Newbie at the start of his CCJ claim form defence journey (Help) - UPDATE-CLIENT WISHES TO PROCEED. 16 January at 3:53PM edited 13 March at 12:41PM in Parking tickets, fines & parking 59 replies 987 views

Gaz87

Hi everyone

Sorry in advance for the long post. 

I have recently been reading through the newbies thread and looking at the actions and steps I need to take.

A bit of background I have a ccj claim form sent to me from DCB legal Ltd on behalf of UK parking control Ltd with an issue date of 11th January 2023 for a vehicle I was the registered keep of at the time. 

This relates to a parking charge issued in January 2018. 

They are claiming £231.80 with £35 court fee and £50 legal representative costs on top. 

Total amount £316.80

Back at this time the driver visited Ashton moss lesuire Park. 

It was a dark rainy night with a pretty full carpark  when the driver parked along side a row of other vehicles in what seemed to be a row of parking spaces within the car park, which is a non chargeable car park so free to use as there are many restraunts, bowling, cinema establishments present.

The driver returned to the vehicle to see parking tickets had been left on said row  and a charge was later sent in the post. 

This was for not parking in accordance with the terms ( I assume this row were not actual spaces which I didn't know at the time) the picture on the letter also only showed my number plate and nothing regarding parking between lines etc. 

Just my number plate and complete darkness. 

As was common around this time the driver was commonly advised to ignore this and with little other knowledge continued to do so. 

Nothing else was heard until recently receiving the ccj  form some 5 years later. 

The driver intends to defend this. 

I will shortly acknowledge this claim and send a sar to the parking company.

I will then as I have seen file my defence. 

I feel like I'm going to struggle creating a defence for the driver and wondered if i would stand a chance? 

I have read If you lose, a ccj is awarded and registered pretty much straight away and will be taken of if paid within 30 days but doesn't always happen and can be a pain. 

I work in finance and can't risk a ccj for any period as this would compermise my job. 

I have recently lost my mum and also having to fight numerous services for my little boy who has suspected autism, along with the cost of living I really could do with out the time and worry this is taking. 

I do also suffer my own mental health but from what I have read personal circumstances can't be used and only law and contract issues will be considered? 

Any input would be greatly appreciated I will keep this post as a record of my journey and hopefully post my defence for inputs shortly. 

I just don't won't to embarrass myself with lack of knowledge and end up worse of. 

 I am a novice with these things so again sorry in advance if its not clear or I have missed any requirements. 

Many thanks 

Le_Kirk

The place to start is the NEWBIE sticky second post, as you have discovered, which deals with situations from LOC to claim form and beyond.  Also look at the defence template and add your words in paragraphs 2 & 3 detailing what you have already said but write it in the Third Person, i.e "the defendant's car was parked............" rather than "I ........."  Just post your paras 2 & 3 here and we will then critique it for you.  We don't need to see the rest of the template, we know it works!

KeithP

Gaz87 said:

A bit of background I have a ccj claim form sent to me from DCB legal Ltd on behalf of UK parking control Ltd with an issue date of 11th January 2023...

Hello and welcome.

I'll start by pointing out that you do not have a CCJ - a County Court Judgment.
Any 'judgment' comes later - after a hearing.

With a Claim Issue Date of 11th January, you have until Monday 30th January to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 13th February 2023 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Not_A_Hope

There is no CCJ risk impacting you by defending this PCN claim. If the PPC took it all the way to a hearing and you lost you will have 30 days to pay before the CCJ becomes live. If you lost the claim as long as you follow the process properly most judges will award less than what the scammers are asking for. 

There is a thread on this forum by @Umkomaas showing how many claims are being discontinued by DCBL.

Umkomaas

There is a thread on this forum by @Umkomaas showing how many claims are being discontinued by DCBL.

Here we go:

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Coupon-mad

Easy enough standard UKPC rubbish claim then, and you'll know from @Umkomaas' DCBLegal thread that they - DCBLegal/UKPC  - will discontinue later on, with no hearing needed, as long as you follow our advice.

Read a dozen DCBLegal threads.

You'll soon suss the pattern and how to get there.

Gaz87

Many thanks for everyone's support and encouragement. 
I will be sure to keep the thread updated and to post my defence. 

You are all really doing important work which is Highley valued and appreciated. 

Gaz87

Quick one guys does my acknowledgement need to be done on a working day during working hours?

Also can I use a copy of the claim form when submitting a sar request as proof of I.D

Thanks again 

KeithP

Gaz87 said:

Quick one guys does my acknowledgement need to be done on a working day during working hours?

No. Complete the AOS following the dropbox guidance at any time of the day or night - before the cut-off date of course.

Gaz87 said:

Also can I use a copy of the claim form when submitting a sar request as proof of I.D

Yes, as long as it has your current name and address on it.

Gaz87

Acknowledgement and SAR request submitted this evening.

Will now work on my defense template and post for proof reading. 

Le_Kirk

Gaz87 said:

Acknowledgement and SAR request submitted this evening.

Will now work on my defense defence template and post for proof reading. 

Yep, just post your paragraphs 2 & 3 (and any that you feel the need to add) as we do not ned to check the template - we know who wrote it!  BTW there is no "S" in the UK spelling of that word.  Of course you add the rest of the template back in before sending it to CCBC by e-mail.