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#Post#: 31688--------------------------------------------------
Re: Harbour Exchange - PCN despite being permitted - Parking
Longer than permitted - No PCN & Claim sent to previous add
DIR By: b789
Date: July 31, 2024, 3:31 am
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OP, if UKPC or DCB Legal hold an old address for you, you are at
high risk of a CCJ by default instead of an easy win. Your very
first action is to send a data rectification notice to the DPOs
of both firms ordering them to rectify your data with your
current address for service and for them to erase your old
address.
#Post#: 31689--------------------------------------------------
Re: Harbour Exchange - PCN despite being permitted - Parking
Longer than permitted - No PCN & Claim sent to previous add
DIR By: FaeLLe
Date: July 31, 2024, 3:39 am
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Parking event was in Feb 2024, address change was requested with
DVLA in December 2023. The process was delayed since the
Registered Keeper is a victim of domestic abuse (and their
address details are being protected) they have to follow
different (manual) process with a specific case worker to
perform transactions with the DVLA.
I was probably a bit enthusiastic last night but will probably
recend on my idea of raising a Counterclaim.
I am not sure there is a restriction on requesting registered
keeper details twice, especially since most of them use a third
party software service which obtains the details in turn from
DVLA. There seems to be no restrictions regarding this in the
guidance issued :
HTML https://assets.publishing.service.gov.uk/media/624dabc7e90e0729f6bf8167/inf-266-release-of-information-from-dvlas-registers.pdf
Additionally, my understanding is CPR requires service of
documents to the Defendants current address and the Claimant
must use reasonable steps to verify the address, checking if the
address has changed and registered keeper is same on your
computer seems a reasonable thing to do.
This is a good article that covers this point:
HTML https://www.civillitigationbrief.com/2018/03/27/service-of-the-claim-form-at-the-old-address-the-hierarchy-of-measures-a-claimant-has-to-take/
The SAR will also reveal whether the previous notices sent were
returned to DCBL or UKPC which will further strengthen the
point.
The claimant in Smith -v- Hughes & the MIB [2003] EWCA Civ 65
had their case struck out for sending a claim to the last known
address due to this.
A claimant must have “reason to believe” that the address is no
longer current. Whether that is an objective or subjective test
is not clear. Further it is not clear how diligent a claimant
has to be in seeking out alternative methods of service.
However it is clear that, with the change of the rules, simply
serving at the “last known address” is a dangerous step.
The claimant must go through the hierarchy of measures set out
in CPR 6.9.(3) before service at the last known address is
possible.
CPR 6.9(3)
(3) Where a claimant has reason to believe that the address of
the defendant referred to in entries 1, 2 or 3 in the table in
paragraph (2) is an address at which the defendant no longer
resides or carries on business, the claimant must take
reasonable steps to ascertain the address of the defendant’s
current residence or place of business (‘current address’).
(4) Where, having taken the reasonable steps required by
paragraph (3), the claimant –
(a) ascertains the defendant’s current address, the claim form
must be served at that address; or
(b) is unable to ascertain the defendant’s current address, the
claimant must consider whether there is –
(i) an alternative place where; or
(ii) an alternative method by which,
service may be effected.
(5) If, under paragraph (4)(b), there is such a place where or a
method by which service may be effected, the claimant must make
an application under rule 6.15.
(6) Where paragraph (3) applies, the claimant may serve on the
defendant’s usual or last known address in accordance with the
table in paragraph (2) where the claimant –
(a) cannot ascertain the defendant’s current residence or place
of business; and
(b) cannot ascertain an alternative place or an alternative
method under paragraph (4)(b).
#Post#: 31691--------------------------------------------------
Re: Harbour Exchange - PCN despite being permitted - Parking
Longer than permitted - No PCN & Claim sent to previous add
DIR By: FaeLLe
Date: July 31, 2024, 3:46 am
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--- Quote from: b789 link ---
>
> OP, if UKPC or DCB Legal hold an old address for you, you are
at high risk of a CCJ by default instead of an easy win. Your
very first action is to send a data rectification notice to the
DPOs of both firms ordering them to rectify your data with your
current address for service and for them to erase your old
address.
>
--- End Quote ---
Thanks for this, I have specified the new address on the
Acknowledgement of Service (address for communication).
I believe this should help alleviate the concern? Please help
advice if the address rectification is really required?
If the SAR reveals other PCNs then I could deal with them
separately is what I was thinking.
