Bailiff Knocked on the door yesterday

JacksSon

Coupon-mad 

When you get a new hearing date re-read the threads by these people, who were all given a VERY hard time by quite stern Judges, who started with the wrong assumption that a PPC can use an old address and it's all the Defendant's fault:

@Jack5656
  

@verdomde

@Brokenchief

@aluminiumminimumimmune

I just read all of them. Femida is totally blind. All 4 of these threads won their cases (set aside) but couldn't get their compensation. I feel like the law is  overbalanced towards those companies. If they have fees, why i cannot have something similar ? (Just a thought on Judge's decission). It should be a justification to it

JacksSon

Coupon-mad said:

It happens a lot, due to lack of court resources.

any idea on how long it might take to get back on list?

Coupon-mad

It will be a priority due to this cancellation but not immediate. Maybe Feb/March.

JacksSon

Coupon-mad said:

It will be a priority due to this cancellation but not immediate. Maybe Feb/March.

  thank you 

Coupon-mad

But in the meantime, stick around and make sure you don't miss the soon-anticipated Public Consultation.

This final Consultation was forced on the Government last year by the bullyboy parking industry, and it will be ONLY about lowering the level of parking charges and banning the false +£70 'admin fee' that funds the damaging and toxic litigation culture that has brought you such misery.

Fruitcake

With regards to a judge possibly thinking it's alright for a PPC to use an old address provided by the DVLA, point out that updating your address, even if it was on same day as the date of the alleged event, the PPC will still only have the old address, and they are not permitted to ask the DVLA again.
People move home. It's normal, it's expected, so PPCs or any other court claimant should check the address is still current and correct when they issue a claim.
The defendant can do nothing about the claimant having the wrong address until it is too late, which is unfair.

JacksSon

Fruitcake said:

With regards to a judge possibly thinking it's alright for a PPC to use an old address provided by the DVLA, point out that updating your address, even if it was on same day as the date of the alleged event, the PPC will still only have the old address, and they are not permitted to ask the DVLA again.
People move home. It's normal, it's expected, so PPCs or any other court claimant should check the address is still current and correct when they issue a claim.
The defendant can do nothing about the claimant having the wrong address until it is too late, which is unfair.

Generally i agree with you. Referring to DVLA guidance even if you reside temporarily you still need to change addresses on log book and permit. Every time! (i guess hotels are not included ).

Coupon-mad

You did have that duty, yes.

But it is irrelevant, because even if you had updated the v5c address with the DVLA, the point is that parking firms are not allowed to ask twice.

They are required to do a soft trace, if there is reason to believe the address may not be correct.  Both trade body Codes of Practice require this before litigation. 

DCB finally did that check in 2021 (only VERY LATE, after a third party rained on their parade) and found another wrong address.  Did they bother to do it again a year later in 2022 before finally re-serving that claim?  No.  Even though these mandatory CRA reports cost from just 28 pence and even though DCB Group had your correct address for the ParkingEye case AND knew you were a person who moved regularly and had never responded.

Every chance the address needed checking again!  After all, they had an extension and permission to re-serve the claim to the 'last known' address so with due diligence, they could have checked one more time in 2022 and substituted Address D.

Instead, they ploughed ahead then layered on questionably high HCEO costs which exposes a conflict of interests, in that DCBLegal are from the same group of companies which makes FAR more money if a wrong address is used.

JacksSon

This is ridiculous now, the case hearing has been moved to 16th of October this year 9 months from now. Is there any procedure to push this earlier?

JacksSon

Coupon-mad 

Is there anything that could be done?