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Parking Eye CCJ issued without knowledge

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Comments

  • Le_Kirk
    Le_Kirk Posts: 24,729 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    What is a good idea is to make sure you had put in a suitably worded Witness Statement with your N244 application and, if not, consider a supplementary WS along with the defence as suggested by @Coupon-mad.
  • BadIndian
    BadIndian Posts: 33 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    hello guys apologies for the radio silence, its been a very busy period at work, I have a court date for may 1st, and I received the paperwork from PE yesterday, which  they have submitted to the court opposing my application, they claim they haven't breached any court procedures and that my application was submitted late, and also claim that argued points in my defence are in a generic forum based template  but I'm prepared to argue that in court, so wish me luck. 
  • Coupon-mad
    Coupon-mad Posts: 153,177 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 24 April 2024 at 3:22PM
    None of their arguments are true.

    Be confident.

    THEY breached the BPA CoP if they failed to trace / check your address before litigation.  Or is this all about post going to your neighbour's address - did DCBL get the address wrong?

    If they were at fault, come down on them like a ton of bricks at the hearing, and ASK FOR YOUR COSTS AT THE END.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • BadIndian
    BadIndian Posts: 33 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    None of their arguments are true.

    Be confident.

    THEY breached the BPA CoP if they failed to trace / check your address before litigation.  Or is this all about post going to your neighbour's address - did DCBL get the address wrong?

    If they were at fault, come down on them like a ton of bricks at the hearing, and ASK FOR YOUR COSTS AT THE END.
    They claimed it was served at the correct address but I didn't receive it, their witness statement is heavily worded around contracts. 
  • BadIndian
    BadIndian Posts: 33 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 26 April 2024 at 3:41PM
    @Coupon-mad I send you a link to  the docs in your inbox as I don't really have the capacity at the moment to redact. 
  • BadIndian
    BadIndian Posts: 33 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 1 May 2024 at 9:57AM
    Good morning guys only a few hours to go before my hearing, wish me luck. And thanks for all your assistance I will let you know the outcome.
  • Nellymoser
    Nellymoser Posts: 1,611 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Good luck remember to asks for your costs as coupon advised
  • Le_Kirk
    Le_Kirk Posts: 24,729 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    BadIndian said:
    Good morning guys only a few hours to go before my hearing, wish me luck. And thanks for all your assistance I will let you know the outcome.
    How did it turn out?  Did you win?
  • BadIndian
    BadIndian Posts: 33 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 3 May 2024 at 8:42AM
    Le_Kirk said:
    BadIndian said:
    Good morning guys only a few hours to go before my hearing, wish me luck. And thanks for all your assistance I will let you know the outcome.
    How did it turn out?  Did you win?
    Good Morning unfortunately I lost. The Judge ruled against me and said he don't see that I have a real prospect of successfully defending the claim and that I breached the parking terms as per the notice on the signs. he said he sympathised with me and the mitigating circumstances presented however he has to apply the law, so I will have to pay the original Judgment cost, he didn't award any additional cost against me. It was not a good outcome for me even though the judge said I presented my case well and both he and the opposing solicitor commended me for that but it is what it is....I tried.

    Thanks to all for the assistance to prepare for this hearing shame it didn't go as I wanted...but it was 50/50 
  • Le_Kirk
    Le_Kirk Posts: 24,729 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Tough luck @BadIndian
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