DCBL legal CCJ saga (case won)

Coupon-mad

Yes, your argument is that you are one 'data subject' and the fact that you were in contact with DCBL (any arm of their organisation) about a similar matter involving the same data subject (and same car?) means unequivocally that a little bit of due diligence with joining the dots and updating all data they were processing woudl have avoided the problem of the wrong address. 

And given that a Claimant is required to take steps to ascertain the correct address for a potential Defendant if there is reason to believe (from silence) that the person no longer lives at the old DVLA address, DCBL could have easily checked their own database for you and found you.  Or they should have at the very least, done a trace (Experian costs from 28p per unit I believe, for a trace).

It's not as if the MoJ and Parking industry don't know that this sector is the main cause of CCJs to wrong addresses and need to do more to address the issue:

 https://www.gov.uk/government/news/action-to-make-the-process-fairer-on-debt-rulings

 https://consult.justice.gov.uk/digital-communications/default-county-court-judgments-2/supporting_documents/defaultcountycourtjudgmentsconsultation.pdf

The words 'parking' and 'deliberate' feature heavily if you search (control & f) for those words.

Jsalomonuk

 while it wasn't the same car it was the one I owned just before that was written off in an accident and registered to the old address therefore DCBL MUST have initiated a trace to get my correct address to contact me during the same period they claim they were getting my old address

Coupon-mad

Then that is what you say.

Johnersh

It's very simple - if the documents aren't responded to, there's a good probability that you'd moved, so they ought to have properly searched for a correct address. That onus is always on the Claimant. 

You were there to be found and easily found, in fact on their own database. The whole situation regarding service could have been avoided.

Jsalomonuk

Hi thank you to everyone that gave me advice, The judge agreed with all my points, the claim was stuck out and the CCJ set aside and DCBL to pay my costs, 
They did state during the hearing that Terry szmit will bring fresh proceedings against me, So I will start a fresh post when that happens. 

95Rollers

Excellent result. I hope DCBL were hit with hefty costs. 

Umkomaas

Well done. When you've gathered your breath, can you please give us a court report with all the details. There are other Terry Szmidt cases around and for them knowing how this unfolded will be very beneficial to those defendants. 

Great stuff. 👍🥂

beamerguy

Jsalomonuk said:

Hi thank you to everyone that gave me advice, The judge agreed with all my points, the claim was stuck out and the CCJ set aside and DCBL to pay my costs, 
They did state during the hearing that Terry szmit will bring fresh proceedings against me, So I will start a fresh post when that happens. 

Well done, killed two birds at once.

As the judge agreed with all your points, DCBL would be plain stupid to have another go ... but, as they seem to be vindictive, if they do it will be a double whammy against them and anther double whammy for costs

There is no doubt that DCBL are following in the tracks of BWLegal ..... a history not to be envied ?

When you receive the court judgment could you please post it on here so I can put it in the abuse of process page

And, could you please post your win here ... thanks
DCBL letters ... forum group thread
https://forums.moneysavingexpert.com/discussion/6237177/dcbl-letters-forum-group-thread#latest
 
So, DCBL got a slapping ...... more will follow ?

Johnersh

Hope @Jsalomonuk got costs as the claimants witness statement was egregious in trying to justify the bringing of the claim by the wrong defendant.

Pleased too that the DJ struck out, which had to be right in the circumstances. 

henrik777

 and DCBL to pay my costs, 

Costs awarded @Johnersh