(Yet another) DCBL Letter - I've dropped a clanger. What are my choices?

DoaM

A set aside with consent (in your situation, if you can swing it) probably amounts to:

Paying £100 for the set aside
Paying the claimed debt per the judgment of £267
The claimant agrees to the CCJ being cleared and to not pursue further any claim (as it has been paid)

So all-in £367 to clear the CCJ from your credit file ... as long as the other side agrees. (You can persuade them along this path by insisting that they either agree to this, and get their pound of flesh, or not agree and can go swivel). Paying it without the set aside will simply mark the CCJ as Satisfied, which will do absolutely nothing to help your creditworthiness - so that path is a non-starter.

Coupon-mad

Idiotic to throw away a COURT CLAIM FORM.  My word!  How frustrating, this was easy to cancel at the time.

Ask P/Eye if they will set aside with consent and allow you to pay a lower sum, due to the Hotel complaint you've made (you know the new complaint that Half_way has told you to do, twice now).  Tell P/Eye that you did ask the Hotel to cancel the PCN at the time and they failed to do so and you were a genuine patron all along.

Don't contact DCBL. 

Email enforcement@parkingeye.co.uk with the claim number and 'CONSENT TO SET ASIDE REQUEST' in the subject line, and ask the above and use the phrase 'what terms would ParkingEye offer for a set aside 'with consent' given I was a genuine patron of the Hotel and have complainted because ...blah blah...'

I repeat - don't contact DCBL but be very quick with your email (right now) to P/Eye and your escalated complaint to the Hotel for allowing this to happen and not simply exempting your vehicle and making that mechanism easy to find at the time.

bobsy31

Half_way said:

have you contacted the hotel?
that step is important as if you say the right thing it could be a huge help to you.
your eventual aim should be that as result of this episode you lose nothing, and gain knowledge to fight back and help others

I have emailed the General Manager of the hotel earlier today and explained my legitimacy in being there, proof of receipt and the request to call back on recept of the first letter. Will call them tomorrow and email them again at the end of the week.

bobsy31

DoaM said:

A set aside with consent (in your situation, if you can swing it) probably amounts to:

Paying £100 for the set aside
Paying the claimed debt per the judgment of £267
The claimant agrees to the CCJ being cleared and to not pursue further any claim (as it has been paid)

So all-in £367 to clear the CCJ from your credit file ... as long as the other side agrees. (You can persuade them along this path by insisting that they either agree to this, and get their pound of flesh, or not agree and can go swivel). Paying it without the set aside will simply mark the CCJ as Satisfied, which will do absolutely nothing to help your creditworthiness - so that path is a non-starter.

Ok thanks, so I have an estimate for the total cost. Thanks.
Will definitely not just pay it without a side aside.

I will find a way of wording this "not agree and can go swivel", as I;m on a bit of a winning hearts and minds offensive now with Parking Eye

bobsy31

Coupon-mad said:

Idiotic to throw away a COURT CLAIM FORM.  My word!  How frustrating, this was easy to cancel at the time.

Ask P/Eye if they will set aside with consent and allow you to pay a lower sum, due to the Hotel complaint you've made (you know the new complaint that Half_way has told you to do, twice now).  Tell P/Eye that you did ask the Hotel to cancel the PCN at the time and they failed to do so and you were a genuine patron all along.

Don't contact DCBL. 

Email enforcement@parkingeye.co.uk with the claim number and 'CONSENT TO SET ASIDE REQUEST' in the subject line, and ask the above and use the phrase 'what terms would ParkingEye offer for a set aside 'with consent' given I was a genuine patron of the Hotel and have complainted because ...blah blah...'

I repeat - don't contact DCBL but be very quick with your email (right now) to P/Eye and your escalated complaint to the Hotel for allowing this to happen and not simply exempting your vehicle and making that mechanism easy to find at the time.

