Very confused, not sure whats going on with a CCJ

teknotel

Hi, with the consent to set aside, what is in it for them again.....?

Do I literally just email DCBL and ask for there consent to set aside and explain I never lived at the address and had full permission to park in the space along with the permit?

Have searched henriks comments, will keep looking I am just nervous I may have left it too long. I sought legal advice as was considering having a solicitor do it for me to save time and guarantee it would be done properly, but they have all said their costs would be in the thousands so it doesn't seem worthwhile.

Thanks.

teknotel

I found a thread where someone had written a quite long letter asking for consent to set aside, so I have just copied it and edited it to suit. 90% of it was talking about cases and procedure so I presume its fine.The unique were similar to my situation so I just edited and added.

I sent it to DCBlegal the company acting on One Parking Solution Ltd. Is this correct or should it have OPS? 

According to my reading here, I wait a few days for a reply, if I dont get one I then fill in the N244 form and pay the costs?

Is this correct?

Also apprantly I was supposed to ask for consent a few days after discovery, but I have left it two weeks because I wanted to seek legal advice.

Will this have a major effect?

Le_Kirk

You need to "act promptly" upon discovering a CCJ; I would suggest two week is prompt.   If you write to the solicitor acting for the PPC, it should get to the PPC but who knows?  Maybe direct to the PPC is the way to go.  When you wrote did you give  time scale for replying?  If so, then act after that time has expired, if not, I would suggest 7-10 days before submitting a "without consent" application.

teknotel

Le_Kirk said:

You need to "act promptly" upon discovering a CCJ; I would suggest two week is prompt.   If you write to the solicitor acting for the PPC, it should get to the PPC but who knows?  Maybe direct to the PPC is the way to go.  When you wrote did you give  time scale for replying?  If so, then act after that time has expired, if not, I would suggest 7-10 days before submitting a "without consent" application.

Thanks Le Kirk, in the end I wrote to both of them and yes I asked for a reply within 3 days.

I will send a follow up reminder in 3 days and then give them a further 4 days. Then I will pay for the set aside and send off my N244.

Sound ok?

Johnersh

So they issued proceedings to the appeal address, but not your usual residential address nor the address the car was registered to? Is that correct? Because that's not good service, I don't think.

The address given for a parking appeal isn't necessarily a service address for the comnenncement of proceedings. 

teknotel

Johnersh said:

So they issued proceedings to the appeal address, but not your usual residential address nor the address the car was registered to? Is that correct? Because that's not good service, I don't think.

The address given for a parking appeal isn't necessarily a service address for the comnenncement of proceedings. 

I appealed by email, for some reason I can't really explain I put the address of the property I own on this email, however I lived at a different property I was renting.

The property I was renting and residing at was where my vehicle was registered and what would show for me on the electoral roll. As far as I am aware nothing was sent to here.

I only did a SAR with OPS, they passed it on to ZZPS and DCBL. I dont know where those two companies sent anything to if I am being honest, I am assuming at the address I owned same as OPS did as I never recieved anything anywhere else.

teknotel

OPS have already responded.

Dear ***,

 

Thank you for your email.

 

Multiple letters were sent before proceedings, I can see that you had a subject access request that was responded to and that outlines all the details of the PCN.  The charge has now escalated to our debt recovery DCBL.

 

You will now need to contact them, I have provided the link with the details of how to contact them.

 

https://dcbltd.com/contact/

Coupon-mad

OK so dig out the SAR you already had; you didn't need a second one.

teknotel

Coupon-mad said:

OK so dig out the SAR you already had; you didn't need a second one.

I have the SAR from OPS. So I dont need one from the legal teams they passed the matter on to? I dont have the court summons etc.

I have given them a week now, OPS have responded as above and nothing from DCBL.

Can I now fill out the set aside form and pay the fee?

Coupon-mad

Yes you should because you are required to act promptly. 

See what @Johnersh said above (he is a solicitor) and then click on his username and find his reply this past weekend about the argument that a claim that was defectively served more than 4 months ago(?) is a dead claim that must be struck out.