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

bobsy31

D-P / nosferatu
Being honest, I ignored the letters. So unless I claim I didn't get the letters than what other grounds do I have?

nosferatu1001

None. Set aside with consent is the ideal. But you were told to start this process long ago. The hotel would never be able to remove a CCJ, as they are not a party to the claim. You had a duty to act promptly, and you are in danger of not meeting that requirement. 

Coupon-mad

However, if PE agree to a with consent CCJ, are they not likely to ask for full payment of the award with costs?

We don't know till the OP emails and asks if they will consent to set aside, which is the first logical step, to try to resolve it all at minimal cost (not offering to pay!):

enforcement@parkingeye.co.uk

Maybe P/Eye will offer to settle for £60, and the Hotel might be prepared to pay it for the OP...this is worth exploring quickly with P/Eye.  They don't always ask for the full amount to consent to a set aside.  Maybe under these circs P/Eye might consent to set aside and rewind the case to defence stage, with no payment needed.  Who knows? Worth asking.

To the OP, your proposed email looks perfectly good.  I would just add that the Hotel Manager was DISAPPOINTED to find she had no power to cancel it and that she would have done, had the PCN been known about, and the reason it wasn't was because (what - wrong address used - NO? - if not, then the family being busy or distracted by a key time in life, children, older relative needing care - what?).

Ask P/Eye on what basis they are prepared to do this to resolve the dispute and/or to allow a set aside hearing to take place at the lower fee of £100 'with consent'.  If you are a keyworker, tell P/Eye that as well and how much unnecessary distress this has caused and how the Hotel were upset that it had happened at all.

bobsy31

Coupon-mad said:

However, if PE agree to a with consent CCJ, are they not likely to ask for full payment of the award with costs?

We don't know till the OP emails and asks if they will consent to set aside, which is the first logical step, to try to resolve it all at minimal cost (not offering to pay!):

enforcement@parkingeye.co.uk

Maybe P/Eye will offer to settle for £60, and the Hotel might be prepared to pay it for the OP...this is worth exploring quickly with P/Eye.  They don't always ask for the full amount to consent to a set aside.  Maybe under these circs P/Eye might consent to set aside and rewind the case to defence stage, with no payment needed.  Who knows? Worth asking.

To the OP, your proposed email looks perfectly good.  I would just add that the Hotel Manager was DISAPPOINTED to find she had no power to cancel it and that she would have done, had the PCN been known about, and the reason it wasn't was because (what - wrong address used - NO? - if not, then the family being busy or distracted by a key time in life, children, older relative needing care - what?).

Ask P/Eye on what basis they are prepared to do this to resolve the dispute and/or to allow a set aside hearing to take place at the lower fee of £100 'with consent'.  If you are a keyworker, tell P/Eye that as well and how much unnecessary distress this has caused and how the Hotel were upset that it had happened at all.

Thank you.

Will tweak and incorporate your suggestions into my email. Will think of my 'because.....' statement too.

bobsy31

Morning everyone - thank you for all your contributions so far.
I sent an email to PE this weekend just gone, incorporating the suggestions from the threads. I added a receipt as proof of my legitimacy of being there. 
I didn't put a 'pls reply by x days' in there, which in hindsight I wish I had.
My question is, do I go ahead and contact the courts now too (conscious it's been 3 weeks or so since the letter*), or wait a couple more days / until I get a reply?
Anything else I should be doing?

Thanks

*I know 3 weeks sounds like a long, it was only last week I got confirmation from the hotel that the debt had been transferred from dcbl back to PE. 

nosferatu1001

The debt was never "with" DCBL, and your duty to act promptly is in severe trouble of eing found to be absent. 
You were told, back when this started, not to wait too long.
You can only "contact the court" by filing an N244; have you completed all of the docuemtns necessary to support it? You have had three weeks, so you must by now have
- witness statement
- draft order
- evidence to support WS
- draft defence. 
If no, then get going...

Coupon-mad

Why not forward your email again and say you are following up because your attempts to obtain a set aside by consent have clearly fallen on deaf ears, so you will now apply at a fee cost of £255, that you will ask the court to order to be refunded by ParkingEye.  Give them 48 hours to respond in order to minimise the N244 cost and if you do not get a satisfactory response then you will be applying to the court on Friday.

bobsy31

Coupon-mad said:

Why not forward your email again and say you are following up because your attempts to obtain a set aside by consent have clearly fallen on deaf ears, so you will now apply at a fee cost of £255, that you will ask the court to order to be refunded by ParkingEye.  Give them 48 hours to respond in order to minimise the N244 cost and if you do not get a satisfactory response then you will be applying to the court on Friday.

Thanks for the suggestion. I will send another email citing:
 
"As a follow up to my email, if I do not hear back in the next 48 hours, then I will be completing an N244 form and apply to the courts, and to request the costs to be passed to you. I have provided clear proof of me being there legitimately in the form of my receipt, as well as my reasons to set-aside.
Awaiting your reply with a satisfactory resolution."

Does that sound ok?

bobsy31

nosferatu1001 said:

The debt was never "with" DCBL, and your duty to act promptly is in severe trouble of eing found to be absent. 
You were told, back when this started, not to wait too long.
You can only "contact the court" by filing an N244; have you completed all of the docuemtns necessary to support it? You have had three weeks, so you must by now have
- witness statement
- draft order
- evidence to support WS
- draft defence. 
If no, then get going...

I have my receipt for when I was there. I can get a witness in the form of who I was therewith. I have written a draft defence, which I shared with PE.
The suggestions reading back was to contact PE first which I have done. So you are saying I should contact PE as well as fill out the N244 at the same time?
I will do that now.

Coupon-mad

Yes you need to be sure they are not going to consent, before you spend £255.