DCB Legal Letter of Claim - UKPC

preloved1416

I am asking for advice regarding an application of N244 to Set Judgment Aside. What has happened as happened, I need to focus on how to submit this application. 

This is part of my draft 

1.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.  

2. The defendant submitted an AoS that was never received and/ or acknowledged by the court resulting in a default judgement before a defence was submitted.

3.  The defendant requested a SAR from the claimant UKPC Limited, the SAR was never received therefore the defendant is unfairly limited in their ability to defend the claim. 

4. The defendant denies all liability. The claim form states 'The driver agreed to pay within 28 days but did not'. The defendant never accepted liability and never agreed to pay any amount.

5.The PCN claims the driver left site, this is not the case and no evidence has been received to prove this point. The car park in question is situated in a large retail park, the defendant never left the retail park whilst parked. The Defendant therefore cannot be held accountable for any breach in contract. 

B789

preloved1416 said:

I spoke to the court this morning and they claim not to have received by AoS (I should have sent tracked), therefore a default judgement was made and my only option is to file an an N244 to Set Judgment Aside. Do you know what the rate of success is here?  

In the Newbies thread, second post, there is a link to a page that explains in detail how to file your AoS. It is done online. Who sends an AoS by post? https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

OK. You are where you are, no thanks for not following the advice in the Newbies thread and that given on here. This may be recoverable but you really must follow the advice to the letter. NO sending anything by Royal Mail unless absolutely 100% necessary. You use email which will keep a trace of what you have sent.

What address did you send the AoC to? Where did you get that address from? Why did you decide to send it in that manner to THAT address? A judge will have to be convinced that this is a genuine mistake due to some ambiguity or deficiency that was not obvious.

Whilst some may be schadenfreude due to the apparent failure to follow the advice, there is no way that anyone wants to see the scammers get away with this. So, you have to follow the advice very carefully.

B789

You now follow the advice given to you yesterday by @Coupon-mad. Do not pass Go. Do not deviate. Follow the advice which will, hopefully, get this rectified.

Coupon-mad said:

Due to the amount of that CCJ you must URGENTLY (unless this is your failure to defend):

1.  Ring the CCBC in the morning and ask:

i). what address the claim form was sent to, and 

ii). for a copy of the Particulars of Claim to be emailed to you while you are on the phone, and

iii). which email address to use to send an urgent application to stay the writ and how to pay the £12 fee.
 

2.  Then apply to STAY THE WRIT.  Do not hang about!  You must do this to prevent a visit from HCEOs at your house.  This is serious.

Costs £12 (paid to the CCBC) to apply to stay a writ.

Do that immediately, tomorrow morning, with a N244 stating that you are applying to:

(a) stay the writ

(b) have the CCJ set aside because you were at all times in contact with UKPC and DCBLegal about threats of court, and they knew how to contact you, and yet they appear to have filed a claim to an old address because no claim form was served*.  Attach proof of DCBLegal's email saying the case was 'on hold' and only at pre-action stage, and any proof that you told them or UKPC your new address.

In BOTH CASES did you tell UKPC or DCBLegal (or both), weeks/months ago, to erase your old address and rectify it to your new one?


* EDIT:  

ARE YOU SAYING YOU RECEIVED BUT DIDN'T DEFEND A COURT CLAIM?

preloved1416

B789 said:

preloved1416 said:

I spoke to the court this morning and they claim not to have received by AoS (I should have sent tracked), therefore a default judgement was made and my only option is to file an an N244 to Set Judgment Aside. Do you know what the rate of success is here?  

In the Newbies thread, second post, there is a link to a page that explains in detail how to file your AoS. It is done online. Who sends an AoS by post? https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

OK. You are where you are, no thanks for not following the advice in the Newbies thread and that given on here. This may be recoverable but you really must follow the advice to the letter. NO sending anything by Royal Mail unless absolutely 100% necessary. You use email which will keep a trace of what you have sent.

