Ccbc claim help needed for defence.

63realfan

Sasanova said:

hi I managed to ring CCBC following your advice also recorded the conversation, the administrator said the POC was sent to the correct address on 9/12/22 which I never received when I prompted her that her colleague thought it could’ve been as a result of the postal strike her response was I could take it up with the post office!! Now she just emailed me the POC which I enclose below 👇 

Claimant: UK PARKING CONTROL LIMITED

Claimant solicitor: DCB LEGAL LTD 

Telephone: 0203 434 0433

Reference: 101473.60894D

Judgment amount: £ 564.32

Particulars of claim:

 

1. THE DEFENDANT(D) IS INDEBTED TO THE CLAIMANT(C) FOR A PARKING CHARGE(S) ISSUED TO VEHICLE YP62SWW AT MCDONALDS FALLOWFIELD 206,336 WILMSLOW ROAD,FALLOWFIELD,M14 6ZQ MCDONALDS FALLOWFIELD 206,336 WILMSLOW ROAD FALLOWFIELD,M14 6ZQ. 2. THE PCN DETAILS ARE 17/09/2018,9421918262432,26/09/2018 9421918298371. 3.THE PCN(S) WAS ISSUED ON PRIVATE LAND OWNED OR MANAGED BY C. THE VEHICLE WAS PARKED IN BREACH OF THE TERMS ON CS SIGNS (THE CONTRACT), THUS INCURRING THE PCN(S).4. THE DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID NOT. D IS LIABLE AS THE DRIVER OR KEEPER. DESPITE REQUESTS, THE PCN(S) IS OUTSTANDING. THE CONTRACT ENTITLES C TO DAMAGES. AND THE CLAIMANT CLAIMS 1. £320 BEING THE TOTAL OF THE PCN(S) AND DAMAGES. 2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATEOF £0.04 UNTIL JUDGMENT OR SOONER PAYMENT. 3.COSTS AND COURT FEES

One question I have is when I fill the N244 can I use my witness statement from the previous case as it’s almost an identical case to this one?

Apologies to comment on your thread again Sasa, I just noticed upon reading back that the date your POC was sent out was the exact same date mine was sent out and I also am in the same situation with you as haven't received the POC. This must be the same date where the pattern emerges!

Just thought I'd add that as just noticed it!!

Coupon-mad

Sasa, I just noticed upon reading back that the date your POC was sent out was the exact same date mine was sent out and I also am in the same situation with you as haven't received the POC. This must be the same date where the pattern emerges!

I did wonder if all the missing claim forms are from the same day.

Sasanova

Lukeapple63 said:

Sasanova said:

hi I managed to ring CCBC following your advice also recorded the conversation, the administrator said the POC was sent to the correct address on 9/12/22 which I never received when I prompted her that her colleague thought it could’ve been as a result of the postal strike her response was I could take it up with the post office!! Now she just emailed me the POC which I enclose below 👇 

Claimant: UK PARKING CONTROL LIMITED

Claimant solicitor: DCB LEGAL LTD 

Telephone: 0203 434 0433

Reference: 101473.60894D

Judgment amount: £ 564.32

Particulars of claim:

 

1. THE DEFENDANT(D) IS INDEBTED TO THE CLAIMANT(C) FOR A PARKING CHARGE(S) ISSUED TO VEHICLE YP62SWW AT MCDONALDS FALLOWFIELD 206,336 WILMSLOW ROAD,FALLOWFIELD,M14 6ZQ MCDONALDS FALLOWFIELD 206,336 WILMSLOW ROAD FALLOWFIELD,M14 6ZQ. 2. THE PCN DETAILS ARE 17/09/2018,9421918262432,26/09/2018 9421918298371. 3.THE PCN(S) WAS ISSUED ON PRIVATE LAND OWNED OR MANAGED BY C. THE VEHICLE WAS PARKED IN BREACH OF THE TERMS ON CS SIGNS (THE CONTRACT), THUS INCURRING THE PCN(S).4. THE DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID NOT. D IS LIABLE AS THE DRIVER OR KEEPER. DESPITE REQUESTS, THE PCN(S) IS OUTSTANDING. THE CONTRACT ENTITLES C TO DAMAGES. AND THE CLAIMANT CLAIMS 1. £320 BEING THE TOTAL OF THE PCN(S) AND DAMAGES. 2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATEOF £0.04 UNTIL JUDGMENT OR SOONER PAYMENT. 3.COSTS AND COURT FEES

One question I have is when I fill the N244 can I use my witness statement from the previous case as it’s almost an identical case to this one?

