IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

Set-Aside Hearing Tomorrow....need help!

2456716

Comments

  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
    First Post Name Dropper
    Hi @B789 and thank you. Yes, I'm with you, I must have missed the bit about buse of Process is not usableanymore. As for the SAR, the claimant's alleged an incident and a contract having being formed. Parties to the contract include the tools used, no? So, I want to know about these tools....or am I totally wrong?
  • Coupon-mad
    Coupon-mad Posts: 131,191 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 3 April 2023 at 5:06PM
    I've no idea what your argument is to set aside the CCJ.  See my post that crossed with yours...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 37,503 Forumite
    Name Dropper First Post First Anniversary
    Parties to the contract include the tools used, no? So, I want to know about these tools....or am I totally wrong?
    What??

    Me too... I want to know what you mean by 'tools'. 
    Perhaps you can tell us where you read that?
  • Boat_to_Bolivia
    Boat_to_Bolivia Posts: 1,097 Forumite
    First Post Name Dropper
    BTW, I'm getting HwF
    What does that mean?
  • KeithP
    KeithP Posts: 37,503 Forumite
    Name Dropper First Post First Anniversary
    BTW, I'm getting HwF
    What does that mean?
    It means she is using a mobile telephone and doesn't know how to write out Help with fees in full.   ;)
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
    First Post Name Dropper
    @Coupon-mad, I'm sorry I'm not attributing the "Abuse of Process" phrase to you, I've taken it from the thread title and the judgements in Luton/Caernarfon. The Claimant has consented to the set-aside. My argument is thay sent it to the wrong address. My Current address was always available andthe LBC should have been sent there, but it wasn't. It was sent to the address where I stayed for 5 months...after I had left and returned to my current address. If they had just sent to the current address which is available from DVLA then I wouldhave received the LBC 
  • Boat_to_Bolivia
    Boat_to_Bolivia Posts: 1,097 Forumite
    First Post Name Dropper
    KeithP said:
    BTW, I'm getting HwF
    What does that mean?
    It means she is using a mobile telephone and doesn't know how to write out Help with fees in full.   ;)
    Thanks for that @KeithP, I did spend a while pondering before posting.  ;)
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
    First Post Name Dropper
    Hi @KeithP, @Boat_to_Bolivia. Sorry, yes it's Help with Fees. And I've never used a forum before to this extent. So apologies for not having all the tricks etc.

    Tools such as the signs, the PDT machine. My argument is if the wording of the contract isimprtant, surely the medium used to form the contract..signs, ANPR, PDT machines should also be under scrutiny, no? Without the assistance of these tools a contract couldn't be formed. Or am I....?


  • B789
    B789 Posts: 3,441 Forumite
    First Anniversary First Post Name Dropper Photogenic
    edited 3 April 2023 at 5:23PM
    If they had just sent to the current address which is available from DVLA then I wouldhave received the LBC 
    Why on earth do you think that they can just request your address (whatever is on your V5C NOT your drivers licence) from the DVLA every time they need to send you correspondence? They can only ever make ONE request when they first try to send you a PCN. After that, they can never apply again for the same PCN and subsequent correspondence.

    If it has been a long time time since they first sent you the PCN and they have not had anything back from you either because you decided not to respond or they had an old address, then they are supposed to do a simple credit search which should give them an up to date address based on information such as the electoral roll or utility companies, banks etc.

    Again, you ned to brush up on the Newbies/FAQ thread which explains all this.
  • Chloe_Meow
    Chloe_Meow Posts: 80 Forumite
    First Post Name Dropper
    B789 said:
    If they had just sent to the current address which is available from DVLA then I wouldhave received the LBC 
    Why on earth do you think that they can just request your address (whatever is on your V5C NOT your drivers licence) from the DVLA every time they need to send you correspondence? They can only ever make ONE request when they first try to send you a PCN. After that, they can never apply again for the same PCN and subsequent correspondence.

    If it has been a long time time since they first sent you the PCN and they have not had anything back from you either because you decided not to respond or they had an old address, then they are supposed to do a simple credit search which should give them an up to date address based on information such as the electoral roll or utility companies, banks etc.

    Again, you ned to brush up on the Newbies/FAQ thread which explains all this.
    Just learnt how to quote!:)
     Thanks @B789. So, I guess that's the process the Claimant followed but as I was no longer at the address I did not receive the LBC. Claimant has admitted that i did not receive LBC and consented to a set-aside. I'm trying to find ways of ending it there at the hearing
Meet your Ambassadors

Categories

  • All Categories
  • 343K Banking & Borrowing
  • 250K Reduce Debt & Boost Income
  • 449.6K Spending & Discounts
  • 235K Work, Benefits & Business
  • 607.7K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards