CCJ old address for PCN's Partner received-need set aside & removed from credit file ASAP

IrishAK

Redx said:

thay are, they are trying a drop hands offer , IMHO , to get out of paying your costs etc , plus they wouldnt be paying for a hearing, because that court order asked the parties to try and negotiate a settlement

you want a settlement that refunds your costs at the very least !! surely ?

D J Grand has already set aside the CCJ , so nothing to pay unless it went to a hearing and you lost

I am concerned that if I don't accept judge might see it as greedy, but of course, I would love the £255 to be refunded (but appears that would only happen if they didn't proceed with the hearing. ? or can I apply for the n244 cost £255 at this hearing  IF I won?  on all the examples of costs I haven't seen that included? 

Coupon-mad

I don't think the Southampton Judges would see YOU as greedy!  They know about the industry and where the greed lies.  Ignore this desperate attempt to save themselves money at a court where they know BW Legal and Britannia are sussed by the Judges.  If this is really a non-POFA PCN then if you were not driving, no Southampton Judge will miss that if you take them to the points in Schedule 4 that are missing (9(2)f for starters).

can I apply for the n244 cost £255 at this hearing  IF I won?  on all the examples of costs I haven't seen that included? 

Yes.  It goes on a costs assessment, plus any printing, postage and cost of attending two hearings if that results in half a day's loss of leave or salary or earnings.

There is a good example of a WS by @jryhs (shows you what the whole bundle looks like) but he has a blurry copy of Excel v Wilkinson and doesn't have the new transcript from Recorder Cohen QC's decision

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcript-exhibits-re-parking-firms-falsely-added-contractual-costs/p1

Both transcripts together work well.  Don't ask for the claim to be struck out.  If DJ Grand was going to, he would have done.

IrishAK

Update recived this today

We refer to the above matter.

 

We enclose by way of service our client’s Notice of Discontinuance, a copy of which has been filed at court.

 

We confirm that having discontinued the legal claim, we are instructed not to pursue the debt and our file shall be closed immediately.

 

Yours sincerely

 

YAY!! thank you all so much. 

So now no hearing, I presume no need to submit docs? 

But can I still claim my costs? Do I need to file a different form?

KeithP

That's sort of good to hear, but you are £255.00 down at the moment, aren't you?

Coupon-mad

Write to Judge Grand with a copy of that letter and DJ Grand’s earlier Order and ask for your set aside costs to be ordered against the Claimant please.  Attach proof of paying £255 in case he thinks you only paid £100.

IrishAK

Can I apply for the 

Research, preparation and drafting documents (16 hours at Litigant in Person rate of £19 per hour): £304

as I had done this for the N244 and prep for this case ? 

Coupon-mad said:

  Attach proof of paying £255 in case he thinks you only paid £100.

I paid over the phone, but think I have it on my bank statement, if that would do. 

When you say write to him, sorry for my ignorance but would I just address it Southampton court and attention of Judge grand? could I do the same via email? 

Coupon-mad

Do it by email for his attention but I can’t see you getting other costs due to a discontinuance unless you get lucky. But try for the £255 and attach a bank statement as proof. 

Now there is an important task to do in August: 

The final Government Consultation into the level of parking charges, discounts, false ‘debt recovery add-ons’ (that no PPC actually pays)...

...and the Appeals Charter - that should IMHO result in full cancellations not enrich the PPCs by £20 or more because it would just encourage spurious PCNs that should never be issued...

... is now open!

See separate thread:

https://forums.moneysavingexpert.com/discussion/6286801/government-consultation-re-level-of-private-parking-charges-now-open

This forum’s regulars are encouraging email submissions with evidence and photos, letters attached to illustrate what happened to you and why you are answering the way you are.

Please tell your family and friends to encourage colleagues who have had these spurious PCNs and claims to email their evidence to the MHCLG as shown in the Consultation and not just do the tick boxes. 

The Government want evidence - victims must give it to them.  DON’T MISS IT.

