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County Court Business Centre Judgment
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The fact the car is still registered at that family address is neither here nor there because they are not allowed to ask the DVLA twice. And it is provably NOT where you live.
What they MUST do is a soft trace (Credit ref agency) as required in the Code of Practice, and as long as you had some credit connection to your new address it would have shown up. Phone contract? Utility? Council tax? Bank statement address? That would have allowed them to trace you and they didn't.
Notwithstanding that, it is likely that this claim in fact was never served at that old address anyway. You know from the links I've given you already that there are half a dozen people we already know about here that have BW Legal claims from that week that were never served.
That fact alone (other cases) tips the balance of probabilities in your favour.
ALMOST CERTAINLY NO CLAIM WAS SERVED. EVEN IF IT WAS, THE PARKING FIRM BREACHED THE CoP BY FAILING TO CHECK YOUR ADDRESS BEFORE LITIGATION.
DVLA ADDRESSES CANNOT BE USED WITHOUT CHECKING THEM, IN CASES WHERE THE VICTIM IS NOT RESPONDING TO LETTERS.
Did you pick any new court claim thread poster to pm, and find out if their claim arrived in a brown envelope?
Do that please. That will seal it in your mind that your mum did not miss it.
Then phone the CCBC and RECORD THE CALL and ask what they are doing to investigate what on earth happened to all the BW Legal cases that were never served, that week in mid-December?
You know all this from reading the other cases like yours, and you know what things to ask the CCBC about your case, I hope?
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Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD3 -
@CouponCoupon-mad said:The fact the car is still registered at that family address is neither here nor there because they are not allowed to ask the DVLA twice. And it is provably NOT where you live.
What they MUST do is a soft trace (Credit ref agency) as required in the Code of Practice, and as long as you had some credit connection to your new address it would have shown up. Phone contract? Utility? Council tax? Bank statement address? That would have allowed them to trace you and they didn't.
Notwithstanding that, it is likely that this claim in fact was never served at that old address anyway. You know from the links I've given you already that there are half a dozen people we already know about here that have BW Legal claims from that week that were never served.
That fact alone (other cases) tips the balance of probabilities in your favour.
ALMOST CERTAINLY NO CLAIM WAS SERVED. EVEN IF IT WAS, THE PARKING FIRM BREACHED THE CoP BY FAILING TO CHECK YOUR ADDRESS BEFORE LITIGATION.
DVLA ADDRESSES CANNOT BE USED WITHOUT CHECKING THEM, IN CASES WHERE THE VICTIM IS NOT RESPONDING TO LETTERS.
Did you pick any new court claim thread poster to pm, and find out if their claim arrived in a brown envelope?
Do that please. That will seal it in your mind that your mum did not miss it.
Then phone the CCBC and RECORD THE CALL and ask what they are doing to investigate what on earth happened to all the BW Legal cases that were never served, that week in mid-December?
You know all this from reading the other cases like yours, and you know what things to ask the CCBC about your case, I hope?
I will be following your advise and getting in touch with other forum members to get some assurances around the claim form.
Thanks, also for clearing up the facts around the trace element.
I will read through all the cases similar to mine later and come back to this thread with any further questions for you.
Thanks for your service!
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