Unpaid CCJ letter received from DCBL today

remzeh1

Hi all

I've received the below letter today....




UKPC had 4 PCNs against me from back in 2018/2019
-1 I successfully appealed
-1 went to court via QDR solicitors on behalf of ZPSS / UKPC - stupidly I misread the LBC, I then never received the court forms due to postal strikes, then I received a CCJ letter through the door in January - I just opted to pay this to avoid the hassle
-1 I then received a LBC from DCBL in January when the above malarkey was going on - I again paid this to avoid the hassle

this leaves 1....

I've not received any letters at all from DCBL / UKPC / QDR / ZPSS since the last PCN I paid in January

until today I received this letter

Let me be clear on my v5 logbook situation

I sold this car years ago, but I only ever had the car registered at the one address and I received all the PCNs at the time to this same address - I've ALWAYS received every single letter regarding these 4 PCNS to this one address - It is my parents address, and my mother opens and keeps ALL of my post.

Every logbook I've ever had was registered at this 1 address

My driver's license has only ever been registered at this 1 address

The previous court claim and previous LBC both arrived at this address

then...

after doing some digging tonight, and doing a check for every address I've lived at on the registry in the last 5 years, I've found that the CCJ has been issued to the last address I was living at which I moved out from at the start of February

The last time I had a car was over a year ago which I sold, before I even moved into the address they've sent it to - so the DVLA never had this address.

How on earth have they got this address?????? It took me a good while to find the CCJ, it wasn't showing on experian or clearscore etc as I've never had anything registered at that address other than the Utility bills.

I'm guessing I now need to contact the court and request a N244.

Please advise.

Coupon-mad

Same as the others like yours.  Several.

Already answered two like yours today explaining NOT TO PAY THIS OFF because it won't wipe the CCJ.  We explained what to do.

Both threads are on page one of the forum; near your thread right now.

remzeh1

Is it likely that I can get this set aside given the circumstances if I follow your guidance?

Coupon-mad

Almost certain, if they served the claim to an old address.  Soft traces are mandatory under both Codes of Practice. Have you read hallie's argument in his/her WS yet because it nails it.  Nothing to worry about.

There are two threads JUST like yours right next to yours right now where I've advised them already where to look.

Please read them. No links needed.

remzeh1

OK - Spoke to the court this morning

I have the particulars of claim and have the N244 form - I can pay the £275 that's fine.

Unfortunately I have a job interview tomorrow which I need to prepare for tonight so I will have to begin putting everything together after work tomorrow evening.

The facts are as follows:

DCBL have sent the claim to an address they must have got from a soft search, which I moved out of in January - we shall call this the 'London address' - a temporary work related address.

My primary residence is a 'Newcastle address' - UKPC/DCBL and QDR on another claim all aware this was the usual address.

DCBL (on behalf of UKPC) sent 1 LBC to the Newcastle address in January - which I paid - so they knew they could find me at the Newcastle address

QDR Solicitors (on behalf of UKPC) also sent claim forms to the Newcastle address which I didn't receive, BUT, I did receive the notification of judgment to the Newcastle address - which I then paid and then had the same court send me a certificate of satisfaction/cancellation of Judgment to the Newcastle address.

My v5 and driver's license only ever registered at the Newcastle address.

I unfortunately moved out of the London address at the end of January - I think I have the evidence from cancelling my utility bills at that address, and I also have a signed contract for a new work related address that I moved into at the start of February which I can use as further evidence.

So, ultimately I have..

1. Evidence of previous LBC received from DCBL in January which was responded to and paid - they knew they could find me at the Newcastle address, so why did they send this last claim elsewhere
2. Evidence that UKPC must have been aware they could find me at Newcastle address after I received the notification of judgment to that address and paid it
3. Evidence I requested the court to send notification of cancellation of previous judgment to the Newcastle address - this was clearly my primary residence in January given I requested this to the Newcastle address
4. Evidence I moved out of the temporary London address at the end of January from utility company emails and a signed tenancy agreement for a new temporary address at the start of Feb.
5. A letter to the Newcastle address notifying me I have an unpaid CCJ - more evidence that they knew they could find me at the Newcastle address

Surely I can get this set aside if I carefully follow the forum?

B789

remzeh1 said:

Surely I can get this set aside if I carefully follow the forum?

Yes, as already stated. You will be applying for a set aside under CPR 13.2 and you can evidence that they used the wrong address. Just follow the advice in the Newbies/FAQ thread under setting aside a CCJ.

You do realise though that you have been marked as a "mug" by UKPC having just stumped up the inflated charges in your previous LoCs. They love nothing more than gullible victims that pay up at the first sign of an LoC.

