CCJ - First Parking LLP/DCB Legal unaware until I saw it on my credit record

Princessrosie1

Hello. Sorry about the long post, but  I have looked through quite a lot of post on here  but cannot find a case exactly like mine so don't know how to proceed.

I am a member of MSE credit club and check  my credit file regularly.  On 15 March I found that my credit score had dipped because of a CCJ made against me on 4 March 2021 but I have received no parking charge notice, no letters, no telephone calls, no notice of hearing, no particulars of claim and not even the CCJ itself. It was only when I rang Northampton Court that I found out that the CCJ was issued by DCB Legal on behalf of First Parking LLP.  However they couldn't confirm the address claim was sent to "because they don't keep records". I have lived at my current address since 2019 and my address is correct on the V5C certificate. 

I've contacted DCB Legal to tell them I knew nothing about the case until I saw the CCJ on my credit record and asked them for a copy of the PCN and photographic evidence, a copy of the particulars of claim and copies of correspondence they or First Parking LLP have sent me about this parking charge notice but they refused saying they are not obliged to do so as judgment had been passed and I should pay £269 or they will enforce.

The Court has told me the particulars of claim are as follows
  "THE DEFENDANT(D) IS INDEBTED TO THE CLAIMANT © FOR A PARKING CHARGE(S) ISSUED TO VEHICLE [my car registration number] AT ST GEORGE WHARF ST GEORGE WHARF 2. THE PCN DETAILS ARE 08/03/2020,××××××× 3.THE PCN(S) WAS ISSUED ON PRIVATE LAND OWNED OR MANAGED BY C.THE VEHICLE WAS PARKED IN BREACH OF THE TERMSON CS SIGNS (THE CONTRACT), THUS INCURRING THE PCN(S).4. THE DRIVER AGREED TO PAY WITHIN28 DAYS BUT DID NOT. 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. £160 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 £0.04 UNTIL JUDGMENT OR SOONER PAYMENT. 3.COSTS AND COURT FEES"

I don't know the location they say this parking offence took place and my other half who I share the car with doesn't either. Neither of us recall parking there and having made enquiries of St George Wharf (posh residential apartments in London Vauxhall) I know for certain I have not been there.  I think this might be a scam.   I can believe one letter might have gone missing in the post as we have been having issues with the post since lockdown but I find it hard to believe that all their post has gone missing including the claim form from the Court and the CCJ itself.  I suspect no letters were sent in the post and that they just went straight to court and used an incorrect address in the claim form which is why I never received anything from the Court.   I think they are relying on people not finding out about the CCJs for a while  so the money will go up and then they can send baliffs round to collect huge amounts of made up fees .   Its only thanks to MSE Credit Club that I was able to discover the CCJ within days of it going on my credit record.  
  
I want to apply to get the CCJ set aside as I had no knowledge of the matter until few days ago but I'm hindered by DCB's refusal to give me any details.  All I know is what the Court has told me.  I am trying to put together a SAR to First Parking LLP which I will send off tomorrow but in the meantime need help about what to  say in form 244 about why the case should be set aside.   Can anyone give me some guidance please.    I am 100% sure I have never been to St George Wharf but am slightly worried that I might fail to get the judgment set aside and still end up having to pay the initial £269 and also also lose the £255 Court fees. 

Coupon-mad

You just copy from the example set aside cases in the NEWBIES thread.  That section in post #2 of the NEWBIES tells you what to put.

Umkomaas

my address is correct on the V5C certificate. 

Did you change that with the DVLA just around or just after the date of the parking event?  I think on the V5C there is a date of update showing. 

Fruitcake

The SAR will flush out the original NTKs, which in turn will show what address the scammers used. This wouldn't be the first time that the scammers have sent stuff to the wrong address, meaning the claim was not properly served.

Include proof of ID such as a copy of the V5C. Never send photo ID. Double check that the address on your document is correct. Don't just do it from memory.

blackdog2220

It was only when I rang Northampton Court that I found out that the CCJ was issued by DCB Legal on behalf of First Parking LLP.  However they couldn't confirm the address claim was sent to "because they don't keep records".

how strange , well maybe not , because other people are saying that notthampton are now saying they do not seld out the default notice either 
if they accept that you have got a ccj , and you can provide basic details (if nessesarry adding old address" then surely they can state to which address the claim was sent to , if this IS THE CASE now , then any person can start a claim , give a fakec address and for £25 know that the person is going to recioeve a ccj and suffer , as well as which they will have to pay £255 , blindly 

blackdog2220

yes this would be DCBL who would have issued the court claim 
however I think a sar ON both companies might be fruitful , as dcbl would be acting on info from first parking 
I have lived at my current address since 2019 and my address is correct on the V5C certificate. 
THE PCN DETAILS ARE 08/03/2020, and the ccj default was  4 March 2021  , this seems a VERY short time between the ticket and the CC claim 
you state you v5 is correct and is dated (docref) some time in 2019 and yet the incident happened in 2020 

something funny is going on , please check your v5 for mistakes , however saying that , it would not have arrived thru your door if there were mistakes 

you need to send sar to DCBL (correct one) and to first parking , you also need to contact the court again as they DO keep records , and it would be very easy to send you a copy or to read out the address , they have got records , as they read out your particulars of claim from them , also ask them if the defailt notice was posted out , the address and the date , IF you get a reply (we have heard before) "we no longer post out default notices , reply back , in which case the claim is not complete untill a default notice has been posted to my address 

