County Court Judgment

63realfan

Hi Coupon. 

You should be running for PM! 

Thank you so much for easing my worries. I feel strong and am determined to fight this and win now. I completely agree with you 100% so thank you for getting back to me. I'm going to call the courts today as following from Sasa thread and start the process for this. I'll keep you updated as to how it goes then will start my WS. 

Address is correct - postal strikes is my suspicion of not receiving. 

Keep you updated

Coupon-mad

The CCBC have what IMHO looks like a major problem since the postal strikes.

Looks to me like a whole batch of claims and post in December just disappeared.  Still not delivered. 

The CCBC should be taking this issue far more seriously because if we've seen a few cases here, in reality there must be dozens in the wider world of court claims and many people will have now got CCJs totally unfairly.

63realfan

Yeah I hope so and I hope the judge takes that into consideration. Completely agree. I thought personally the the CCBC should be using registered post for this as if you don’t receive it and check in a few years your stuffed! Everything to do with any court should be registered post. 

So my old man has flipped the house upside down today and whilst in the process has found some DCBL letters today. I’ve matched the reference against the one on the CCJ and this is the one which is the other one I thought it may of been of which was only in 2021 for what I can remember parking in a car park for 8 minutes over the time allowed. I’m still going to request for the information in court or should I now just go on that fact I know what PCN it’s about? 

After all that it’s not the one from 5 years ago I lost the appeal for. This one is from 2021 and I didn’t even appeal. Found 2 letters from DCB & one from DCBL of which was the “letter of claim” from November 2022 so works out that they most likely filed for a CCJ sometime in September. I’ll attach the last letter I’ve got from them. (I don’t have the first one they sent so don’t know the full details of how much I overstayed) 

I still definitely don’t have the letter for CCJ warning anywhere. 

Massive thanks 

Coupon-mad

Start by ringing the CCBC on Monday (put it on loudspeaker once they finally answer, and record the call on another phone).

The recording will help you and might reveal something useful for other victims of this issue.  Sooner or later I reckon the CCBC will start admitting there was a problem and they must surely move to investigate it.

Tell them you know from online reports that this is a pattern, and have they identified one particular batch of post that has completely gone missing?

i.e. are people raising this issue ONLY about claims purportedly posted by the automated system on one particular day or week in December, and if so, what are the CCBC doing to investigate with the PO and right the wrong?

Record what they say even if they deny a problem.

Be polite and friendly but pushy to see if the pattern has even been looked at yet by the CCBC Managers and if not, why not?

When there was a one-off but significant post error/omission affecting a whole batch of claims that didn't get posted out back in September 2018? 2019? (can't recall which year) the CCBC dragged their feet but finally identified the issue and reinstated all cases, undid CCJs and served the claims afresh.

Why has this not happened this time?

Then ask for your written Particulars of Claim to be emailed to you along with the purported date the claim was supposedly issued, and who the Claimant is and the solicitor.

63realfan

Hi Coupon,

Thanks for getting back. Tried calling today to no avail but realised it's probably the weekend and then saw your message again. 

First question -
Do I need to inform them I'm recording the call?
Second question -
Whilst on phone do I request to have the set aside too?

I will record as you say and post back to here. I hope it does help future victims in the same situation as me! I hope they admit there's an issue! I've noted all your comments down to ask .

Appreicate your guidance as ever. Do you know the exact date as I can't find anything online about a post error from 2018/19. If not I'll just say there was a report online to do with postal issues from September 2018 and see what they say. (Feel like having exact date would be ideal)

I'll update you what happens on Monday. 

Kind regards
Luke

63realfan

Just to add also  - If I can get this CCJ put aside and the claim goes back to the defence stage - can I still ask the landowner to cancel the CCJ? I know the pub car park quite well so am sure I can ask them to cancel. 

Cheers

Le_Kirk

The landowner cannot cancel a CCJ but can, of course, if you get the CCJ set aside, ask the parking company to cancel the underlying PCN. especially if you told them you cannot afford to continue to patronise them and nor can your friends or family, if every trip comes with a £100 or more surcharge.

63realfan

Appreciate the reply. It’s an option I’ll consider before defending. 

Just to add @c@Coupon-mad - when calling courts should I ask to begin the set aside? 

Have a great Sunday all

Le_Kirk

You have to complete a N244 form and pay the requisite fee; you cannot just ask a court. Read some set-aside threads to see how it is done.

Coupon-mad

Read what Sasanova did.

A recorded phone call first.  Push for answers.