Thank you. I won't contact DCBL as has been advised. 
And yes, idiotic is one of many ways to describe my actions

I will write a letter to Parking Eye with your points. And in effect asking them to make an offer for a set aside with consent.
I can provide proof of my attendance including a receipt for food and drinks.
 To stipulate for the CCJ to be cleared
No further payments to be requested.


A digressing question -  do the like of Parking Eye and the courts not send their most important letters by registered post? So they know the person has definitely received it?

bobsy31

Redx said:

This is not a legal aid forum , it's a consumer advice forum , so you are lucky that we have previous experience on this topic due to other victims posting over the years

I understand. To you, and all the other contributors so far to my post, I'd like to thank you for taking the time to reply, advise and help.

Half_way

[quote]I have emailed the General Manager of the hotel earlier today and explained my legitimacy in being there, proof of receipt and the request to call back on recept of the first letter. Will call them tomorrow and email them again at the end of the week. [/quote]

Ids the hotle aware of how this has progressed? have you infomred them that at the time they told yoou not to worry, and you now find yourself in a sitation where you will have to pay and invest some time in obtaining  set aside?

You dont need to be agressive, but you should inform the hotel that as a result of their actions and your first point of contact withthe hotle you now find yourself where you are

nosferatu1001

No, of course they don't use signed for post. For courts they just rely on the interpretations act. 

bobsy31

Half_way said:

[quote]I have emailed the General Manager of the hotel earlier today and explained my legitimacy in being there, proof of receipt and the request to call back on recept of the first letter. Will call them tomorrow and email them again at the end of the week. [/quote]

Ids the hotle aware of how this has progressed? have you infomred them that at the time they told yoou not to worry, and you now find yourself in a sitation where you will have to pay and invest some time in obtaining  set aside?

You dont need to be agressive, but you should inform the hotel that as a result of their actions and your first point of contact withthe hotle you now find yourself where you are

They are now. This is what I have sent them:

Subject: ParkingEye ticket which is now a CCJ

***** - I'm sure this won't be the first (or last) email about ParkingEye, I hope you can help me come to a satisfactory resolution.

I was at the hotel last year, in order to meet my Non-Executive Director in the lobby. I had travelled for that meeting only, and due to my rushed arrival, I did not see any signage with regards to parking. Proof of being there including a receipt of purchase I can provide.

I remember seeing a letter come through, I rang the hotel on receipt and explained what had happened. I asked them to have someone call me back, which I did not hear.

Fast forward to now I have received a letter from DCBL Ltd to recover £267. I do not recall receiving any letters

I run a mental health community interest company in Yorkshire. This letter concerns me as it says I not only have a CCJ but that I have little way out. I worry what it will do for my charity work as well as my creditworthiness when it comes to raising funding and getting business support.

Please can you help me in getting this resolved? The ironic thing is I was there legitimately.

Thank you

Umkomaas

bobsy31 said:

Coupon-mad said:

Idiotic to throw away a COURT CLAIM FORM.  My word!  How frustrating, this was easy to cancel at the time.

Ask P/Eye if they will set aside with consent and allow you to pay a lower sum, due to the Hotel complaint you've made (you know the new complaint that Half_way has told you to do, twice now).  Tell P/Eye that you did ask the Hotel to cancel the PCN at the time and they failed to do so and you were a genuine patron all along.

Don't contact DCBL. 

Email enforcement@parkingeye.co.uk with the claim number and 'CONSENT TO SET ASIDE REQUEST' in the subject line, and ask the above and use the phrase 'what terms would ParkingEye offer for a set aside 'with consent' given I was a genuine patron of the Hotel and have complainted because ...blah blah...'

I repeat - don't contact DCBL but be very quick with your email (right now) to P/Eye and your escalated complaint to the Hotel for allowing this to happen and not simply exempting your vehicle and making that mechanism easy to find at the time.

A digressing question -  do the like of Parking Eye and the courts not send their most important letters by registered post? So they know the person has definitely received it?

No. 

And if you refused to sign for it ........ ?  They have proof that the person definitely didn't receive it.  If that was the procedure, who would ever sign for a potential court claim?