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    • Notify them of your new address when you move yes.  You should do this with all your creditors and twice with the DVLA (once for licence, other for car V5C) Limitation period is 6 years for private cases.  Don't worry about a CCJ. They're a punishment from the court. For that you'd have to: Get a letter of Claim. Ignore that and get a formal claimform. Either not defend, not meet directions or go to a court hearing and lose (highly unlikely when following the advice here) Get judgement awarded against you Ignore this and not pay in full within 30 days. Only once all that has happened is a CCJ registered against you.  
    • Yes, you should tell them by snail mail if you move, just don't give them your email address. I think they have six years to pursue this, hopefully they won't. HB
    • Ok, thanks for this and noted. I am moving house in a couple of months - should I notify them of this? Is there a limitation period? I've never had bad credit and a CCJ could jeopardise my job for being a moral hazard.
    • It's attached... what do you need to see? Parking Ticket.pdf
    • Sorry not in the particulars of the claim in their letter before claim they state this but have not provided any thing.  I will change it to the claimant state they have the agreement and its terms and conditions but have not provided them. Other than this is the rest ok? 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Received a CCJ (by default)... OPC Parking Ticket


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Oh crap, I didn't ask about that, I had a counterclaim in my witness statement, and the judgement in my setting aside stated that if I win the case I get my 75 back, but I was so happy about winning it slipped my mind to mention it. Oh darn it!!!

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Well done!

 

If the court is on top of things you should receive two judgements - one for your dismissed case and one for your counterclaim.

 

If yours is missing, you can ring the court and write to the judge if necessary.

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Judges summary was more or less as follows,

 

"OPC have a contract with Peverel to enforce parking restrictions on Juniper/Cavendish Court. OPC have 3 signs on display in the controlled area which state the terms and conditions of parking there. It is completely possible that on entry to Juniper.Cavendish Court, the driver of the vehicle did not see the signs and therefore was unaware of the restrictions. Also, due to certain laws, only the driver of the vehicle in question can be charged, and not the registered keeper of the car, as he was not aware of any contract being formed. In every case, there is a burden of proof, and in this instance, the burden of proof lies with the claimant. Since the claimant is unable to prove who the driver of the vehicle was at the times of the alleged offences, then I have no option but to dismiss this claim." She then asked Julie Tomlin if she had anything to say, to which she replied no, and said case dismissed.

 

Thanks again to all that helped, hope one day I can buy you all a beer!!! :-)

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Well I asked for costs when I got my CCJ set aside, and the judge said that she would wait until the actual hearing and if I won that the n244 cost would be returned to me. It was even written on the judgement order for the setting aside. But I just received the judgement for the actual case and there is nothing regarding costs. I was so elated at winning that I forgot to mention costs at the hearing, but it was written in my witness statement, there was a counterclaim of £75 in my statement. I guess I have messed up, because there is no mention of it in the final judgement i received today. Any ideas?

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