Please help- Please help !! PCN from Vehicle control services ltd

Trainerman

Fruitcake said:

SoJacob said:

Fruitcake said:

SoJacob said:

Coupon-mad said:

Diarise to do the N244 anyway 8 days after you send that email to DCBLegal with your proof of being out of the country.  Do the email to DCBLegal tomorrow.

DO NOT DELAY OR FORGET to then do the N244 next weekend and show us to check it.  You need an extra sentence and you must mark it urgent for the courts to order a stay of enforcement. 

How to do a set aside is shown in all the hundreds of set aside threads and also in the NEWBIES thread in the section on settimg aside a CCJ.


*if you agree of course?  I am only suggesting that to protect you from HCEOs.

Ok, I will send them an email. But not sure which email address to choose. I have few email addresses including a one they gave me yesterday. I will follow your advice. 

But please for peace of my mind, please confirm- once I apply for set aside and the judgement finally came against to my wishes what will happen? Do I still get 1 month notice to pay the amount or will it be in my credit records for 6 years from the date of the new judgement? Since I have not paid by 18/03/22? I am looking for a mortgage and I don’t want this spoil my dream 😞😔

If you lose "the original claim" you will have a month to pay, and as long as you do within that timescale, no CCJ will be recorded.
If you don't pay in time, a new CCJ will be entered against you. If you pay late, the CCJ will still be entered but marked as satisfied. That's still not a good result.

If you win, you may be able to claim up to £95 in costs.

Thank you. But for clarification- If the court agrees for set aside, then I do defence but didn’t go in favour- then from the new judgement I get 1 month notice to pay amount right?

Yes, that is correct. You will get a month to pay if you lose the new case, but properly defended it should be a lower amount than the original judgment.

I think that that is a very important point to underline @SoJacob. If you can get this set aside and then defend the original claim, you have a really strong case to at least get the add ons removed. So even if you lose, you lose a lot less .....and you could well win anyway. I think there are lots of people on here rooting for you and only too willing to help where they can.

SoJacob

Thank you all!! I know you have been all very helpful. I had sleepless nights since I came back from my holiday. I find it difficult to concentrate at work and not able to relax. But today you all made me feel better and confident to move on with this.. 

i am going to email the DCBL the email I drafted. 

SoJacob

Fruitcake said:

Yes, that is correct. You will get a month to pay if you lose the new case, but properly defended it should be a lower amount than the original judgment.

I just got a call from the RCN legal rep. She sounded very confident and told me if the judgement following set aside is against to my wishes this will definitely effect my credit history for 6 years from 18th March 22. It such a shame that there is no clear advice on any websites including gov, CA. 

SoJacob

Quick update, I contacted the court spoke to a lovely lady. She told me that it best to settle as it likely affect my credit record as I have very limited time. 

I am honestly finding difficulty to risk having a bad credit record. I have emailed them anyway and will wait for their response. Following then I will decide after seeking advise from you. 

Thank you 

Trainerman

Who do you mean by the RCN rep? In any case, if she is suggesting that if you gained a set aside and then lost a subsequent reclaim you would be in a worse position then I find that hard to believe. To me, it sounds like scaremongering.

Don't forget what @Fruitcake said at 9.38 this morning about the clock resetting.

It does sound as if you are being bullied/rushed down a certain path. I have not read far back, but from the time of judgement do you not actually have more than a week to stop, breathe and calmly reassess? If you have that time, use it.

SoJacob

This what says on the letter, I have one month time to settle. And I can ask the court to cancel the entry on the public register to avoid bad credit record. 

I will wait for the email from the DCBL. Depending on the response I may consider pay the amount they asks. As I do not want take a risk of having a bad credit record for 6 years and offcourse I cannot risk my unborn child. 

I am a senior specialist nurse practitioner works for the NHS. And I am able to challenge and face any difficult/ challenging situation appropriately.
With this case I always wanted to defend, therefore I decided not to pay the parking company at the beginning. I understand these companies get profit from us and getting rich by sterling so many of ours hard earn money. Unfortunately, I feel drained and no energy physically and mentally. 

