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

Redx

as pointed out above, the interpretations act came into force some 42 years ago

see this here

http://www.legislation.gov.uk/ukpga/1978/30/section/7

and also

https://www.morrlaw.com/party-wall/statutes/interpretation-act-1978/section-7/

whilst it might seem a good idea, as Umkomaas says above, it can have the opposite effect, so there are instances of parking companies not signing for documents etc, plus if they use a P O Box as many do, who is there to sign for them ? (hint - nobody)

Debt collection companies hide behind P O Box numbers too , for similar reasons, as well as safety (they dont want their windows egged)

do what Coupon mad said , because at the moment its the CCJ that needs dealing with , promptly , something that the hotel cannot really fix , because even if the hotel paid it for you, it wont fix your CCJ issue, only a court can do that, with the set aside

bobsy31

Hello everyone - a mini revive of this post.

So an update (of sorts). the GM of the hotel has tried and she has managed to remove the debt back from DCBL. 

It still leaves me to sort the CCJ and set-aside.

As per the recommendations above, is such an email to Parking Eye adequate?
Suggestions very much appreciated.
Thank you

Subject: CONSENT TO SET ASIDE REQUEST' 

To whom it may concern,

What terms would ParkingEye offer for a set aside 'with consent' given I was a genuine patron of the Hotel. I can provide proof of my attendance including a receipt for food and drinks. Please see attached. On receipt of the first letter I had requested the hotel to come back to sort this misunderstanding, and that did not happen. More recently the General Manager at the hotel has looked into this also.

There is no logical incentive and rationale for me to have let this escalate to where it has. I was there legitimately which would be proven not just by the receipt, but any footage in the hotel lobby area on the day. The most recent letter is the first I have known of me having a CCJ. 

Therefore please can we agree on an offer for a set aside 'with consent'

On doing so:

 - I would like to stipulate for the CCJ to be cleared

-  No further payments to be requested.

Regards

D_P_Dance

Hang on, I am puzzled.  If there is now no  debt, and you have done nothing wrong, why are you prepared to pay?

nosferatu1001

DP = it seems that all thats happened is DCBL arent looking to enforce the CCJ
The CCJ still exists, and needs setting aside. 

D_P_Dance

I understand that.  However, if PE agree to a with consent CCJ, are they not likely to ask for full payment of the award with costs?.   If OP  goes for a withot consent CCJ, , gets it , then then beats PE in court on a resubmitted claim and gets all costs, is he/she not likely to be £££s better off?  .  

nosferatu1001

You said " If there is now no  debt"
There is, by definition, a debt - the court has found that. That is what I was addressing from your post. 
I do wonder why the OP is looking to set aside with consent - possibly its covered in the previous 3 pages. 

D_P_Dance

I do not consider the existing "debt"  a proper debt,  It was a uncontested CCJ which it seems can be very easily set aside.  I too wonder why OP is considering a with consent action.  

bobsy31

Morning everyone - to be clear. This was what the hotel came back with:

I have had to liaise with our enforcement team regarding this charge due to the stage it had escalated to.  Unfortunately, I cannot have this charge cancelled due to it reaching court stages and a CCJ being granted from the courts.  The charge had also been passed over to a debt recovery agency and an additional charge had been added.  I have requested that this be recalled from the debt recovery agency and that the additional charge be removed which they have done.

The charge does remain outstanding at £197

 

nosferatu1001

So as above - why do you want a set aside with consent?

D_P_Dance

Have you considered a without consent CCJ?   You could end up hundreds of pounds better off..