Out of the Blue: CCJ Debt letter (for pcn) – dcbl (/UK Parking Control ltd) - Set-aside & Dismissed

Coupon-mad

Ah I remembered wrong then. My bad. As long as that is the final judgment transcript, not just the one that gave Philip Carr the right to appeal to the CoA.

Char_LoT3

I believe I am looking at the correct one

Document is titled ' In the Court of Appeal (Civil Division) on appeal from Manchester Civil Justice Centre  Her Honour Judge Evans F9QZ07M8 

< Edited to add: >
Link to document:
https://assets.caselaw.nationalarchives.gov.uk/d-48211c17-0401-4ffd-a21b-5689fdc7ef4e/d-48211c17-0401-4ffd-a21b-5689fdc7ef4e.pdf

Assuming this is the right document, which date should I be using, the Hearing date or the Judgment date?

How am I doing with my Skeleton argument other than that?

Thanks!

Char_LoT3

Am I correct in thinking to procced I need to follow now is:

Email my skeleton argument to the local court (including the case number and all details) that the hearing is in, at least two? days before the hearing?

Email a copy over to the clamant / there solicitors ( DCB Legal I believe in this case ) ?  

Is there anything else I need to do after that?   

Should I up-date my draft Judgment at all (in respect of any new info from Carr vs vcs etc )?

Then appear in court with notes, half a clue what I'm arguing, copy's of my paperwork and crib sheet? And try and argue my case?


Also do I need to explicitly tell the court I need assistance from my partner in speaking for me in the court room (I believe I mentioned this on the set-aside form, going from memory).

Thanks!

Coupon-mad

Yes, you do all if the above but don't need to ask for advance permission to use a Lay Rep.

Just mention that you are attending with your Lay Representative on the day when you sign in with the Usher, and DO NOT agree if they say that your partner is "a McKenzie friend".

No. There is a difference. Lay reps can speak.

Char_LoT3

Thanks again for the reply Coupon-mad

Quick question regarding my draft Judgment, my initial one was very brief in asking for the judgment to be set aside, struck out and the cost of the set aside application be reimbursed.

The skeleton argument I have used as a base has '4. RELIEF SOUGHT'.  Should I update my draft order to mirror this?  and if so, do I need to properly detail any 'Defendants costs' at this point? 

Thanks!
    

Coupon-mad

Yes you can update both.

Char_LoT3

Still reading up on the CPR's and VCS vs Carr,  how relevant is the phone calls in this case to the argument that the service was defective?

Most of use find a CCJ appear after service to an old address and then a default judgment, most of us I assume having forgot to update the DVLA... 

I am not clear if a complete lack of response to ANYTHING on it's own is grounds enough for the claimant to be reasonably put on notices that they don't have the address of current residence?!


Thanks!
 

kryten3000

Char_LoT3 said:

I am not clear if a complete lack of response to ANYTHING on it's own is grounds enough for the claimant to be reasonably put on notices that they don't have the address of current residence?!
 

The parking company or their legal agent should undertake due diligence - if none of their letter have been responded to, they have a duty to ensure that they are using the correct address for service which usually means making a credit search to find the individual involved.  They won't have this information or will have "accidentally" used the old address.  Either way VCS v Carr applies.

Char_LoT3

Thanks kryten3000

That's about what I understood, I just wasn't clear from reading the transcript how important the phone call mentioned was in the appeal hearing, it's all a little bit over my head.. but hopefully have enough of an understanding !

Thanks!

Coupon-mad

At the hearing (and also at the first hearing for VCS v Carr, before DJ Iyer at Manchester court) the judges mused that silence to PCN and follow up letters IS a reason to believe the address may not be valid.

So yes. Silence is a 'reason to believe'.

There is probably more (non parking) case law on this question. Worth a google.