CCJ - Issued to an old PO box

Coupon-mad

Your local court and the C's solicitor.

subzero1988

Thank you again, submitted this on Friday.

Will update 

subzero1988

I have received the following from DCB legal just now.

They are claiming that correspondence was received to my home address, but as there was no response, they used my PO box. 

So it seems like they still issued the court papers to my po box. Looks like I need to file a defence

Coupon-mad

Why are you showing us a terrible old defence where the statement of truth is 5 years out of date and this point (below) has not been good law for a decade (since ParkingEye v Beavis)?

"6. The Charge is Unenforceable as a Penalty

6.1. The amount claimed by the Claimant does not reflect any genuine pre-estimate of loss and is therefore an unenforceable penalty under common law principles (see ParkingEye v Beavis [2015] UKSC 67).

6.2. The Claimant must prove that the charge is proportionate and justified."

subzero1988

I'll redo my defence when I'm back from holiday and post it up 

Umkomaas

subzero1988 said:

I'll redo my defence when I'm back from holiday and post it up 

When are you back from holiday?  Isn't your hearing on 31 March - 11 days time?

Coupon-mad

But it's a CCJ set aside hearing so this is not the time to be trying to put together a defence about the PCN.

This hearing isn't about that.

This hearing is your chance to show that the claim was IMPROPERLY SERVED and ask the Judge for an order as per your draft Order: set aside thd CCJ (ref VCS v Carr) and strike out the claim for good (ref CEL v Chan and CPMS v Akande).

subzero1988

Umkomaas said:

subzero1988 said:

I'll redo my defence when I'm back from holiday and post it up 

When are you back from holiday?  Isn't your hearing on 31 March - 11 days time?

I'm back in 2 days time. I was under the impression that the hearing date wasn't going ahead as they agreed to set it aside?

Coupon-mad

Please bin that defence.

Delete both the posts you made with defences in. They are horribly old. Years old defences and I don't know where you found them.

And these defence posts are taking us off on a tangent.

Why do you think that the hearing you paid for isn't going ahead? Got a court Order vacating the hearing?

Coupon-mad

subzero1988 said:

I have received the following from DCB legal just now.

They are claiming that correspondence was received to my home address, but as there was no response, they used my PO box. 

So it seems like they still issued the court papers to my po box.

Looks like I need to file a defence

What made you think you now have to throw together a defence?

What made you think they consented? Did you sign an agreed consent Order? No you didn't. They sent a DRAFT ITDER that we haven't even seen and is probably NOT AN ORDER YOU WANT TO AGREE TO. But we don't know because we haven't seen it!

What made you think your hearing to set aside this CCJ isn't going ahead? Just because THEY aren't attending?

We can't keep up because your thread is 11 pages long and I'm lost...

STOP BELIEVING WHAT THEY WRITE!

Show us their Draft Order.