PCN into CCJ - all correspondence to old address.

slatmaster

I'm due for my hearing in the coming days (it was pushed back) Any final advice or tips? I looked at the othersides witness statement. They seem to be relying on the fact that the date on one of the letters means that must be the date it was received even though it was only forwarded to me 6 months later.

Coupon-mad

slatmaster said:

I'm due for my hearing in the coming days (it was pushed back) Any final advice or tips? I looked at the othersides witness statement. They seem to be relying on the fact that the date on one of the letters means that must be the date it was received even though it was only forwarded to me 6 months later.

Is this your CCJ set aside hearing you paid for?  Or are you defending a claim and don't have a CCJ?

Search the forum for CCJ VCS v Carr and know your stuff. Look at recent posts since June, only.

slatmaster

CCJ set aside I paid for. Perfect will do, cheers.

slatmaster

OUTCOME - SET ASIDE > GOING TO SMALL CLAIMS.

A thoroughly unenjoyable experience. Judge took an active dislike to me instantly and started the interaction asking what AI i used inmy witness statement and then proceeded to tell me rule number 1 is to not !!!!!! the judge. He cut me off after 3 seconds everytime he asked a question so the whole hearing was essentially me being dictated to. He also said, 'i'm not sure why you've included all this case law here because we don't look at that'. Shut me down the second I mentioned VCS vs CARR.

Basically I think a last minute change of heart occured because I was so flustered and probably looked like I was about to cry, he set it aside (didnt give a reason) and then said 'be happy you've won' Then said to expect a letter for a date at small claims. Really unsure how to feel about the whole experience and annoyed costs aren't covered as it just shows another flaw in our justice system that these companies can try it risk free essentially.

Thanks for all the help regardless and on to the next hearing.

Coupon-mad

Terrible Judge! Which court?

slatmaster

Walsall County Court. My barrister friend assured me this was a bad experience and was just super unlucky with the judge. Guess it is what it is. SET ASIDE still granted but ye still unsure how to feel!

slatmaster

I have had a text after a very long time from Moorside re. a different fine asking to get in contact. They have all my details and I even 9 months ago contacted them regarding this second fine to tell them to send all correspondence to the proper address. This evidently has not happened. What is my best move here?

Coupon-mad

Send them the LBC response from the NEWBIES thread, which reiterates the correct address for service.

What has happened with the set aside case? Listed for a hearing? Discontinued?

slatmaster

Says there generic email address is not monitored and doesn't give an alternative. Says there's a new portal which needs lots of details so is the best bet to call?

Original case has a Small Claims date later in the month

Coupon-mad

Call? As in phone a bunch of parking industry 'outrageous scammers'?!

Don't be daft! Use the Portal. Of course it needs your data but they already know that.

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Re the other one:

Have you put in a costs schedule for that one? You should.

Sadly you can't have another go at getting your £313 fee back because the bad first judge shut the door on that, but you should ask for your attendance & travel costs for THIS hearing,

You'll hopefully (likely) get a different judge.

And I would suggest, submit at least two weeks before this final hearing, a shorter supplementary 'Defendant's WS no 2' which purely talks about your right to park and what went wrong (how did the PCN arise - no permit? Why?) and citing the Duchess of Bedford House parking case law and Jopson v Homeguard - as exhibits - along with Chan and Akande because that argument is still true, about the POC.

And attaching your AST or lease, if it was your residence and you have a right to park that no unsolicited 'permit scheme' can supersede.