CCJ Set Aside Hearing due – claimant One Parking Solution via DCB Legal Ltd

mike58

Thank you for this forum, your collective advice and for helping lay people stand up against the unpleasant practices of some parking companies. Following the advice from the NEWBIE and other posts, my request for a set-aside of CCJ has resulted in a telephone hearing January 17th 2022.

The reason for my post is I have been contacted directly by email by DCB Legal Ltd. They say they have lifted my email address from my set aside request and intend to use it “for service of documents”. Any idea what documents? (It might be handy as there has been no time for me to submit a SAR asking for data the claimant holds).

• My request for CCJ set aside is based on having had no communication relating to that court procedure in April 2021 and the CCJ being recorded against a very old address. The CCJ only came to my attention recently after receiving debt collector letters from DCBL (not DCB Legal) quoting their client as DCB Legal.
• My defence summary in the request for CCJ set aside, relating to the alleged parking infringement in 2017, is threefold – there was no offence; there was no notice to keeper; the claimant took no steps to ensure the address they were using was correct. I was parked in a marked visitor space with a valid visitor parking permit displayed, received no PCN (the windscreen wallet was empty) and no NTK. On receipt of a subsequent debt collector letter (ZZPS) I immediately wrote to the claimant (One Parking Solution) confirming no PCN or NTK received plus confirming my then correct address.

Any idea what documents are to be “serviced” to me? Any other advice gratefully received.

Plus I’ve got to say how gut-wrenching this process is to the lay person. I’m a volunteer public speaker with little if any nerves. But this stuff just gets inside you!

Jenni_D

Any document that would be filed with the court (e.g. Witness Statement) must be served on (formally sent to) the other party. They are informing you that they intend to use your email address to serve such documents - you can reject that suggestion if you wish (so they must serve via post) but there's nothing really to be gained by it. Simply respond to say you accept their request provided that they also accept serving of documents via email (to the address from which they emailed you, or otherwise as they specify).

chanz4

Make sure you get the set as side in quick,, but also in your set aside application quote the cases where judges have thrown out the £60 additional charges. 

chanz4

Our policy is not to accept service by email

Jenni_D

chanz4 said:

Our policy is not to accept service by email

??? Are you quoting from previous experience? If yes then I've already addressed that point in how I suggest the OP should respond.

Coupon-mad

If you email a SAR to OPS today they are likely to reply next week.  They are quite quick on SAR replies.

Which car park is it about?  One of the BHCC housing car parks, or where?

KeithP

chanz4 said:

Our policy is not to accept service by email

Who is 'our' in this context and why should the OP be concerned about 'our policy'?

mike58

Thank you Jenni_D and chanz4 on the document 'servicing'. I'll keep that two-way email channel open with DCB Legal Ltd.

SAR just submitted per your advice Coupon-mad, thanks.

Thanks too KeithP for your follow up.

I owe you all an update post that hearing.

mike58

I forgot to say, Coupon-mad, the visitor parking space was in Rope Tackle in Shoreham. So, nearby to Brighton as you guessed. We were renting for 6 months whilst house hunting. The rental came with the visitor parking permit that was displayed in the vehicle. I am awaiting the SAR outcome to see what photos were taken and whether the permit can be described as obscured.

D_P_Dance

The Claim also includes £60.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice."   

The ATA Code of practice has no legal validity,  

They have added what appears to be an extra unlawful amount for debt collection.

This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and 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

However, VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Also consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

https://www.sra.org.uk/consumers/problems/

mike58

Set Aside Hearing, adjourned from Jan 17th to today, successful. CCJ set aside.

I had put the Claimant "under notice" of my change of address by writing to them at the time of the alleged infringement.

Also important in this hearing was being able to prove notification of change of address to DVLA.

Hope this helps others on this journey.

Now to submit defence to court and Claimant.