If you are going to use the "ring binder" method and not use e-mail, it needs to be given before the deadline on your Notice of Allocation.

Coupon-mad

A Southampton Judge is unlikely to view you negatively!  Do whatever you think makes it nice and clear.

Harvez63

Le_Kirk said:

If you are going to use the "ring binder" method and not use e-mail, it needs to be given before the deadline on your Notice of Allocation.

Do you mean "Notice of Hearing of Application"?  if not, I havent received a "Notice of Allocation" 

Coupon-mad

You won't have because it's a CCJ set aside case.  You might have to remind us each time that it's CCJ set aside hearing you are preparing for, not a 'normal' claim being defended situation.

I recall your case well but that's only because we spoke about it in depth.