Need advice with a CCJ letter

KeithP

13. According to publicly available information, my circumstances are far from unique. The industry’s persistent failure to use correct and current addresses of results is an unnecessary burden for individuals and the justice system across the country.

There is a surplus word in there. Remove the word 'of'.

gdexr

KeithP said:

13. According to publicly available information, my circumstances are far from unique. The industry’s persistent failure to use correct and current addresses of results is an unnecessary burden for individuals and the justice system across the country.

There is a surplus word in there. Remove the word 'of'.

Aye good catch, it should read as:

"According to publicly available information, my circumstances are far from unique. The industry’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system across the country."

1505grandad

Para 8  -  " BPA Approved Operator Scheme Code of Practice - clause 32.1b - see [this document] 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.”"

BPA CoP paras 32 relate to operational requirements for Scotland and N.I.

Coupon-mad

I think para 6 should be re-written to simply make the point that it was incumbent on the Claimant to have renewed their address search, given the last time they had bothered to check was over 12 months before filing this claim.  That cannot comply with the Code of Practice or CPRs and by this breach of their industry Code of Practice, the Claimant's negligent omission directly caused this CCJ.

gdexr

1505grandad said:

Para 8  -  " BPA Approved Operator Scheme Code of Practice - clause 32.1b - see [this document] 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.”"

BPA CoP paras 32 relate to operational requirements for Scotland and N.I.

Oh well done for spotting this, now changed the regulation to 24.1c !! 🙇

Coupon-mad said:

I think para 6 should be re-written to simply make the point that it was incumbent on the Claimant to have renewed their address search, given the last time they had bothered to check was over 12 months before filing this claim.  That cannot comply with the Code of Practice or CPRs and by this breach of their industry Code of Practice, the Claimant's negligent omission directly caused this CCJ.

I changed it to:

It is crucial to highlight that the responsibility fell on the Claimant to update their address search, particularly considering their last check was over 12 months before filing this claim. This failure to maintain accurate contact details stands in clear violation of both the Code of Practice and CPRs. Through this breach of their industry Code of Practice, the Claimant's negligent omission directly resulted in the issuance of this County Court Judgment.

Do I need to explicitly say here which CoP and CPR or the rest of the paras do the job in explaining that?

Coupon-mad

The rest covers it. 

gdexr

I want to start building the final document and I have a question - how do I format addresses and cars?

Say I've got two addresses:

Address A

• 123 Main Street Anytown Countyshire AB1 2CD United Kingdom

Address B

• 456 Elm Avenue Sometown Elmshire XY3 4AB United Kingdom

And in this paragraph:

On 1 December 2021, I moved from address A to address B

Do I just use the full addresses in place like so:

On 1 December 2021, I moved from 123 Main Street Anytown Countyshire AB1 2CD United Kingdom to 456 Elm Avenue Sometown Elmshire XY3 4AB United Kingdom

Same question for cars - do I need Make, Model, Number plate or just Number plate is fine (as shown in the POC)

Coupon-mad

Numberplate is OK.

Address, whatever reads clearest!  Ask a friend to tell you what reads clearest.

gdexr

Coupon-mad said:

Numberplate is OK.

Address, whatever reads clearest!  Ask a friend to tell you what reads clearest.

Fair enough, thanks!

gdexr

One more question I have about the WS document:

1) Should I include a 'contents' page as the first page of the document, like this?

2) Also, should I follow this page format as shown here in this example?

I.E.

• Header - claim number - top left
• Header - My Name - top middle
• Header - Hearing Date - ??? What do I put here, maybe just the submission date?
• First page - In the County Court at - Which county Court? CNBC?
• Then Claim number again?
• Heading - Highiview Parking Limited (Claimant)
• Heading - My Name (Defendant)
• Heading - Witness Statement of Defendant - as a title, without the rest (for telephone hearing)
• the page content...
• Footer - Page Number