Moto-CP Plus / DCBL

Thoreind

So having read without account for months I now had to register thank to DCBL.
Time line:
20/01/2015 - Date of Contravention
30/01/2020 - First letter DCBL, Notice of Debt Recovery (no idea why I didn't get anything prior).
19/02/2020 - 2nd letter DCBL, Pre Enforcement £170

02/03/2020 - Moved house, address redirect setup, V5s changed, electoral role etc. 

24/06/2020 - 3rd letter DCBL Notice of Debt Recovery £170, somehow different contravention date (29/05/2016 and ref, again no other correspondence about it). 
14/07/2020 - 4th letter DCBL, Final Reminder £170

Then a whole lot of nothing until yesterday
28/02/2021 - Notification from Clearscore that a chancellor is going to be added. Upon check CCJ court date 24/02/2021 for the amount of £593 
Issued to my old address (They are aware of my new current one as they have sent correspondence to it). 

Using the newbies thread, ignored the DCBL letter but awaiting court papers to defend it as Moto/CP Plus are useless in doing anything. The manager was not interested in anything (spoken verbally). 

So now I need some advice. I've requested a copy from the County Court via email of the judgement as I obviously don't receive anything. Didn't get court docs, invite, email, phone so out of the blue. As DCBL knows my current address, see letters 2020, is there a good solid case to have it set aside? Or pay up and swallow it within 30 days of ruling to keep credit score clean. 
There may be a chance they merged 2 contraventions into 1 (30/01/2015 and 29/05/2016) but this is speculation until I get a copy of courts. 

nosferatu1001

20/1/15 or 30/1/15? You gave two different dates
Call the CCBC tomorrow and get the complete claim details. You MUST MUST MUST find out the date it was FILED / REQUESTED from teh MCOL system, as that data of the 20/1/2015 is VERY clsoe to a time out under Limitations Act. 6 years
Personally pay up and set aside later. No risk to credit score then. 
£593 is definitely 2 tickets , not one

Thoreind

nosferatu1001 said:

20/1/15 or 30/1/15? You gave two different dates
Call the CCBC tomorrow and get the complete claim details. You MUST MUST MUST find out the date it was FILED / REQUESTED from teh MCOL system, as that data of the 20/1/2015 is VERY clsoe to a time out under Limitations Act. 6 years
Personally pay up and set aside later. No risk to credit score then. 
£593 is definitely 2 tickets , not one

Thank you, will call tomorrow AM and update accordingly 

Thoreind

Call to CCBC
Claim has been filed on 01/02/2021 with DCBL Legal mentioned as solicitor, main claimant CP Plus

From the 1st it was 14 days, as obviously they used my old address where I no longer live it went for judgement on 24th of Feb 2021

CCBC is going to email over the paperwork that's available with set aside form as well.

nosferatu1001

Which tickets have they claimed for? Did they give dates?
Youy must get this sorted, as the filing date of 01.02 is outside of the limitations act IF the date was 20/1/15 OR 30.1.15. 
As such they have knowingly filed a statute barred claim, and so the claim was dead before it was filed. THere can therefore be no service, meaning an automatic set aside under CPR13.2 
But we need those dates. I said they were crtitical, yet we dont have them yet!

Thoreind

To quote email:
Claimant - CP PLUS LTD T/A GROUPNEXUS

CLAIMANT SOLICITORS – DCB LEGAL, DIRECT HOUSE, GREENWOOD DRIVE, MANOR PARK, RUNCORN, WA71UG, REF: 100875.4622D

PARTICULARS OF CLAIM

1. THE DEFENDANT(D) IS INDEBTED TO THE       CLAIMANT(C)  FOR A PARKING CHARGE(S) ISSUED  TO VEHICLE [redacted] AT MOTO PEASE POTTAGE,MOTOPEASE POTTAGE.

2. THE PCN DETAILS ARE        30/01/2015,452150130005,
29/05/2016 2000005993608.

3.THE PCN(S) WAS ISSUED ON    PRIVATE LAND OWNED OR MANAGED BY C. THE      VEHICLE WAS PARKED IN BREACH OF THE TERMS ON CS SIGNS (THE CONTRACT), THUS INCURRING THE  PCN(S).

