DCBL legal CCJ saga (case won)

Jsalomonuk

Hi as recommended by coupon mad I'm making another post about this CCJ.

on 14/12/20 I got a credit alert to say i had a CCJ filed at an old address, I searched the trust, got the details and it was for capital car park ltd with DCBL a named payee.
I have never heard from DCBL legal or capital on this matter.
DCBL legal were acting as debt collector and it would now seem as legal representatives. they wrote to me at my correct address on 30/10/20 about another matter and 03/12/20 to say the matter was closed.
mean while they recommended to capital to pursue me in court at my old address on 07/11/20 
Citizens advice helped me draw up a set aside order I've copied the bulk of which below. I'm waiting a court date

 

Jsalomonuk

My CCJ set aside was as below 

I  seek to set aside the County Court Judgement dated [insert date] because:

 

·         The Claimant, or their legal representatives, should have known that I had moved, and did not try to find my current address or consider another way of sending the claim to me.

·         I have proof that The Claimant, or their legal representatives, knew of my new address before the claim was issued.

·         The Claimant, or their legal representatives, have added an additional sum of £60 to the original £100 parking charge, for which no explanation or justification has been provided. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. Schedule 4 of the Protection Of Freedoms Act, at 4(5), states that the maximum sum which can be recovered is that specified in the Notice to Keeper, which is £100 in this instance. Despite this the Claimant has claimed for £192.54. The Defendant avers that this inflation of the considered amount is a gross abuse of process and an attempt at double recovery by the Claimant, which the Court should not uphold, even in the event that Judgment for Claimant is awarded

 

section 10 of form N244

 

This case refers to a parking fine imposed by Capital Car Parks Ltd which I apparently incurred in London in February 2019. I was not made aware of the fine at the time, and only became aware of it when I was alerted by a warning from a credit reference site on 15 December 2020 that I had an outstanding county court judgement against me, following action taken by DCBL Legal on behalf of Capital Car Parks. I have lived at a number of different addresses since February 2019, and I can only presume that notification of the fine has been sent to incorrect addresses.

 

DCBL Legal contacted me at my correct address on 30 October 2020 on another matter but dropped action on 3 December 2020 (the exchange of correspondence is attached). DCBL Legal were therefore at fault in applying for a county court judgement on 6 November 2020  on the grounds that the February 2019 fine had been unpaid when they knew my correct address but had been pursuing me at an incorrect address. I was thus precluded from dealing with the matter before it went to court, and from defending myself in court.

Jsalomonuk

I was send the following this morning, note that no photo of my vehicle , sign or notice to keeper were encloses just the order.

nosferatu1001

Are you happy to pay? It will cost you nearly £400
Their consent order is rubbish. There was an automatic set aside here, but theyre hiding it by not citing CPR13.2

Jsalomonuk

I'm not happy to pay no, while I primarily am concerned with my credit rating which I've worked hard to maintain, I'm not paying £400 to those crooks !! As I mentioned in my other post I'm disabled and have issues with this kind of stuff but I'm not willing to be bullied by them, I'm right to ignore this and go to court ?

nosferatu1001

In which case, do you get help with fees? If so you dont have to pay anything for the set aside
You need to check up on this - simple form to fill out. 
It goes to court either way; in a contested set aside there is a hearing. With CONSENT there is no hearing

Le_Kirk

You can go to court with a set-aside without consent but that will cost you £255, whereas the set-aide with consent is only £100.  Of course, you are being asked to pay the original speculative invoice (commonly misreferred to as a fine) as well.  If you go down the "without consent" route, how confident are you that you can successfully defend the underlying claim?  Do you get help with fees, in which case going without consent is a no-brainer.

Jsalomonuk

Hi, so I did have to pay the fee, and it's been transferred to my local court.
I want the original ccj set aside, as it was filed in error, I struggle with this area due to my disability , my understanding is the maximum they can claim I owe them is £100 and that's it, and frankly if that gets ride of a CCJ and closes the matter so be it, but what they are asking for is madness,

nosferatu1001

In which case the consent order is useless; you've already filed your N244
They can claim
£100 max fo ra PCN
£25 to file the claim (fee levied by court)
£50 if they used a solicitor to file the claim on their behalf
As there was no hearing then the usual hearing fee of £25 would only apply IF the claim goes to hearing after a succesful set aside. 

Jsalomonuk

I guess what I'm trying to work out here, is , does it look like my set aside has a reasonable change of success ? If so at that point when the ccj is removed,  Id want to settle it outside court. Which It seems would be for a lot less, than they are trying for now 

Coupon-mad

I guess what I'm trying to work out here, is , does it look like my set aside has a reasonable change of success ?

Yes, these cases pretty much all do, if they didn't bother to trace your address.
And it seems they had it anyway, so should have updated it about another matter, is that right?