Very confused, not sure whats going on with a CCJ

teknotel · 14 December 2021 at 9:50PM

Received this today from the legal firm actinf on behalf on One Parking Solution, can any inference be made? I doubt it, but does it say what they may be planning next? I assumed the next people I would hear back from would be the courts.

We note you have provided an email address within your Application. We intend to use it for service of documents (usually in PFD format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise if there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received).

Unless you advise otherwise, we will assume there are not.

Kind Regards,

NAME
Paralegal
DCB Legal Ltd

KeithP · 14 December 2021 at 10:16PM

How about a reply along the lines of...

I have no idea whether there are any limits on formats or file sizes. You are free to use this method of communication but any risks associated with it are yours.

Coupon-mad · 15 December 2021 at 12:09AM

I'd say yes that's OK but only if it is mutual. To save on costs, paperwork and to avoid served documents being said to have gone astray, you want an assurance of the same courtesy so that you can serve your own documents by email too, as is normally the case with these claims now.

teknotel · 21 December 2021 at 12:31AM

Got my hearing date today. Will give you guys some more info this week. Hearing is set for the 2nd of February.

teknotel · 23 December 2021 at 11:59AM

Hi guys, So I mentioned I had my hearing arranged for the 2nd of February. Today I recieved a letter from the solicitors acting on behalf of One Parking Solution Ltd.

Basically saying I allege I didn't recieve the claim form and that I had full owners permission to park there and a valid permit.

Despite this they said they have been told I didn't have a successful appeal, which is because they sent the response to the wrong address.

They are offering me a consent order where I pay £280.26 plus £108.00 consent fee to no longer have this negatively effect my credit score.

I am assuming I refuse this and proceed with the hearing, but do you think this could be an indication of anything or is this just standard practice?

Also I am actually very angry right now, my business has been refused finance this week on a commercial lease hire vehicle because of this CCJ. It is a limited company and I am the sole director.

Is there anyway I can include this and try and sue them for the delay it will cause to my business?

Look forward to any advice, will wait to hear from you before replying, thanks!

Coupon-mad · 23 December 2021 at 3:14PM

You can separately sue them afterwards for actual loss.

They are offering to settle because it's cheaper for them than the contested set aside hearing that their hired guns really are ill-prepared for. And what they have 'offered' there means they'd pay out nothing and would get over £280! No wonder they are trying it and I'm sure some people would be nervous of the hearing and give up and grab that.

Consent to set aside doesn't always work either because Judges still have to agree, only without a hearing. We saw one refused this year as the consent Order the PPC drew up was (deliberately?) badly worded.

IMHO far better to have your hearing as long as you are well prepared and can argue why set aside is mandatory under CPR 13.2 and why using the DVLA-gleaned address to sue a defendant months or years later is never acceptable under any parking code of practice.

Also read up on what @Johnersh has been saying about a claim that was defectively served is 'dead' if more than 4 months have passed. I. e. That if they want to continue with this litigation, that claim has ended and myst be dismissed and they can file a fresh claim (and you could counterclaim). Did you have that and the Boxwood(?) case in your authorities, I can't recall? It's the way to kill the claim as well as the CCJ, if argued well and understood by the Judge.

teknotel · 23 December 2021 at 8:43PM

Am going to read up on making my argument at the hearing nearer the time probably start working on preparation for the hearing two weeks before.

Should I just reply and politely refuse?

Coupon-mad · 23 December 2021 at 11:06PM

Yes and tell them you will seek your full costs at the hearing because their client knows from their Trade Body code and even from the DVLA, that they should use a tracing agency (costs from 29 pence with Experian for bulk traces) before filing a claim and must not presume that old DVLA data is necessarily an address for service of court papers.

teknotel · 22 January 2022 at 2:11PM

Hey guys. My hearing is coming up on the 2nd of February so starting to get ready for it.

DCBL sent me their witness statement two days ago. I was kind of shocked to be honest as it doesn't seem to make any sense.

It is almost like it is a template and they make statements in it that are not even true without any justification.

For example, they say I appealed unsuccesfully, which is true on that occasion, but I did successfully appeal a prior identical charge which what I am referring to, I even provide evidence of it...

They then say they sent all communications to my last know address, which is not true, they started sending all communication to a completely different address there is no explanation for this in their witness statement. They just assert thats what they did, despite their own evidence showing they sent everything from the appeal onwards to a completely different address then they had been communicating with me at.

Are they stupid? Is there a chance the judge doesn't examine the details here himself?

Any advice for or information pages here for what I should expect and have ready at the hearing?

I will post their witness statement in the next comment, thanks for any help in advance.