What address did you send the AoC to? Where did you get that address from? Why did you decide to send it in that manner to THAT address? A judge will have to be convinced that this is a genuine mistake due to some ambiguity or deficiency that was not obvious.

Whilst some may be schadenfreude due to the apparent failure to follow the advice, there is no way that anyone wants to see the scammers get away with this. So, you have to follow the advice very carefully.

I agree I should have used the forum more intelligently and investigated much more, I feel very foolish and know now this could have been avoided. The claim form says to send the AoS form to the court, so I completed the physical AoS sent in the claim form to the court address on the from page of the claim form - County Court Business Centre, 4th floor, 21-27 St Katherines street Northampton NN1 2LH. Not tracked - another mistake. 

preloved1416

B789 said:

You now follow the advice given to you yesterday by @Coupon-mad. Do not pass Go. Do not deviate. Follow the advice which will, hopefully, get this rectified.

Coupon-mad said:

Due to the amount of that CCJ you must URGENTLY (unless this is your failure to defend):

1.  Ring the CCBC in the morning and ask:

i). what address the claim form was sent to, and 

ii). for a copy of the Particulars of Claim to be emailed to you while you are on the phone, and

iii). which email address to use to send an urgent application to stay the writ and how to pay the £12 fee.
 

2.  Then apply to STAY THE WRIT.  Do not hang about!  You must do this to prevent a visit from HCEOs at your house.  This is serious.

Costs £12 (paid to the CCBC) to apply to stay a writ.

Do that immediately, tomorrow morning, with a N244 stating that you are applying to:

(a) stay the writ

(b) have the CCJ set aside because you were at all times in contact with UKPC and DCBLegal about threats of court, and they knew how to contact you, and yet they appear to have filed a claim to an old address because no claim form was served*.  Attach proof of DCBLegal's email saying the case was 'on hold' and only at pre-action stage, and any proof that you told them or UKPC your new address.

In BOTH CASES did you tell UKPC or DCBLegal (or both), weeks/months ago, to erase your old address and rectify it to your new one?


* EDIT:  

ARE YOU SAYING YOU RECEIVED BUT DIDN'T DEFEND A COURT CLAIM?

Is this still applicable to me even though the documents were sent to the correct address?

The_Loner

preloved1416 said:

I spoke to the court this morning and they claim not to have received by AoS (I should have sent tracked), therefore a default judgement was made and my only option is to file an an N244 to Set Judgment Aside. Do you know what the rate of success is here?  

Did you ask whether there’s a backlog on processing mail? They may have it but not dealt with yet.

I’m aware there’s a backlog with emails and at present working on emails received 3rd March, so 2 weeks behind.

B789

You can argue the above but without the necessary proof of posting, may not go in your favour. However, you have followed steps that, whilst not advised here, do comply with what you were asked.

You will probably have to explain your naivety for how you responded but there is nothing that I can see, although I stand to be corrected, where you cannot submit your AoC by mail.

Have you done what @Coupon-mad has advised above about getting a Stay of Writ and a set-aside? If not, why not? This needs to be done today otherwise you could have bailiffs at your door at any moment. Just get on with it!

preloved1416

B789 said:

You can argue the above but without the necessary proof of posting, may not go in your favour. However, you have followed steps that, whilst not advised here, do comply with what you were asked.

You will probably have to explain your naivety for how you responded but there is nothing that I can see, although I stand to be corrected, where you cannot submit your AoC by mail.

Have you done what @Coupon-mad has advised above about getting a Stay of Writ and a set-aside? If not, why not? This needs to be done today otherwise you could have bailiffs at your door at any moment. Just get on with it!

Thank you, yes I have done the above and submitted an application for the judgement to be set-aside. Does the fact I never received the SAR have an impact here? As technically I would assume my defence is severely limited without this information. 

The_Loner

On what grounds have you applied to set aside
The Judgment?

KeithP

Suggest you remove the bit about sending a SAR to the Claimant.
It is irrelevant.

Why are you asking for the Claimant to repay the £275 fee?
What has the Claimant done wrong to justify that?