DCBL: telling me I have a ccj I don’t have.?

Coupon-mad

Donowl1981 wrote: »

What I received from the court was titled: Notice of set aside judgement and seems to be basically telling me where and when to go . They have also sent copies of all the stuff I sent them stamped by the court.

Email Excel tonight and say they clearly know about the set aside hearing because they've responded, so they must now call their dogs off.

Donowl1981

Hello again.
Received an email from excel today. Have a read of this, seems a bit weird, is it even there place to consent to a set aside? Are they just trying to avoid having to refund my court costs?
Thanks in advance for any advice.

WITHOUT PREJUDICE

Dear Mr*********,

I write in relation to the above matter.

The Claimant Excel Parking Services Ltd are going to oppose the Application on grounds that you failed to deal with the Parking Charge Notice when it was first issued. Further to this, you ignored numerous correspondences from ourselves and our solicitors BW Legal. We acted upon the information received from the DVLA.

However, if the Claim is settled prior to the filing of the Claimant's evidence bundle, then we will consent to the Judgment being set aside.

In order to settle this matter at this stage, the Claimant offers £125.00 in full and final settlement of the claim. Upon payment being received, the Claimant will draft a Consent Order and file the same with the court, consenting to the judgment being set aside.

If you wish to discuss this matter please contact Litigation on 0114 231 7851.

Kind regards

twhitehousescat

excel lie ,

we will do this we will do that , the only comunication you have to prove they would comply is in an email marked "WITHOUT PREJUDICE "

beamerguy

Donowl1981 wrote: »

Hello again.
Received an email from excel today. Have a read of this, seems a bit weird, is it even there place to consent to a set aside? Are they just trying to avoid having to refund my court costs?
Thanks in advance for any advice.

WITHOUT PREJUDICE

Dear Mr*********,

I write in relation to the above matter.

The Claimant Excel Parking Services Ltd are going to oppose the Application on grounds that you failed to deal with the Parking Charge Notice when it was first issued. Further to this, you ignored numerous correspondences from ourselves and our solicitors BW Legal. We acted upon the information received from the DVLA.

However, if the Claim is settled prior to the filing of the Claimant's evidence bundle, then we will consent to the Judgment being set aside.

In order to settle this matter at this stage, the Claimant offers £125.00 in full and final settlement of the claim. Upon payment being received, the Claimant will draft a Consent Order and file the same with the court, consenting to the judgment being set aside.

If you wish to discuss this matter please contact Litigation on 0114 231 7851.

Kind regards

But this must be classed as blackmail ???? ..... "pay us or
we will not agree to set aside"

Doubt a county court judge would deal with blackmail
and would probably refer Excel to the High Court or
Crown court

I also doubt a county court judge, once informed of
this attempt to extort money from you would be
impressed.

If this was me, I would see Excel and their dodgy legals
in court and get the judges view on extortion/blackmail

twhitehousescat

beamerguy wrote: »

But this must be classed as blackmail ???? ..... "pay us or
we will not agree to set aside"

Doubt a county court judge would deal with blackmail
and would probably refer Excel to the High Court or
Crown court

I also doubt a county court judge, once informed of
this attempt to extort money from you would be
impressed.

If this was me, I would see Excel and their dodgy legals
in court and get the judges view on extortion/blackmail

not without seeing the email , and it is marked "WITHOUT PREJUDICE ", so cannot be produced in court

Donowl1981

Yes it does seem extremely underhand and I will definitely be taking a copy of the email to court with me.
Also the fact that they say I failed to deal with the parking fine at the time is a lie, I wrote to them asking to send me proof of the driver (as this was law at the time-2012).

beamerguy

I also note that the letter from Excel states ....

"WITHOUT PREJUDICE"

This means that they do not want the court to see
the letter

However judges will allow such letters if it is
important evidence

twhitehousescat

if the email is marked as such , it cannot be considered by the judge , although you can state you have received one and mention the WITHOUT PREJUDICE , and recite it from your memory , think thats allowed? , the judge may accept your words , ads he will have delt with this company before

also search for ANY paperwork or email communication , that may show that you made contact , that should be shown in court

beamerguy

twhitehousescat wrote: »

not without seeing the email , and it is marked "WITHOUT PREJUDICE ", so cannot be produced in court

see my post #68

Donowl1981

Right, seems like a daft rule. Hopefully should be pretty straight forward winning the set aside and making them out of pocket paying my court fees anyway.