CCJ served at wrong address - SORN vehicle

parkingpains1

UPDATE: WE WON!

It seemed like the judge had already made up his mind about the outcome of the case before the hearing. He was unimpressed by DCBL's most recent correspondence and said that what he'd read from them didn't give any reasoning for their agreement to the set aside and more specifically why they should not pay our costs.

He said it was interesting usage of the 4 months dead argument and had UKPC not consented to the set aside in their latest correspondence he, in theory, would have agreed the set aside on that basis, but didn't need to in this case (from what we understand).

He has only awarded the N244 £275 fee and not the loss of earnings that we'd included in the Summary of Costs. Not too concerned about that, as it was something we'd added on right at the end. 

In relation to the original PCN, he said that they could start the claim again if they wanted to, but that they wouldn't, as it's been nearly 6 years since the original ticket (he noted, sarcastically, that it was interesting that they'd suddenly decided to serve a judgment so close to the 6 year limit). I presume they won't bother now?

I hope something of the above is useful to someone else. 

Thank you again to all of you (especially @Coupon-mad ) for all your time and help. It's been completely invaluable.

Coupon-mad

Yay!  Well done, beers all round!

Did he "strike out" or "dismiss" the claim itself as well as set aside the CCJ? i.e. if they want to try again they'd have to file a new claim afresh?

That plus getting costs is the icing on the cake.

@Johnersh will be interested.  He's our regular solicitor poster and he first came up with the '4 months dead' argument!

Which court and Judge please?

Boat_to_Bolivia

Fabulous news. Well done 

parkingpains1

So pleased with the outcome! 

Yes, he dismissed the claim itself, so they'd have to start again (as well as set aside the CCJ). Guessing they won't be bothering now

@Johnersh - thanks for that argument! The judge definitely seemed to think it was an interesting context to use it in.

It was Milton Keynes County Court. My husband can't remember the judge's name, but will update this thread when we get the paperwork through. 

I'm not sure my husband remembered to say the costs reserved, as the judge had already stated as part of his hearing summary (not sure that's what it's called!) that UKPC have to pay £275 to us within 14 days. Do you think we'll have a fight on our hands getting that? Or is that the outcome we wanted?

Coupon-mad

That is what you wanted. Nailed it all!  The £275 should follow fairly quickly.

Please come back here shortly, to take part in and discuss the upcoming Public Consultation.

Be aware that a final Government Public Consultation is coming very soon (expected ANY WEEK NOW) about the levels of parking charges and banning rip-off 'fees'.

Explained here:

https://forums.moneysavingexpert.com/discussion/comment/79803066/#Comment_79803066

Don't miss it!

Please bookmark the necessary thread explained there and come back to have your voices heard to change the law.  It is your only chance to do so and you and your husband can both do your own submissions to double the impact (but in your own words,  not repeating the same exact wording, or it will be picked up as a duplicate).

See you very soon. We will be all over it.

B789

Congratulations on your win. Nothing better than seeing these scumbags not only defeated but spanked in court.

Just go back to the first few posts when this all started to see how well this has turned out compared to when you first posted here.

Jazzagi81

I wish I was at this point! I’m where you were in the first few posts @parkingpains1 Congratulations! I’ve taken notes and will be using your thread to update my N224 tomorrow. Also thanks to @Coupon-mad for linking me to this one, yet more faith that pursuing this is the right thing to do  

parkingpains1

Coupon-mad said:

That is what you wanted. Nailed it all!  The £274 should follow fairly quickly.

Please come back here shortly, to take part in and discuss the upcoming Public Consultation.

Be aware that a final Government Public Consultation is coming very soon (expected ANY WEEK NOW) about the levels of parking charges and banning rip-off 'fees'.

Explained here:

https://forums.moneysavingexpert.com/discussion/comment/79803066/#Comment_79803066

Don't miss it!

Please bookmark the necessary thread explained there and come back to have your voices heard to change the law.  It is your only chance to do so and you and your husband can both do your own submissions to double the impact (but in your own words,  not repeating the same exact wording, or it will be picked up as a duplicate).

See you very soon. We will be all over it.

Thanks for the info. We'll definitely take part!!

parkingpains1

B789 said:

Congratulations on your win. Nothing better than seeing these scumbags not only defeated but spanked in court.

Just go back to the first few posts when this all started to see how well this has turned out compared to when you first posted here.

Thanks!

Yes, it all felt a bit unsurmountable at that point - thanks to help of everyone on this forum we're out the other side now (with our well deserved refund!). It will soon be just a distant memory!

parkingpains1

Jazzagi81 said:

I wish I was at this point! I’m where you were in the first few posts @parkingpains1 Congratulations! I’ve taken notes and will be using your thread to update my N224 tomorrow. Also thanks to @Coupon-mad for linking me to this one, yet more faith that pursuing this is the right thing to do  

@Jazzagi81
I just had a quick look at your thread and it seems like a very similar situation to ours, so I'm sure you'll get the same outcome!

When we found out about the CCJ we thought we'd never get rid of it, but everyone on this forum has given so much help and advice.  So there's hope!

Give me a shout if you want any info from our recent experience, or to see any of the docs we sent (think most of them are in the thread). Happy to help in anyway I can.