DCBI CCJ (£1000+) Set Aside

sophie160207

Hello, I have been reading as many threads as possible over the weekend and today which relate to my issue but I am hoping that, by posting this, I can get more specific advice.

In August 2017, I began letting an apartment which came with an allotted parking space. When I moved in, I was given a permit for that specific space and displayed it from the time I moved in. However, whilst I had a permit, I began to receive parking fines (approx. 12) and it transpired that I had been given the wrong permit for that space. I have 20+ emails back and forth with the letting agency and with the company that managed the carpark. The letting agency said at the time that it was not my fault and I have proof that I displayed my permit (photo evidence). At the time, I emailed the letting agency numerous times to 1. get the correct permit for that space and 2. to resolve the issue of the parking fines. As I was not liable to pay the fines, I passed the matter over to LV and have heard nothing of the incident since February 2018. I also contacted the parking management company who also instructed me to contact the lettings agency.

I received a letter from DCBL in August 2020 telling me I needed to pay £640 in fines for four tickets. My car is registered at my parent’s address and I do not permanently live there. My car is registered at their address because a). I have moved four times since August 2017 and have had several temporary addresses; b). I often leave my car at this address as I now live in London where parking can be tricky. I did not reply to these letters sooner because a). when I received the letter in August, I thought it was a scam and, after reading advice on forums like this, I heeded that advice (admittedly, this was a silly decision); b). my parents do not tend to open my mail as I have electronic bills for my expenses and electronic communication from my bank, etc. Furthermore, due to COVID-19 lockdowns, etc. I have not legally been allowed to go home since September 2020 and therefore haven’t been able to collect any mail from my parents. I am a teacher in London and Wales has been in and out of local lockdowns since autumn.

 This brings me to the issue at hand. I have now received four fines and issued with a CCJ. Obviously, seeing as I heard nothing for well over two years, I was under the impression that the issue had been dealt with by the Lettings agency. My stance is, as it was at the time, that since I was given an incorrect parking permit, I able not liable to the fines. I feel I have good evidence: I have all of my original emails and my previous letting agency today wrote a letter in support of my case.

 I am looking into applying for an aside. However, I am concerned that the judge will not hear my case because I should have updated my address details. Does anyone have any advice for this?

I would greatly appreciate the support. I now have a fine of £1000+ for something I was never in breach of.

Many thanks.

Umkomaas

Were court papers relating to the charges delivered to your parents' address?  If so, why were they not passed to you, especially as you were aware of the escalating nature of the PPC pursuit against you?

1505grandad

Who is the ppc?

sophie160207

Hi both - thank you for your responses.
They were delivered to my parents' address - the letter received in August 2020 was opened and I researched the company. After seeing countless negative reviews on Google reviews and also knowing I had appealed and, as I thought, dealt with them at the time, I believed it was a scam. Plus the initial tickets were from 3 years previously - having heard nothing since then I was wary to pay up.
The PPC is VCS.

sophie160207

I have photographic evidence that I was displaying a permit at the time I was given the original tickets. I also have an email where the letting agency and the management company for the carpark (Urban Owners) who employed VCS to monitor the carpark both state that the permit, which was given to me by the lettings agency, was incorrect as my landlord did not pass on the correct one. Further to this, I have emails from the letting agency saying I am not at fault. I chased this up countless times when the original tickets came through. I have only be sent the 'fines' for four of the parking tickets I was originally given (even thought the total amounted to 12).

nosferatu1001

So you saw a claim form, and ignored it?

sophie160207

The original letter was a Notice of Debt Recovery.

sophie160207

Originally, I didn't ignore the claim - I spent months appealing and have emails back and forth with the company.

nosferatu1001

You stated that a claim form was delivered to your parents address
Is this true or false. 
If true, did you open the claim form? Yes or No
If yes, what did you then do with it!
What we need to do is know what happened to the CLAIM FORM, because if you are going to have a hope in hell of getting a set aside, we need to know this. 

sophie160207

I'm really sorry if I'm not being clear or I'm being confusing. I have been reading about this for the last three days and have so much information in my head that it might not come across clearly.
The letter delivered in August was titled 'Notice of Debt Recovery'.

nosferatu1001

No
we need to know whether you got a claim form or not. That is what matters right now.