#Post#: 31693--------------------------------------------------
Re: Harbour Exchange - PCN despite being permitted - Parking
Longer than permitted - No PCN & Claim sent to previous add
DIR By: DWMB2
Date: July 31, 2024, 3:51 am
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It would be sensible to send a rectification notice anyway.
#Post#: 31712--------------------------------------------------
Re: Harbour Exchange - PCN despite being permitted - Parking
Longer than permitted - No PCN & Claim sent to previous add
DIR By: b789
Date: July 31, 2024, 6:53 am
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The address given on the AoS will do for the CNBC. However, you
must send the DPOs of the PPC and their solicitor a data
rectification notice and it must also instruct them to erase
your old address. The highlighted word is there for a reason.
Of course the claimant is required to do due diligence for the
correct and current address for service. However, that does not
mean that they do. In fact, they are likely not to and hope. For
a CCJ by default.
If you get a CCJ by default, yes you can get it set aside if the
claim was not served correctly. However, do you really want to
go through the whole process of a set aside with the associated
risk that they then discontinue before a trial and you don’t
recover your costs? Not worth it. Just do the DRN to the DPOs.
If the SAR reveals other PCNs, then it is easier to deal with
them separately in a new thread if they are for different
locations. If they are all for the same location then use this
thread.
#Post#: 31717--------------------------------------------------
Re: Harbour Exchange - PCN despite being permitted - Parking
Longer than permitted - No PCN & Claim sent to previous add
DIR By: The Rookie
Date: July 31, 2024, 8:33 am
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--- Quote from: FaeLLe link ---
>
> I am not sure there is a restriction on requesting registered
keeper details twice
>
--- End Quote ---
You may not be sure, I am.
Did you read the KADOE contract the requests are made under,
also not enough time has elapsed to suggest they should have
used a trace mechanism.
At least if (unlikely) it gets to court there should be no
question of unreasonableness under the circumstances.
#Post#: 31719--------------------------------------------------
Re: Harbour Exchange - PCN despite being permitted - Parking
Longer than permitted - No PCN & Claim sent to previous add
DIR By: b789
Date: July 31, 2024, 8:50 am
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Just send the defence as advised. Make sure you use the correct
email address and also send it to yourself. Make sure you get
the auto-response from the CNBC.
The sooner you do, the sooner this will be over. No point
waiting for the SAR as they have up to 30 days to respond and
may not achieve that. There will be nothing in the SAR that is
going to assist you.
#Post#: 31727--------------------------------------------------
Re: Harbour Exchange - PCN despite being permitted - Parking
Longer than permitted - No PCN & Claim sent to previous add
DIR By: FaeLLe
Date: July 31, 2024, 10:04 am
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--- Quote from: b789 link ---
>
> Just send the defence as advised. Make sure you use the
correct email address and also send it to yourself. Make sure
you get the auto-response from the CNBC.
>
> The sooner you do, the sooner this will be over. No point
waiting for the SAR as they have up to 30 days to respond and
may not achieve that. There will be nothing in the SAR that is
going to assist you.
>
--- End Quote ---
Agree. Thank you for your insights, I will draft one tonight and
share it.
With regards to the Draft order I understand it needs to be in
MS Word format in the N24 General form of order. Should I move
the content into that format or is it not advised to do that for
CNBC claims?
Thought I would make it easier for the court to progress this
Claim and not fall short of what is required.
#Post#: 31760--------------------------------------------------
Re: Harbour Exchange - PCN despite being permitted - Parking
Longer than permitted - No PCN & Claim sent to previous add
DIR By: b789
Date: July 31, 2024, 1:29 pm
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Simply send both the short defence and draft order as PDF
attachments in an email. All that is needed to be edited is the
claimant and defendant names, claim number and an electronic
signature and date on the defence. Nothing to be edited on the
dept aft order.
#Post#: 33353--------------------------------------------------
Re: Harbour Exchange - PCN despite being permitted - Parking
Longer than permitted - No PCN & Claim sent to previous add
DIR By: FaeLLe
Date: August 14, 2024, 9:02 am
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Hello all,
Quick update.
Data rectification request was sent to the Claimant, no response
to date but acknowledgement received from their Data Protection
team.
Also this morning I Got a letter by post to the address I
provided. It states the Defence was received and a copy is being
served on the claimant or their solicitor.
It states claimant will now attempt to resolve dispute by
contacting me or inform the court that they wish to progress.
The letter also states, claimant must contact court within 28
days after receiving a copy of the defence after which the case
will be put on stay.
Should I apply to strike out the claim (default judgement) if I
do not receive a response after 28/30 days?
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