4. THE DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID NOT (there has been no communication what so ever
D IS LIABLE AS THE DRIVER  OR KEEPER. DESPITE REQUESTS, THE PCN(S) IS   OUTSTANDING. THE CONTRACT ENTITLES C TO      DAMAGES.                                     AND THE CLAIMANT CLAIMS                     
 1. £340 BEING THE TOTAL OF THE PCN(S) AND    DAMAGES.
2. INTEREST AT A RATE OF 8% PER     ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS  ACT 1984 FROM THE DATE HEREOF AT A DAILY RATEOF £0.07 UNTIL JUDGMENT OR SOONER PAYMENT.
3.COSTS AND COURT FEES               

Thoreind

Have just emailed them back to confirm Black on white the filing date as she verbally said 01/02/2021

nosferatu1001

Yeah, so you need to correct your post - the date for ONE is 30.01
I would consider paying, to ensure no CCJ is ever recorded

However as noted above, they are making a simple debt claimn for a statute barred alleged debt. I would be writing to them asking if they consent to a set aside for two reasons
1) they have filed a claim which in part is statue barred. this is fatal for the entire claim, it was dead on arrival 
2) in addition, they have filed a statute barred claim to an address that is not a good address for service, as you moved on x date, they knew on Y date (if you told them!)  that this date was not good, and as they had no communication with you between A and B they should not have filed the claim to that address, but used a tracing service
On 2, please give us a proper timeline as your timeline above is missing crucial info, such as when you communicatyed with them OR their agents last, and on which matter(s)

Thoreind

For some reason unable to edit my original post:

Time line updated:

20/01/2015 - Date of Contravention

30/01/2020 - First letter DCBL, Notice of Debt Recovery (no idea why I didn't get anything prior).

19/02/2020 - 2nd letter DCBL, Pre Enforcement £170

02/03/2020 - Moved house, address redirect setup, V5s changed, electoral role etc. 

24/06/2020 - 1st letter DCBL Notice of Debt Recovery £170, contravention date 29/05/2016

14/07/2020 - 2nd letter DCBL, Final Reminder £170

Then a whole lot of nothing until yesterday

28/02/2021 - Notification from Clearscore that a chancellor is going to be added. Upon check CCJ court date 24/02/2021 for the amount of £593 

Issued to my old address (They are aware of my new current one as they have sent correspondence to it). 

02/03/2021 Called CCBC, confirmed that they are from CP PLUS LTD T/A GROUPNEXUS with solicitors DCBL Legal
Verbally confirmed that it was submitted on 01/02/2021, 14 days to respond. As no response received (all linked to old address it went for judgement on 24/02/2021
---------------
1. With writing to them, I assume CCBC with the N244 form.
2. I've not spoken or replied to anything of them with the exception of the verbal communication with Moto manager (which was in person at the services). Used the newbie thread on that (ignore the scaring letters and wait for actual court docs). 
For the Case 29/05/2016 they have written to me at my current address so they definitely know I live there.

In regards of paying. Do I pay the £593 direct to DCBL and get proof of payment and the £255 to CCBC or everything to CCBC and they do it automatically?

Coupon-mad

You need to send a complaint to MOTO and tell them what their horrific parking firm has done to you.  MOTO are cancelling these but they can't magic away a CCJ.  They need to hear about people with CCJs and take some responsibility for their out of control greedy contractor. And kick them out.

I am not convinced I would pay this huge amount, personally.   I know it avoids the CCJ but it's a massive sum to fork out and we saw a court return a N244 saying there was no CCJ to set aside, in a case where someone paid.

I would try for an uncontested set aside with MOTO paying the £100 fee and telling CP Plus to agree, because they used an old address and MOTO would have cancelled it all along, had CP Plus bothered to check and find your newer address, as they had a duty to do before filing a court claim.

Thoreind

Happy to write to Moto and MP and complain about it all. 

Regarding the set aside can it include a order as well? Have seen them in other threads to reserve the £255 set aside cost till later for repayment to defendant. Could I include the £593 even if it was to be paid to claimant?

Really can't afford to be stung by a CCJ, after finally getting a half decent credit rating, buying a house etc 😅