Princessrosie1

blackdog2220 said:

It was only when I rang Northampton Court that I found out that the CCJ was issued by DCB Legal on behalf of First Parking LLP.  However they couldn't confirm the address claim was sent to "because they don't keep records".

how strange , well maybe not , because other people are saying that notthampton are now saying they do not seld out the default notice either 
if they accept that you have got a ccj , and you can provide basic details (if nessesarry adding old address" then surely they can state to which address the claim was sent to , if this IS THE CASE now , then any person can start a claim , give a fakec address and for £25 know that the person is going to recioeve a ccj and suffer , as well as which they will have to pay £255 , blindly 

I made this point to them as well.  The guy on the phone said yes that was possible but unfortunately they don't make the law. 

Umkomaas

Princessrosie1 said:

blackdog2220 said:

It was only when I rang Northampton Court that I found out that the CCJ was issued by DCB Legal on behalf of First Parking LLP.  However they couldn't confirm the address claim was sent to "because they don't keep records".

how strange , well maybe not , because other people are saying that notthampton are now saying they do not seld out the default notice either 
if they accept that you have got a ccj , and you can provide basic details (if nessesarry adding old address" then surely they can state to which address the claim was sent to , if this IS THE CASE now , then any person can start a claim , give a fakec address and for £25 know that the person is going to recioeve a ccj and suffer , as well as which they will have to pay £255 , blindly 

I made this point to them as well.  The guy on the phone said yes that was possible but unfortunately they don't make the law. 

I bet he's their Health and Safety rep!

Princessrosie1

DCB Legal have now emailed me a copy of the NTK, claim form and Judgment, none of which was ever received by post.  They all have my correct home address so it is a mystery why none have been received.  There are two photographs  on the NTK but the number plate is not clear.  Offence alleged to have happened  between 2 am and 4 am on 8 March 2020 at St George Wharf Car park (still don't know where this is) and NTK was dated 10 March 2020.  I have now asked DCB Legal for the full post code of the car park. This is so that my partner can check and be absolutely certain about whether or not he was ever there before I make the claim to set aside. 

My questions now are:
1. How can I get to see video footage to check for sure whether the car number plate is my car or not?
2. Now I know for sure that even if it was my car, I was not driving (2 am to 4 am), can I get First Parking LLP to agree to set aside the judgement in exchange for me giving them my partner's details? I don't mind paying the £100 fee, it certainly beats the £269 now being claimed.  
3. If they don't agree by consent, will I be able to get the £255 court fee back  from them, as  I never received the NTK to be able to tell them who was driving. 
 

Princessrosie1

Also is it possible for First Parking to have got my details from DVLA within 2 days? It looks like this is a caught on camera ticket, not a paper ticket.  

Umkomaas

Princessrosie1 said:

DCB Legal have now emailed me a copy of the NTK, claim form and Judgment, none of which was ever received by post.  They all have my correct home address so it is a mystery why none have been received.  There are two photographs  on the NTK but the number plate is not clear.  Offence alleged to have happened  between 2 am and 4 am on 8 March 2020 at St George Wharf Car park (still don't know where this is) and NTK was dated 10 March 2020.  I have now asked DCB Legal for the full post code of the car park. This is so that my partner can check and be absolutely certain about whether or not he was ever there before I make the claim to set aside. 

My questions now are:
1. How can I get to see video footage to check for sure whether the car number plate is my car or not?
2. Now I know for sure that even if it was my car, I was not driving (2 am to 4 am), can I get First Parking LLP to agree to set aside the judgement in exchange for me giving them my partner's details? I don't mind paying the £100 fee, it certainly beats the £269 now being claimed.  
3. If they don't agree by consent, will I be able to get the £255 court fee back  from them, as  I never received the NTK to be able to tell them who was driving. 
 

1. They don't have video footage. And who'd keep 'video footage' from over 12 months ago?  It's a parking ticket, not a murder! They just use ANPR cameras (or even hand-held ones), so you need to look on their website to examine the photos they have of the vehicle. There may be clearer ones there. 

2. Highly unlikely. They've got the judgment in their pocket, they wouldn't want to voluntarily start another pursuit through to a fresh court case to win the same amount as they have judgment for now, possibly less, possibly even lose the case. They won't want to help you!
3. That may be tricky given that the paperwork suggests the correct address was used. You'd need to persuade a Judge of your case, but if you can't, £255 disappears down the pan, on top of the £269 now owing. Rock and a hard place I fear. 

Hopefully @henrik777 (set aside expert) will see the thread and offer some advice.