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Mrs O'Frog

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About Mrs O'Frog

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  1. Ignore everything until you get a letter before claim/action (whatever wording they use). Expect some scary letters from debt collectors with lots of red ink, but just laugh and file - they have zero powers to do anything. In the meantime it's wasting VCS's money for being so silly. Under no circumstances do you appeal to IAS. They are not independent and will reject, simply handing VCS a piece of paper to wave in court as proof that the "independent" IAS agreed with them that the charge was due. When (if) you get a LBA you throw everything at them.
  2. frustration of contract (if there was ever even a contract) - just throwing one in as I whizz though - rl hectic atm!
  3. 10. In 2 parts really, sticking to their terminology it's "witness statement" and "statement of case" Witness statement (This is about not getting the claim form rather than the actual defence of the claim. Keep your points brief, numbered preferably. This is your witness statement so is written in the first person) 1. I moved into xxxxx, xxxxxx on xx/xx/xxxx. 2. Between xx/xx/xxxx and xx/xx/xxxx I received x parking charge notices from UKPC. 3. I contested the charges and corresponded with the claimant by post and email on several occasions, an example of both can be seen in the attached supporting evidence ref M?/001 and M?/002 4. My appeal was upheld for the first two charges and these were cancelled (by email?) ref M?/003 5. I wrote to UKPC on xx/xx/xxxx and said that (whatever the crux was - their admission of error?, you now expected them to apply the same reasoning to the other 5?) and if I did not hear from them by xx/xx/xxxx I would consider the matter closed. 6. I had no further correspondence from UKPC and assumed the other 5 charges had been cancelled 7. I moved to my new address on xx/xx/xxxx 8. I do not know if UKPC sent further correspondence to my former address, but if they had, as I had always corresponded with them in a timely fashion previously, in the absence of a response, they should have had a reason to doubt that the address was still good. My address could have been verified by writing to me at the email address that they have. 9. (If you know this to be true also say about them having tenant/white list so should have been aware that you no longer lived there) Statement of case (This is your defence - usually written in the 3rd person. This is where you stick the legal points ref your lease etc. Numbers, short points backed up with the legal points where you can. Convince the judge you would have kicked them into touch if you'd had your chance in court) I'm off to watch the F1 now and do my chores. I'll look back in later to see how you're doing.
  4. Okay - bit of time now. I'll do these 1 box at a time from the N244: 3. Set aside - Claim form not served at your current address and claimant did not follow CPR 6.9(3) when they (either "should have had reason to believe" or "should have known" if they did have lists of tenants) that you no longer resided at this address and they made no attempt to contact you through the alternative details that they hold.
  5. You may need the landlord's lease. Look for the definition of "Property" in your agreement. You may be able to get a copy of the lease from land registry if necessary.
  6. Just that you ought to be 100% certain the parking is in there. Wouldn't want you to trip up. I'm in work atm but will have a bit more time later to "twiddle " with bits - couple of things niggling me, but I can be a bit of a pedant.
  7. Ignore the debt collectors. Just file it with your other paperwork in case they eventually try court. It's too shiny to use as toilet paper anyway.
  8. Do CEL have an online portal where you can view the photographs? Sometimes it's an operator typo, sometimes it's an ANPR hiccup, sometimes it's a cloned car. If it's either of the first 2 I'd be ignoring, if it's the 3rd one I'd be informing the police (although still ignoring CEL), because if it later turned out to be used in a hit and run or something and I'd done nothing, I wouldn't want it on my conscience.
  9. 8. "Where my credit was abolished" How about credit rating had been severely compromised or credit rating had been reduced from xxx to xxx 9. Is not strictly true is it? 10. Confirms that 9 isn't true How about merging 9 & 10 to make 1 point that you had corresponded with the claimant regarding the original PCNs, they had cancelled two of the charges. You had written to them demanding evidence for the other 5 which they had not provided (or refused to provide?) and you gave them 14 days' notice on xx/xx/xxxx to supply all evidence to you or you would "(quote verbatim whatever you said about considering the matter closed)". State that you moved xxx days after that letter (xxx days after your deadline) and had received no further correspondence, therefore you considered the matter closed. 11. DVLA point - they are not allowed to ask DVLA for the keeper details after the initial application so you can't complain that they haven't broken the rules. Nonetheless, the other points that you were easily traceable are valid. Given that you had engaged with them previously it should give them cause to question why you would then become silent and at least perform a trace, especially after (4?) years without contact, which would have located you easily. this all rolls in nicely with 12. Order dismissing the claim - I'm not sure how much (if any) of this is relevant to your case. Read it back through yourself and make sure - remember, if you have ID'd yourself as driver, POFA means diddly. Do you really expect the judge to throw out their claim now, without a hearing? Section 10. Well everything from number 7 onwards is part of 10 really. - just merge them (even if you split into "default judgement" & "defence" within that) 1. That actually reads as if you received a LBA, asked them for evidence and didn't receive it 2 & 3 are similar to 9/10/11 above and need merging together for the best explanation The blurb after that is more of a witness statement than a defence. You need to be making the legal points about you having a lease and supremacy/primacy of contract etc. right to quiet enjoyment, deffo the point about cancelling 2 tickets, you did display your permit. This is where you have to convince the judge that it's worth giving you a chance at a hearing. Avoid saying you've known since Feb about the CCJ - just say on your last credit report or similar Overview: This really comes in 3 parts. 1) Draft order - this is what you're asking the judge to (pretty please) make an order for. You're asking them to 1) set aside the CCJ, 2) not decide on costs yet, 3) make the claimant properly serve the claim on you by (they'll change to whatever date they want) and if they don't they have to pay you back the £255, 4) if they serve the claim you defend by ...... (that's defence with a "c") 5) If they realise they are stuffed and chicken out they have to pay you the £255 6) No attachments or bailiffs in the meantime. The main point of this order is to recover your costs should the PPC decide that they are going to lose and pull out rather than fight it, plus, to make sure they don't take silly recovery steps while you're trying to sort it. Without including it you would probably kiss goodbye to your £255, win or lose. 2) Default judgement - why is it wrong that you got the default judgement? Your arguments about why they should have looked for you, not just assumed you were still there (btw did they have a list of permit holders/white list? If they did, they would have known you were no longer at that address) 3) Defence - Convince the judge that you have enough grounds to at least have had a fighting chance at a hearing. If they think you would have lost anyway then they won't grant a set aside, it would be a waste of court time and public funds. This isn't your defence proper, that will come later, but this has to have enough to make him believe that maybe you could win it. Number your defence points, keep them clear and concise. Post back up and let all the regulars cast an eye over it.
  10. Did you have a mail redirect in place at all after you moved? That would show that they hadn't responded for a further x months.
  11. Yes. On the N244, 4. Have you attached a draft of the order..... (That is the top 6 points on that link, under the heading "Draft order") 10. What information will you be relying on... (That's the witness statement from 7 onwards to the end) Obviously you'll need to change the dates/circumstances etc to suit your case. It's key that you are seen to act quickly. This isn't a full defence of the claim, but has to be enough to convince the judge you would have a reasonable prospect of success. Post it up here for people to look over before you send. Many eyes are best. In the meantime: SAR to UKPC SAR to DVLA Dig out your old lease Get photos of the signs
  12. Haha - okay, here's a link. Somebody's got a decent one here. https://forums.moneysavingexpert.com/showpost.php?p=74659291&postcount=12
  13. Make sure you include a six point draft order - to reclaim the fees when you win!
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