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DCBLegal

Hi Guys,

I have received my Letter of Claim from DCBLegal working on behalf of Highview Parking. Dated on 5th October 2021, I have submitted the SAR to both Highview and DCBLegal acting as only the registered keeper. I have also popped the case on hold for 30 days so I can build a case as I seek debt advice but deny any debt as per the Newbies thread 

The ticket was for an overstay in a McDonald’s car park in Chaul end lane, Luton to which I was a customer, I have reached out to the land owner to which I have received no response, I have provided sufficient evidence to prove I was a customer at this time. Long story short I wasn’t feeling to great after a night job so got some food, didn’t eat it and fell asleep. Woke up 3 hours later… expensive McDonald’s 

There was no loss of earnings as a result of me overstaying and I highly doubt the space cost £170, I just didn’t feel like I should respond to the debt collectors demands and now I’m at this stage.

Apparently this cost is made up of the £120 charge and debt recovery costs 

Any advice is greatly appreciated 


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Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    edited 3 November 2021 at 8:40AM
    The newbies FAQ sticky thread near the top of the forum in announcements tells you all that you need to know , please study it

    You need to continue with plan A , because failure of plan A means a court claim pack from the CCBC in Northampton is imminent !

    Read all the Highview claim threads we had around 6 months ago , see what their Defence was like , plus any recent ones too , like this one from Pally86 

    https://forums.moneysavingexpert.com/discussion/6305464/dcbl-highview-ccbc-claim-form-relating-to-3-year-old-alleged-contravention/p1

    By reading other people's work , your Defence is almost already written


  • D_P_Dance
    D_P_Dance Posts: 11,502 Forumite
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    Apparently this cost is made up of the £120 charge and debt recovery costs 

    They have added what appears to be an extra unlawful amount  for debt collection. Judges have dismissed an entire claim because of this. Read this and complain to your MP.

    Excel v Wilkinson


    At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.
    https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0
    Also read this
    https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

    You never know how far you can go until you go too far.
  • I notified them of a change of address on the 21/10/2021, I have today found out that they sent all letters to my old address including my LBC and Court Date which I have now missed and consequently a CCJ has been placed in my name. I found this during a search on Credit Karma on the 5th May.

    is there any point defending this now or should I just suck this up? 

    Can I use the change of address to my advantage and set this aside and defend? 
  • Umkomaas
    Umkomaas Posts: 41,308 Forumite
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    or should I just suck this up? 
    Paying now won't particularly help your credit rating. 
    Can I use the change of address to my advantage and set this aside and defend? 
    Definitely the way to go if you want to try to get this rolled back to a point where you can defend the original charge.  Please see the NEWBIES FAQ Announcement, second post, which details how to make a set aside application. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 131,165 Forumite
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    Set it aside and get your court fee paid back by the unreasonable claimant .  Follow the worked examples in the threads by @Cyclegirl1968 and @Jack5656
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  •  Coupon-mad said:
    Set it aside and get your court fee paid back by the unreasonable claimant .  Follow the worked examples in the threads by @Cyclegirl1968 and @Jack5656
    I will be phoning the CCBC Monday to confirm where the CCJ was served as I have received no court pack to my new address thus it’s been default settled, do you know if I have to pay the £275 up front or can I state that I want this transferred to the claimant? 
  • Le_Kirk
    Le_Kirk Posts: 22,234 Forumite
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    If you submit a N244 form and witness statement along with a Draft Order (in Word) you will have to pay the fee in order for it to be put in front of a judge or have a hearing.
  • Coupon-mad
    Coupon-mad Posts: 131,165 Forumite
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    Indeed, some young court clerk can't decide that the claimant has to pay your fee! It's one of the things you ask the Judge to order.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hi Team!
    Just got back from my Holiday, spoke to the CBCC team today, and drafted the below WS based on the two I was forwarded.
    Please can someone report back on anything they would amend? I am responding within 30 days of the default judgment and I don't know how this could affect things moving forward.

    I want to make this rock solid so that it is "SET ASIDE" and if they open a new case we can defend.

    WITNESS STATEMENT OF DEFENDANT

    1.         I am xxxx of xxxxx, and I am the Defendant against whom this claim is made. The facts are true to the best of my belief and my account has been prepared based upon my own knowledge.


    2.         This is my supporting statement to my application dated xxx May 2022 requesting to:

     

    a. Set aside the default judgment dated xxx May 2022 as it was not properly served at my current address.

    b. Order for the original claim to be dismissed.

    c. Order for the Claimant to pay the Defendant £275 as reimbursement for the set-aside fee.

    Default Judgement

    3.         I was the registered keeper of the vehicle at the time of the alleged offence.


    4.         I understand that the Claimant obtained a Default Judgment against me as the Defendant on xxx May 2022. I am aware that the Claimant is High View Parking Ltd via DCBLegal and that the assumed claim is in respect of an unpaid Parking Charge Notice.