Once you get this set aside, you will be able to defend using the defence template and any future UKPC/DCBLegal claims will end in discontinuation as we see all the time on here when robustly defended.

remzeh1

Hi all....

I'm currently drafting my 

1. Draft Order
2. Witness Statement


Do I need anything else for now for the N244?

Using @hallie28 recent example to go by - shall I just stick in line with their example?

I note on older posts that people used to supply a defence upfront - is this not the correct approach anymore?

Particulars of claim are as follows....

Particulars of claim: 1. THE DEFENDANT(D) IS INDEBTED TO THE CLAIMANT (C) FOR A PARKING CHARGE(S) ISSUED TO VEHICLE XXXXX AT XXXXXX 2. THE PCN DETAILS ARE17/12/2019,XXXXXXX 3.THE PCN(S) WAS ISSUED ON PRIVATE LAND OWNED OR MANAGED BY C.THE VEHICLE WAS PARKED IN BREACH OF THE TERMSON CS SIGNS (THE CONTRACT), THUS INCURRING THE PCN(S).4. THE DRIVER AGREED TO PAY WITHIN28 DAYS BUT DID NOT. D IS LIABLE AS THE DRIVER OR KEEPER. DESPITE REQUESTS, THE PCN(S) IS OUTSTANDING. THE CONTRACT ENTITLES C TO DAMAGES. AND THE CLAIMANT CLAIMS 1. £160 BEING THE TOTAL OF THE PCN(S) AND DAMAGES. 2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATEOF £0.02 UNTIL JUDGMENT OR SOONER PAYMENT. 3.COSTS AND COURT FEES


I think I will also need to start preparing a draft defence as well right? 

Coupon-mad

No, do not supply a defence.

Better to just have an idea of what your defence will be, if the Judge is dithering and wants to be satisfied you gave prospects of successfully defending the claim, or did you pay it...I'm confused which one you paid.

This one?  If so then a defence isn't relevant and it's all about a mandatory set aside of the CCJ only, due to the wrong address being used.

Is the date of judgment more than 30 days ago?

If yes, more than 4 months ago?

You might not be able to copy most of hallie's good WS but read it carefully because not all of it might be relevant, and make sure you clearly spell this out, because this is nice and clear:

DCBL have sent the claim to an address they must have got from a soft search, which I moved out of in January - we shall call this the 'London address' - a temporary work related address.
My primary residence is a 'Newcastle address' - UKPC/DCBL and QDR on another claim all aware this was the usual address.
DCBL (on behalf of UKPC) sent 1 LBC to the Newcastle address in January - which I paid - so they knew they could find me at the Newcastle address. 
QDR Solicitors (on behalf of UKPC) also sent claim forms to the Newcastle address which I didn't receive, BUT, I did receive the notification of judgment to the Newcastle address - which I then paid and then had the same court send me a certificate of satisfaction/cancellation of Judgment to the Newcastle address.
My v5 and driver's license only ever registered at the Newcastle address.

remzeh1

This is the 4th and final PCN I'm dealing with now - they have given me a CCJ on 21st April 2023

Okay, so no defence with the N244 - I will look into the defence once the N244 has been filed.

If the CCJ was from 21/04/2023, does this mean the 4 months stuff from @hallie28 is not relevant?

I'll put the WS together now and post it on here

Thanks

Coupon-mad

If the CCJ was from 21/04/2023, does this mean the 4 months stuff from @hallie28 is not relevant?

Correct, that's what I had in mind.

You are on the right track completely.  Nice.

And if you didn't pay this CCJ (GOOD!) and the claim was improperly served then your case is strong to beat the CCJ and the entire claim.

Coupon-mad

Were either of the other claims (QDR or DCB, or both) about PCNs from the same location, same facts, same signs, but just different dates?

If yes, then you can also argue that this claim is 'estopped' under the doctrine of cause of action estoppel.  This Claimant cannot rack up triple costs by splitting charges across three separate claims!  Ludicrous abuse of the court process.

If I am right that this is the same as the other claims, search the forum for Henderson v Henderson and copy a good paragraph or two about that AND include this as an extra line, in your DRAFT ORDER, that this claim be struck out under the doctrine of cause of action estoppel, due to it being part of a clear attempt by this Claimant to file a near-duplicate series of claims for parking charges, which with due diligence, any professional parking firm should have included in the first, single claim in order to minimise costs and distress exposure for the Defendant and to avoid this calculated waste of court time.

There might even be an argument for a counterclaim to recover the cost of the second claim, which for the same reasons, should never have been filed and was in itself an abuse.

Which one was filed first, QDR?

It's the subsequent ones that are an abuse.