IrishAK

KeithP said:

That's sort of good to hear, but you are £255.00 down at the moment, aren't you?

Yes I am, but hopefully, I will do what CM said and DJ Grand seems fair. 

Le_Kirk

IrishAK said:

Update received this today

But can I still claim my costs? Do I need to file a different form?

What did you put on the Draft Order that you sent with your N244 and witness statement?  We normally suggest this: -

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

in which case point that out to the judge in your e-mail.

IrishAK

Thought it was all over.......   Please let me know if I need to start a new post, 
 So after winning and getting CCJ removed, they have sent a letter of claim for a different ticket dated 19/06/2019  so 1 month before statue of limitations? 

I 

I re read the newbie post and sent the template  response from coupon_Mad , then received this response - We write in response to your correspondence received in our office dated 10/06/2025. We now respond to the same as follows. To clarify, this parking charge was issued on 19/06/2019 at the location of Southampton New Road for the reasoning of 'Failed to make a valid payment'. Our Client applied to the DVLA for the details of the Registered Keeper of the Vehicle. Your name and address were provided. Our Client therefore correctly issued correspondence to you at that address. Having not received payment, address verification was carried out prior to the Letter of Claim being sent. Your address was confirmed and as such the Letter of Claim was issued to you at the traced address. Please note that you are pursued on the basis that on the balance of probability, you were the driver of the vehicle as you are the registered Keeper and have not attempted to transfer liability to another driver which any reasonable person would, had they not been the driver concerned in the Parking Charge. As per the attached Notices, you have been granted multiple opportunities to transfer liability if you were not the driver on the date the Parking Charge was issued. Should you wish to transfer liability or nominate another driver, please provide their full name and a servicable address. The amount owed is a genuine pre-estimate of the losses incurred in managing the parking location to ensure compliance with the clearly displayed terms and conditions. However, in Parking Eye Ltd v Beavis, it was found, both at County Court and Court of Appeal level, that appealing a Parking Charge on the basis that the amount is not a genuine pre-estimate of loss is, in fact, not a successful legal defence. In accordance with the British Parking Association (BPA) Code of Practice, where the Parking Charge (PC) becomes overdue and before Court proceedings have commenced, a reasonable sum may be added for the debt recovery fees. The correct recovery fees have been added and will not be removed. As such, the outstanding balance of £170.00 remains payable to prevent further action. The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that parking charge notices falls out of the scope of VAT. In relation to the comments concerning damages, the sum added is a contribution to the actual costs incurred by our Client as a result of your non-payment. Our Client’s employees have spent time and material attempting to recover the debt. This is not our Client’s usual business and the resources could have been better spent in other areas of the business. Had you of paid as per the Contract, there would have been no need for recovery action so the amount due would not have increased.

 

 　

WITHOUT PREJUDICE SAVE AS TO COSTS

  

Our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £100.00 in full and final settlement of this Claim. The current outstanding balance is £170.00.　

　　　

When making payment please ensure you include the following reference number, 120179.14887D, to enable us to allocate it to the correct case.

　　　 

Upon receipt of the settlement sum of £100.00 we will update that this matter has been settled. If you are not agreeable, we will continue to follow the Court process as normal.　

 

You now have 30 days from the date of this email to make payment of £100.00. Failure to make payment may result in a Claim being issued against you without any further reference.

Payment can be made via bank transfer to our designated client account: -

• Account Name: DCB Legal Ltd Client Account
• Sort Code: 20-24-09
• Account Number: 60964441

You must quote the correct case reference (120179.14887D) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

 

We would ask that you kindly furnish us with your most up to date telephone number, this can be emailed to us in response to this email. Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/.

Kind Regards, 

 

Thomas Cummins 

Junior Case Manager 

DCB Legal Ltd  

Just to recap< i was not the driver at the time,  OP was from different legal firm, I  am wondering if I did give them the name after the 19th of June, can they stull peruse the other person? or not as it will have elapsed 6 years?  

if not,  do I now Just wait for court date and start getting defense ready?