Apologies to comment on your thread again Sasa, I just noticed upon reading back that the date your POC was sent out was the exact same date mine was sent out and I also am in the same situation with you as haven't received the POC. This must be the same date where the pattern emerges!

Just thought I'd add that as just noticed it!!

Thanks for that info it comes across as the timing has been deliberate .

Coupon-mad

Is that about the same claim?

When did it get allocated to Stockport from the CCBC?

The entire claim is struck out but without any reason given.  Whilst that's a good thing, I'd expect the Claimant to challenge that Order.

Sasanova

Sorry this one didn’t upload before.

Coupon-mad

Still amazed the entire claim has also been struck out. Wow!

Hold onto your hat, because months later you could find the C has objected and wants it reinstated.  However, the easy and cheaper remedy for them is to re-issue a fresh claim.

For all those reasons, don't bin your paperwork.

But for now, well done!  Congrats!

ANOTHER ONE BITES THE DUST!

Make sure you come back here and don't miss the upcoming Public Consultation to change the private parking law.  It is the final consultation and it's nearly there.

Explained here:
https://forums.moneysavingexpert.com/discussion/comment/79803066/#Comment_79803066

Don't disappear!

Bookmark the relevant thread linked in that reply...

Forgot to add.  The only way to argue your £275 should be refunded is to make a formal complaint to the CCBC so I would do that too.

Sasanova

Before I say my piece just wondered do I just write a letter to CCBC complaining about the £275 or an email would suffice.

Coupon mad you have been my guardian angel as I’m sure you are to many others who need guidance on the forum without your guidance and support I would have thrown the towel in well before now I am humbled by your kindness, support shining light in my path a big virtual hug 🤗 to you. I am truly grateful and of course I would keep all the notes and these messages in case.
My sincere thanks to you 🌹🌹🌹

Le_Kirk

I notice that the judge seems to have ignored the item in your draft order that the Claimant should pay the cost of the set-aside application.

Coupon-mad

Probably because the C did nothing wrong in terms of causing the claim not to be served.

Whether the CCBC caused it or should have identified that a batch of claims has disappeared down plughole (and were never served, after supposedly being posted in one particular day in December) is a matter for a formal complaint.

@Sasanova I suggest you liaise with this person:

https://forums.moneysavingexpert.com/discussion/comment/79800740#Comment_79800740

Possibly do a joint complaint OR attach a statement from each other pointing out that your claim 'issue date' is the same and there is more than sufficient evidence to suggest that some or all claims 'issued' that day were never posted at all.  Whilst this may either be the fault of Postal Strikes or an internal CCBC/mail provider systems failure, the least the people affected expect is:

(a) an apology from the CCBC for continuing to nod through default CCJs despite knowing if the issue;

(b) a thorough investigation, like the one 3 or4 years ago where it was identified that a batch of claims were never issued;

(c) a promise that no more Defendants will be plagued by a default CCJ where the claim was supposedly 'issued' in (DATE);

(d) acceptance of applications to set aside CCJs against those persons affected free of charge, with fees already paid to be refunded.

In your case the local Judge has immediately stepped in very swiftly and set aside the CCJ without a hearing (and dismissed the entire claim) so clearly he believes that the claim was de facto never served and that there is an issue.  However, the ability to compensate complaining Defendants for their wasted costs rests with the CCBC, hence this complaint and formal request for a £275 refund and a thorough investigation.

Send it by email to the team that jag_run successfully complained to here:

https://forums.moneysavingexpert.com/discussion/comment/79302838/#Comment_79302838

HTH

Sasanova

Le_Kirk said:

I notice that the judge seems to have ignored the item in your draft order that the Claimant should pay the cost of the set-aside application.

I know he has, as it was the first for me I don’t know the procedure whether he should have done something about it or I should write to CCBC claiming it back!?