UKPC Set Aside Hearing

Coupon-mad

The claim already includes the capped £50.  They can't have fees for their legal rep unless your conduct meets the high bar for unreasonableness (behaviour that permits of no reasonable explanation).

Chesterfield1970

@Coupon-mad is there a way I could ask you a question outside of this thread please?  I have my hearing on Tuesday and noticed something

Coupon-mad

You can send a pm.

Chesterfield1970

Hi 

Sorry for the delay in providing this update but I won my case at the set aside hearing and have been awarded the cost of the hearing itself £270.

The judge based is decision on the fact that the claimant has not taken any reasonable steps to find me (quoted from CPR 6.9(3)), when it was obvious from my evidence that I was there to be found, and as such under CPR 13.2 stated that judgement must be set aside.

The judge made various comments about the quality of their witness statement and that the solicitor had done a poor job.  He made a point of saying that it was ridiculous to not correspond for 4 years but then apply for the judgement without due care.

The best thing to happen was I found within their witness statement a contract of services between the landlord and the parking company dated February 2019.  This contract detailed the agreement to signage, authority to place/enforce PCNs, the landlords requirement for them to adhere to the BPA COPs ( which state that their members must take reasonable checks to establish address) amongst numerous other T&Cs.  However my PCN was from November 2018.  

Therefore after making the judge aware of the above differential and the fact if you use the DVLAs KADOE system, the DVLA T&Cs of use, state that a parking firm must have written authority from the landlord to enable them to access addresses.  The judge made a point of informing the paralegal that is now questionable whether the parking firm were legally allowed to apply the PCN in the first instance. 

At this point I have not received any payment nor have I received any correspondence relating to the judgement but I have written to the court requesting this and will keep an eye out for the payment before next Tuesdays deadline.

Thank you to everyone who has supported me in this matter but BIG THANKS  must go to @Coupon-mad who has been so helpful and without her I wouldn’t have won

Coupon-mad

I'm a her! 

Chesterfield1970

@Coupon-mad. sorry about that I have amended my post.  Thank You

Le_Kirk

Was the  cost of the hearing £270 or a typo and you meant £275?

Chesterfield1970

£275 and they haven’t paid as per the courts instructions by 4pm today

AdamBliss

Chesterfield1970 said:

£275 and they haven’t paid as per the courts instructions by 4pm today

Have they paid you yet? any updates