Bailiff Knocked on the door yesterday

JacksSon

Their response this morning:
I write further to my email dated ***

July 2023 in acknowledgement of your complaint. I have

conducted review and investigation into the issues you have raised, and a full response is

below.

This matter arises out of three unpaid Parking Charge Notices (PCN), reference

****************, ***************, ************* which were issued in April and June

2019 at ********************* as the vehicle remained on private property in breach of the

prominently displayed terms and conditions.

The PCNs were not affixed to the vehicle because our Client utilises Automatic Number

Plate Recognition (“ANPR”) technology on the Land where the PCNs were issued in order to

manage the parking. This means that cameras capable of accurately recognising the vehicle

registration number of a vehicle are constantly monitoring the entrance and exit to the Land.

A photograph is taken of each vehicle as it enters and exits the Land. The vehicle was found

to be on the Land in breach of the terms and conditions and as such our Client applied to the

DVLA for the details of the Registered Keeper and your name and address were provided.

Our Client sent multiple Notices to you at the address provided by the DVLA, affording you

the opportunity to lodge an appeal or make payment, however neither were received. It is

the responsibility of the Registered Keeper of the vehicle to ensure that their details are kept

up to date with the DVLA at all times.

To provide a brief overview of the matter, as you failed to make payment the matter was

escalated to debt recovery with Direct Collection Bailiffs Limited (DCBL). DCBL conducted a

trace in order to locate you at your last known address, the trace result confirmed********************* (this is the address i have moved out in 2019), as your last known

residence. You were issued multiple letters from DCBL regarding the PCNs, but payment

remained outstanding.

DCB Legal were instructed on 7

th

May 2021 by our Client, Highview Parking Limited, as all

previous attempts to recover payment were unsuccessful. Upon instruction, DCB Legal

issued a formal Letter of Claim in accordance with the Pre-Action Protocol. A Claim was issued on 28/06/2021, a further trace was conducted, and a further address was obtained,

**************** (this is the address i have left on 1st of June). Correspondence was subsequently

issued to that address as we reasonably believed this to be your place of residence. No

response to Claim was received and therefore Judgment in default was entered on 20

th

October 2022, payable forthwith (yeah, there is in the Judgement).

DCBL were then instructed to commence enforcement action to recover the Judgment debt.

Please note, as Judgment was ordered to be payable forthwith. Payment of the Judgment

balance was required was required immediately. Therefore, DCB Legal would not consider

the commencement of enforcement action to be premature.

It is denied that DCB Legal issued a Claim to the incorrect address with any intent. DCB

Legal conducted a trace to establish your last known address, once confirmation had been

received that you no longer resided at the address the Claim Form was originally served. I

confirm the Claim Form was then re-served providing you the opportunity to respond. For the

avoidance of doubt, DCB Legal issued a Claim in compliance with the Civil Procedure Rules

(CPR), pursuant to CPR 6.9.

It is further denied, that DCB Legal have breached the SRA Code of Conduct.

Based on the above, I will not be upholding your complaint. I do fully apricate that legal

action can be an emotive process and do apologise for any undue stress.

I trust this clarifies our position.

JacksSon

i knew that they will respond like that so i have not wasted my time and sent a complaint to SRA with evidence .
i'll update this as soon as i'll receive a response

JacksSon

btw have sent it a week ago (had to spend some time on reading sra's regulation)

JacksSon

agh, found the "forthwith" word in the Judgement of claimant

JacksSon

i guess at this point they are right (unless forthwith would mean immediately after 30 days from CCJ)

JacksSon

also they did not answered to question D (refusing to update the court about payment) and they have omitted the fact that i was in contact with dcbL 3 months before the hearing (my point b). 

JacksSon

any thoughts?

Coupon-mad

See what the SRA say but it doesn't look like you split the complaints like I advised.  

Half the stuff in your complaint was about what DCB Ltd (a different company) did, not the solicitor DCB Legal's conduct ; the SRA can only review the conduct of the latter.

JacksSon

Coupon-mad said:

See what the SRA say but it doesn't look like you split the complaints like I advised.  

Half the stuff in your complaint was about what DCB Ltd (a different company) did, not the solicitor DCB Legal's conduct ; the SRA can only review the conduct of the latter.

thank you. I have mentioned the dcbl only for 1 reason: just to confirm the third time that they knew my actual address when sending bailiff to my door. By this i meant to get enough grounds to accuse dcbLegal of mispresentation at Court's hearing which also is SRA's one of the points in code of conduct. Providing false information (knowing the truth) at Court is BAD. I have submitted a complaint (very explicit in my opinion) where i think dcblegal has gone against 7 points of conduct. I will post my letter on mse after i receive a response

thx

JacksSon

as for now, i will obtain information from dvla, about when i have changed the address and will try to do the same thing with experian (since they are using it for reference). I know that i've done my duties on time and this was before Court's hearing.
Put this and other stuff together and voila! Financial damages, moral damages..., you know it!