     

    5.          The county court claim form was served to a previous address, and I thus was not aware of the Default Judgment until xxx May 2022 following a notification on Credit Karma after a routine credit check


    6.         The address on the claim is xxxxxx (My Parents Address) I moved to a new address xxxx on xxx March 2021 in support of this please see my mortgage offer, council tax bill, utility bill; DVLA Receipt of Change (Annex A). I also attach a mail redirect/forwarding notification from Royal Mail as my parents also departed xxxxx in xxxx September 2021, the forwarding notification expired on xxxx March 2022 (Annex B)

     

    7.         I notified DCBLegal that I am seeking a SAR request alongside any signage following their Letter of Claim so that I could begin any defense should this be required and also made sure that I informed them that they are contacting my previous address and notified them of my new address on the xxxx October 2021, they responded on xxxx November 2021 with the SAR which highlighted my new address. (Annex C)

     

    8.         I never had any further notification or contact from High View Parking or DCBLegal since the xxxx November 2021


    9.       In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

    The Sequence of Recent Events

    10.       On xxx May 2022 I checked my credit rating and found a CCJ dated xxx May 2022 had been lodged onto my credit file.


    11.       On xx May 2022 I contacted the County Court Business Centre to obtain relevant information relating to this default judgment. I was informed by xxxx, the Case ID relates to a parking charge in xxxx on xxx November 2019 by Highview Parking against vehicle registration xxxxxx

     

    12.       On 16th May 2022 I tried to phone the Claimant, High View Parkling Ltd and DCBLegal, to advise I will ask the court to set aside this default judgment as they sent the notification of court proceedings to a previous address. Did not get an answer so resulted in emailing instead.

     

    13.       On 16th May 2022, I confirmed at I had completed the online change of address form on the DVLA website and provide confirmation that this application was made on the xxx November 2021. I updated the DVLA and sent them my new address once permanently residing/moving following a period of renovation at my new property.

     

    14.       The DVLA advised in a phone call on 16th May 2022 that it was usual for an address update to take 4 weeks from receipt of the V5C Online notification. The DVLA advise their records show they issued a revised V5C with my new address on xx November 2021. This proves the Defendant acted to notify the DVLA of a new address and it is both unfortunate and a failure of the process that DCBLegal did not undertake another search as recommended by the BPA Code prior to issuing their Court Claim


    15.       On 16th May 2022 I submitted my case to set aside this judgment and fairly present my case.


    16.       I believe the Claimant has behaved unreasonably in pursuing a County Court claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim.

     

    17.       On that basis, I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address that the Defendant no longer resides. The Claimant did not take reasonable steps to ascertain the address of my current residence despite having the correct address on file. This has led to the claim being incorrectly served to an old address and an irregular judgment.

     

    18.       Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered.  Given that CPR 6.9 (3) was not met, CPR 13.2 applies and the CCJ should be set aside.

     

    19.       The Defendant was 'there to be found' and even provided the updated address following a SAR Request (Annex C), removing any need for an Experian trace or similar very inexpensive and immediate credit reference agency address check. I would then have been notified of this judgment and could have taken action to prevent it / defend it.

     

    20.       The Defendant has no details of this claim, therefore, if the Claimant believes there is a cause of action, then the correct procedure would be to file a claim afresh and to the right address, after furnishing the Defendant with the information required under the pre-action protocol for debt claims, issued this time to the correct address for service for this Defendant, which is xxxxxxx


    21.       According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.


    22.       Furthermore, Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016.

     

    23.       The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses." The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.” Furtherance to points raised in 1.3 above.

     

    24.       In the alternative, CPR 13.3 applies and there are very good reasons to set aside this exaggerated claim, which includes a disproportionate and indeed, false 'debt recovery' sum.  In fact, no debt recovery occurred nor cost the Claimant any money whatsoever, in addition to £100 parking charge.  The Government has described the false fixed 'fee' of £70 as 'designed to extort money from motorists' in the new statutory Code of Practice this February and has banned it.  The Defendant has good prospects of defending a claim, if served with one, but has seen no evidence, basis nor particulars of claim and the Claimant should be required to file afresh, if they believe they have a cause of action. 

    25.       Considering the above I was unable to defend this claim. I believe that the Default Judgment against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £275 from the Claimant should this request be successful.

     

    Statement of Truth

    I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

     

    “SIGNED AND DATED”

  • Coupon-mad
    Coupon-mad Posts: 131,165 Forumite
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    edited 16 May 2022 at 7:41PM
    I'd remove this entire wording to make a more concise point as to when you told DCBLegal your new address:
     "that I am seeking a SAR request alongside any signage following their Letter of Claim so that I could begin any defense should this be required and also made sure that I informed them that they are contacting my previous address and notified them"

    ...plus remove 13 and 14 as you don't need to explain (in your case) about when you changed your data with the DVLA.  The point is the Claimant had the right address and failed to erase the old one in 2021. Due to that data failure, the claim was improperly served.

    I would add a quote from the applicable Code of Practice, where it says AOS members MUST check details before suing.  They are in breach of their code and all they had to do was look at your last correspondence which was an address rectification and SAR, so (by definition and by duty) it went to their Data Protection Officer!

    I would make the part where you ask the court to order your £275 back, more robust and remind the court that it must be 'wholly unreasonable conduct' to ignore an address data rectification instruction they acknowledged in 2021 and to issue a roboclaim to the old address.

    This conduct was not only in breach of the claimant's obligations under their Trade Body Code of Practice but DCBLegal themselves are in breach of the Solicitors Regulation Authority 'STaRs' (professional standards) and both stand in breach of the Data Protection Act 2018 (the data protection principles have been flagrantly breached).  This is an offence subject to a possible fine and the facts will be reported to the Information Commissioners Office as well as the SRA.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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