Parking Charge Notice help - CCJ issued

asdf123456

B789 said:

asdf123456 said:

On the notice of debt recovery I received, the 'Client' is being presented to be 'EMLS Legal Limited' and the DCBL are acting on their behalf, no other entities are named on the letter.

The "notice of debt recovery" is not a legal document. It is kindling, lining for the bottom of a birdcage, emergency use toilet paper. Ignore all debt recovery letters as explicitly advised in the Newbies/FAQ thread.

DCBL or any other DRA are not a party to the alleged contract you are supposed to have breached and cannot initiate any proceedings no matter how colloquially threatening they sound. Ignore them.

Without having to trawl back through the thread, have you received an actual LoC/LBC or a court claim. We are not interested in anything else and neither should you.

This would have been sent to my previous address so I wouldn't have been able to see them, but the CCJ was automatically issued so I am forced to respond to them here.

B789

asdf123456 said:
This would have been sent to my previous address so I wouldn't have been able to see them, but the CCJ was automatically issued so I am forced to respond to them here.

So, your liability for the CCJ is to the PPC. Neither Elms nor DCBL are parties to the claim/judgment. The reason you received a CCJ by default is because on the day the PPC requested the data for your car under KADOE rules, your old address was on the V5C and they never bothered to do a simple credit reference search to verify that the address they had never received any response from was possibly the wrong/old address. You were there to be found as evidenced by the notification you received about the CCJ. How convenient for them.

Coupon-mad

The Claimant is VCS or Excel Parking.  NOT Elms Legal.  Should have rung the CCBC to ask.

I would not have rushed this; very few of us had a chance to even review your draft today (I didn't, for one).

I have never heard of the CCBC email address you sent that to and I'd be worried it may disappear into a black hole.  We usually say send it to the CCBCfees email and give the CCBC a ring to make sure you've done everything right.

You could then ask whether the Claimant was VCS or Excel and ask for a copy of the Particulars of Claim to be emailed to you, so you learn a bit more.

asdf123456

I emailed ELMS for the particulars of the case and VCS is indeed the claimant, my mistake.

I sent the rectified n244 and supporting documents to ccbcfees@justice.gov.uk, got an automated response that my case won't be reviewed unless I paid the fee but the help with fees instructions were to simply provide their reference number that they gave me when I submit the appeal. 

I tried to call the ccbc number but was left on hold until after they had closed, will try again tomorrow. 

Coupon-mad

Yep, follow it up so it doesn't sit there expecting a fee payment.

asdf123456

I called the ccbc today and they confirmed as long as the help to pay ref number is correctly filled in on the n244 form, no further action is required from my part.

I did receiver another letter from DCBL today sent out on 05/06/23, identical to the one they sent out on 01/06/23. I can ignore this and any further communications from them until I hear back from the courts regarding my n244 form, correct?

Boat_to_Bolivia

Yep......... 

Coupon-mad

As long as the ref or claim number is the same.

asdf123456

Hi everyone,

So I had a virtual hearing where the CCJ was set aside but I was asked to submit a defence to the small claims court regarding the parking fines. Should the defence just follow the same template as the witness statement?

Thanks

Coupon-mad

No the defence is as per the template defence thread (except you are dealing with the local court not the CCBC at Northampton now, and you must cc in the Claimant's solicitors).

Well done on getting the CCJ set aside.
 Did you get a costs order too?