DCBL , CCJ's

larris

Hi everyone,
Firstly apologies, I have tried looking through to see if there is information relating to my issue but could not find anyone has escalated to this degree so I guess I am an (un)lucky one.

Firstly my wife received a parking ticket for parking outside her old work, whilst pregnant, to pop in and use the toilet. 15mins max. She was issued a £90 fine. Which from reading up and the general consensus of her work colleagues we choose to ignore. She then got a second just over a month later when she took our new born into show her work colleagues.

Tickets December 2016 and January 2017. Since then had several threatening letters from DCBL chasing payments and they have escalated charges to £272 on one and £294 on the other. 

unbeknownst to me this had escalated. I went to my bank to get a remortgage and was refused and then found through "clear score" I had a ccj issued in 2019. I cannot find any info on being told about this apart from the threat on the DCBL letters. I have now check again and found that they have managed to issue me with 3 CCJ's for two fines, 2019, 2020 and 2021. Is this legal? How can I fight this? What is best course of action?
I have now received two more letters from DCBL chasing and threatening over unpaid CCJ's.
Prior to this I had an impeccable financial history but just feel I have been dragged in to unlawful extortion with excessive fines.
I have not contacted DCBL yet but starting to think that the only option due to now having the CCJ's on my record till 2027.

Help please as this is causing me a lot of stress and unnecessary anguish and I have no idea how to stop it or clear it.

Thanks in advance.

Trainerman

My understanding is that if they are past the date the Court ordered payment by, even if paid they will stay on your record, though marked as satisfied. Which therefore leads in the direction of seeking set aside.

Why would you have not received the claim forms? Have you changed address recently? Presumably you are the registered keeper but were not the driver. There are threads on here about gaining set aside, I would suggest you read up on them, and you will see that there are things you can do , but you need to be aware and accurate

Coupon-mad

The CCJs can be set aside. See the CCJ set aside section in the second post of the NEWBIES thread, and for a worked example, read the thread by @Jack5656

larris

@Coupon-mad apologies, struggling to navigate this site on my phone and cannot find the CCJ set aside section.

So to clarify. Original fines were actually August 2018 and September 2018 where parking restriction had changed outside my wife's place of work. We ignored original PCN as the were from "One Parking Solution"
DCBL have sent a few requests over the years which I have ignored. Now they have sent me two "notice of intended enforcement actions" for unpaid County Court Judgement. When I tried to get a remortgage I found that they have managed to issue 3 CCJ's for two fines. Is that right? Or should it be only one per fine?

In your opinions am I better to just call them and offer to pay if the CCJs are confirmed as satisfied then get get them set aside?

I am very confused about how best to proceed, between work and home I am struggling to research the best way to proceed. Would it be worth seeking legal advice. To be honest I just want to get them clear and move on, just feel annoyed as it feels like I have been scammed. Original PCN requests were for £100 each.

Coupon-mad

Jack's name is a hyperlink to his profile, so follow his example in his discussion.  You can get to that within 20 seconds.

I am on a phone right now (because I am very familiar with this forum!) and the NEWBIES thread is two clicks back and my signature tells you where to click. I can see what you can see.  It is right here.

You can be there in two seconds.  You only need to read the SECOND post of the NEWBIES thread until you see the CCJ section.

larris

Thank you @Coupon-mad apologies the for extra NEWBIE in newbie 😂
Just reading through trying to make sense of the procedure, also the draft order and witness statement. A lot to take in.Tired brain is making it difficult to get it all to sink in.

Just feel by reading examples that everyone has valid reasons/excuses for not paying, I just felt the PCNs were scams trying to obtain money through threat and ignored them, they were not issued by the council and the requested fine was over double any usual legitimate PCN.. My only line of argument is that the parking restrictions were revised which caught my wife out 20m from the entrance to her place of work, a council run respite care facility, is that enough?
In your opinion(s), can I win?

How many CCJ's can they take out against me as currently have 3 CCJ's for 2 PCNs? Will that list grow?

Coupon-mad

This isn't about defending the PCN yet but I doubt the signs were so very prominent and large that the driver read the terms and was content to pay £100 to park!  An unclear, non-prominent consumer contract is unfair.

They can't have 3 CCJs for two PCNs. Is that the other way round, two CCJs?  Either way, it is an abuse of the court process (causes more costs and wasted time/money as well as double the imitation) not to bring their entire case as a single claim.

This is not about defending PCNs though.  It's an application to set aside CCJs, due to defective service (wrong address, I assume) - and yes, it's eminently winnable.

larris

Morning @Coupon-mad , thank you for you continuing support.
 I agree with all the above. Except, they had sent information to correct address, so there were no actual mistakes on their behalf only the bully tactics straight after changing the parking restrictions in the area.

Should I contact the court to get the full information on the CCJ's? If so, how is best to find out where they were issued and the reasoning? Think they all relate to "county court business centre"

Definitely only 2 PCNs, but now 3 CCJ's all with different references numbers.

The two most recent DCBL letters time limits have now been reached so I guess they can start knocking at my door now. 🤦🏻‍♂️

IloveElephants

Coupon-mad said:

This isn't about defending the PCN yet but I doubt the signs were so very prominent and large that the driver read the terms and was content to pay £100 to park!  An unclear, non-prominent consumer contract is unfair.

They can't have 3 CCJs for two PCNs. Is that the other way round, two CCJs?  Either way, it is an abuse of the court process (causes more costs and wasted time/money as well as double the imitation) not to bring their entire case as a single claim.

This is not about defending PCNs though.  It's an application to set aside CCJs, due to defective service (wrong address, I assume) - and yes, it's eminently winnable.

Hi Coupon-mad and Larris, if I have hijacked your thread apologies and I will remove my comment,

From my SAR with UKPC they said I have 3 outstanding tickets from 2019 which they are pursuing and 1 from 2018 which is at court stage, I have a thread opened on it and I am waiting for my Hearing date to arrive, I am in the process of creating the Witness Statement. 

Now my question is why are UKPC and DCB LEGAL LTD who are on my court claim form not making all 4 tickets under my name into 1 court case?

"Either way, it is an abuse of the court process (causes more costs and wasted time/money as well as double the imitation) not to bring their entire case as a single claim."

This is my exact point, 

larris

Hijack apology accepted 😂

Guessing I will get to your stage soon enough. 

I would assume they have made it all separate claims as they probably process each incident separately but also benefits them as they use it to increase the intimidation factor.

Yes, agreed, complete waste of courts time to intimidate people to pay excessive fines. Daylight robbery

Coupon-mad

larris said:

Morning @Coupon-mad , thank you for you continuing support.
 I agree with all the above. Except, they had sent information to correct address, so there were no actual mistakes on their behalf only the bully tactics straight after changing the parking restrictions in the area.

Should I contact the court to get the full information on the CCJ's? If so, how is best to find out where they were issued and the reasoning? Think they all relate to "county court business centre"

Definitely only 2 PCNs, but now 3 CCJ's all with different references numbers.

The two most recent DCBL letters time limits have now been reached so I guess they can start knocking at my door now. 🤦🏻‍♂️

If the court claims were mot sent to the wrong address, how did you end up with CCJs?  You do mean actual CCJs?

If you were served with court claims and ignored them, that won't look good in court. What happened?

This will leave you to rely on CPR 13.3, a discretionary set aside position that the court could refuse.

One consideration for the Judge when using discretion to set aside CCJs is 'did the defendant act promptly?'.  And we mean within mere weeks - not months - of finding out there were CCJs.  Applications have to go in sharpish, this week ideally with an April date. It's May next week and that would look worse.