As mentioned before, all of you were a great help for me , THANK YOU all so much!!! I am sorry, I cannot fight anymore. 

Trainerman

I think we would all give you a standing ovation for what you do in the NHS, particularly in the last couple of years. Also, I have never been pregnant ( being a bloke) but watching is difficult enough. Of course your future and your baby come first. No-one would criticise that view.

See what DCBL say and remember, if you do decide to fight, there are plenty of people to help here. Good luck

Coupon-mad

But we win cases here. Setting aside a CCJ is not about then losing the case and paying anyway.

You are not expected to lose.  And even if you did, it would not include the false £210 for what is now banned by the Govt's new Code of Practice.

If you didn't send the email asking for Consent today, then (if you are up for fighting back?)  I suggest you forget that step as you now have no time to give them 7 days. 

If I understood correctly, you rang someone?  You were not meant to phone DCB Ltd (why are they involved?).  The claim was handled by DCBLegal.  DCBLtd are not involved yet.

Who did you ring, DCB Ltd or DCB Legal?

If you phoned DCB Ltd (or Legal?) I doubt you were able to state all the things you needed to say.  Did you offer to pay £200 and said otherwise you will file a N244 application this coming week?  Did you cover all the points I set out?

By all means (if you want to make that offer) see if they will accept £200 in full and final settlement (NOT instalments and not a higher sum) on Monday.

If not sorted out by settlement, if you decide you are going to try to right this wrong, file a N244 next week as I explained, at the £275 fee.  You will need to show us your draft Witness Statement though, to be sure you state the right part of the CPRs and why the claim should be set aside.

We will help you all the way.

The N244 needs the extra sentence I explained to include, about urgently asking for the application to be placed before a Judge immediately to grant a stay of enforcement/writ, to prevent bailiffs/HCEOs.

Unfortunately, I feel drained and no energy physically and mentally. 

As mentioned before, all of you were a great help for me , THANK YOU all so much!!! I am sorry, I cannot fight anymore. 

I get it - the whole situation is horrible (apart from the baby news - lovely - I'm a proud mum of four - now young adults).

I am so sorry if you end up just paying.  Don't agree to instalments or you get a CCJ anyway.

If you decide to fight it I've tried to set out what to do next week.

We win cases here and if you can get the CCJ set aside you will likely pay nothing at all.

SoJacob

Thank you for understanding my situation. 

Thank you @Trainerman. 

and thank you @Coupon-mad. 

We are looking for a mortgage and I see that from the letter from the country court says below. It states it will be passed to the credit agencies and will come off from the register once I settle the amount in a month (18/3/22). I am a person who never gives up. But I am unable to sleep well, not able to think straight- it may be to do with my pregnancy. I have an amazing husband who encourages me to move forward with it but I remember how upset he was when I had the miscarriage last time (I strongly feel this was due to my stress at the time) and also it is his dream too to have another house this year. I am honestly worried about the credit scoring. 

However, for my peace of mind (if it is possible??) I pay them the full amount and then disagree with the judgement as I purely paid to avoid any future consequences and I have only a small time frame and cannot go through it while I am pregnant. 

I contacted DCB Legal LTD on the contact number in the letter  below 020 3434 0433. DCB LEGAL AND DCBL ltd- are they not the same?  

@Coupon-mad- I have emailed (I shared the draft here https://forums.moneysavingexpert.com/discussion/comment/79014520/#Comment_79014520 ) to 3 email addresses (jmu@dcbltd.com, complaints@dcbltd.com, hmu@dcbltd.com) including the one was given to me by them, all ends with @dcbltd.com. I believe I involved as per your advise. I will wait for their response and update you. 

Coupon-mad

DCB LEGAL AND DCBL ltd- are they not the same?  

No.

You needed to email DCBLegal stating what I carefully set out.

Emails for them are all over the forum, including info@dcblegal.co.uk and paul@ and danielle@ and shaunagh@

That's assuming those names are still 'working' there, which they were recently.