TPS ANPR PCN PAPLOC Now Claimform - Wrong Reg - boddingtons Gt Ducie Street, Francis Street, Manchester, M3 1PQ

[dx100uk]

On 08/01/2024 at 13:52, dx100uk said:

so WS by 10th feb

14 days before the hearing from the court..

[Dave962]

is hearing not 28th?

[dx100uk]

yep sorry typo then. though it was the 24th 

so ws exchange by 14th feb.

dx

 

[Dave962]

Would you recommend include every letter of correspondence I send to DCB being attached to the WS as an Exhibit? I didn't make any appeal so I have no appeal letter to include within.

[dx100uk]

if you refer to any letter in your WS you must exhibit it and ref its exhibit number in your WS where you mention it.

 

[FTMDave]

How many letters did you send to DCBL?  IIRC it was just the snotty letter and a second letter when they threatened to sue you at your old address, right?

[Dave962]

Urgh I thought I replied to this last week, sorry.

1) cheers for your letter of claim

2) CPR 31.14 request

3) The best person who knows where I live is me..

4) a letter to tell them to stop calling me

[FTMDave]

Most of these are standard letters with little bearing on whether you owe the money or not.

Personally I'd only include the CPR request (to show them up for being unwilling to produce important legal documentation) and their letter where they threatened to sue you at an old address (to show their contempt for legal procedure).

[Dave962]

Thanks Dave, much appreciated.

When you say old address do mean hypothetical, as my address has never actually changed?

[FTMDave]

I mean this letter where they threatened to write to an old address, which would have led to you losing the case by default.

DCBL reply to snotty letter.pdf

[Dave962]

Thanks Dave 

I feel really daft here as I'm still a bit confused sorry. I think I just assumed this as a hypothetical thing so never thought any more of it, but actually I don't think I fully understand 

[dx100uk]

do not forget these points people....

is a wrong reg matter typed in on the Parkonomy app and the correct fee for the time stayed has been paid with a receipt retained.

this wrong address issue,

as this was an old car reg and it's now obv registered by someone else at another address? what address was the Claimform sent too? your current and present address? it doesnt look like it? 

On 28/05/2023 at 10:32, Dave962 said:

I’ll deffo not sign it, but I’m guessing this is the point then now where it is safe to reveal address etc.

have you checked MCOL address for you.?

else in a way DCBL are correct on this address issue.

need the answers dave.

 

 

 

[Dave962]

Thanks DX

No the reg was for the household 2nd car. It was just I gave Parkology one reg, and drove there in another. But both belonged to the same house.

Im sorry if I've caused confusion.

[FTMDave]

I'll read through the thread from the start and get back to you all.

[Dave962]

Thanks Dave and sorry again if I've confused anyone

[FTMDave]

OK, I think I've got there.

In the snotty letter you wrote, you included -

On 04/04/2023 at 23:39, Dave962 said:

Just in case you think you can sneak in a backdoor CCJ, I am formally informing you that I no longer live at XXXXXX but am now resident at XXXXXXX.

Are you saying now this is not right, that you've never moved since you got the ticket?  That the date on the original PCN is the address you still live at?

[Dave962]

Yes that is right, officially always at same address.

(Tho I am residing at a temporary residence the last few weeks due to divorce!)

[brassnecked]

Wrong reg is de minimis and if you have receipt  they have no loss to sue for, apart from a dodgy clause in the implied contract.

 

[Dave962]

Thanks Brassnecked. Is that clause something that needs to concern me?

[honeybee13]

From Google on de minimis.

Related Content. A legal term meaning too small to be meaningful or taken into consideration; immaterial. As a matter of policy, the law does not encourage parties to bring legal actions for technical breaches of rules or agreements where the impact of the breach is negligible.

HB

[FTMDave]

OK, what has happened is this.

At snotty letter stage you found an excellent snotty letter by another Cagger, but just used it verbatim without tailoring it to your own circumstances.  You should never do this.  You need to understand what you are sending and tweak it to fit your own case.

We realised you had put the name of the wrong parking company and had phrased it as if you were writing to the company rather than the company's solicitors.

But when you included that you'd moved we presumed that you had, er, moved.

There's no harm done but it led to pointless letter tennis to DCBL about a non-existent move and nearly including a load of nonsense in a Witness Statement.  Well spotted dx!

So to answer your above question - the only letter that needs to go in the WS an an exhibit is your CPR request.

[brassnecked]

And maybe point out that as you had paid therewas no loss and the wrong reg is de minimis as such makes it a ludicrous reason to take legal action as its easy to make such a mistake, if using partners car, a courtesy or hire car.

[Dave962]

Thanks all really appreciate that ands sorry again for the confusion. Better late than never from my point of view! 

Thats all understood then and I will remove any references to different addresses from my statement and not reference that particular letter.

Still loads of other useful information as always that has also come about from todays correspondence which I can put to good use, thanks

[FTMDave]

As BN and HB have pointed out, "de minimis" will be your ace.

[Dave962]

Good evening all, would this wash as a first draft...

 

Defendants WS 1st draft.pdf