IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

UK PC Claims received

Options
1246714

Comments

  • Coupon-mad
    Coupon-mad Posts: 151,970 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 23 June 2023 at 6:04PM
    I am worried about HCEOs arriving this weekend.

    I don't want to scare you but protect yourself:

    Do not let them in and I suggest hiding your vehicles in a closed garage even if it is at a friend's.  HCEOs can clamp and remove vehicles.  

    Tell your family NOT to open the door to a bailiff nor say yes if they ask to come in. NO.  SHUT THE DOOR. Don't leave an accessible downstairs window or back gate open.  

    If I were you - as your first priority - I'd put this 'claim 4' defence to one side this month and ring the CCBC FIRST THING MONDAY and ask if High Court writs have been applied for claims 2 and 3.

    If they have, IMMEDIATELY pay £14 per claim to stay the writs and whizz two signed and completed N244 x 2 applications by email over to the CCBC asking in each, for an Order to stay the High Court writ x 2.

    That removes that worry and puts your counterclaim on a possibly stronger footing IMHO, because you can honestly say how distressed you are and that you acted to stay the writs and only paid the £5000 under extreme duress and under protest.

    It might even mean you won't need to counterclaim ...if a writ is in play you can fast track to a hearing.

    It still means paying the £5k but:

    It's similar to what @SoJacob did. Read her thread from the start (it is looongggg).  She avoided a CCJ, paid the amount under protest but also applied to stay the writ, and for a £14 outlay she had a Judge at her first hearing order DCB to return all her money!

    You might find (as she did) your applications to stay the writs are accepted and lead to a hearing, for just 2 x £14, which is a darn sight cheaper than a counterclaim and doesn't need the detailed pleading.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LionsShare
    LionsShare Posts: 91 Forumite
    10 Posts First Anniversary Name Dropper
    I am worried about HCEOs arriving this weekend.

    I don't want to scare you but protect yourself:

    Do not let them in and I suggest hiding your vehicles in a closed garage even if it is at a friend's.  HCEOs can clamp and remove vehicles.  

    Tell your family NOT to open the door to a bailiff nor say yes if they ask to come in. NO.  SHUT THE DOOR. Don't leave an accessible downstairs window or back gate open.  

    If I were you - as your first priority - I'd put this 'claim 4' defence to one side this month and ring the CCBC FIRST THING MONDAY and ask if High Court writs have been applied for claims 2 and 3.

    If they have, IMMEDIATELY pay £14 per claim to stay the writs and whizz two signed and completed N244 x 2 applications by email over to the CCBC asking in each, for an Order to stay the High Court writ x 2.

    That removes that worry and puts your counterclaim on a possibly stronger footing IMHO, because you can honestly say how distressed you are and that you acted to stay the writs and only paid the £5000 under extreme duress and under protest.

    It might even mean you won't need to counterclaim ...if a writ is in play you can fast track to a hearing.

    It still means paying the £5k but:

    It's similar to what @SoJacob did. Read her thread from the start (it is looongggg).  She avoided a CCJ, paid the amount under protest but also applied to stay the writ, and for a £14 outlay she had a Judge at her first hearing order DCB to return all her money!

    You might find (as she did) your applications to stay the writs are accepted and lead to a hearing, for just 2 x £14, which is a darn sight cheaper than a counterclaim and doesn't need the detailed pleading.
    Thanks I am following your advice today. Will call CCBC now. 
    I have also now managed to raise the £5500 to pay claims 2&3 today. Just want to make sure I do this correctly. I have done it before (claim 1) but want to double check again as this is a lot more money: I pay DCBLegal direct to their bank account via bank transfer right?
    Do I also need to inform the courts to inform them I've paid it? / is there anything else I should do to be sure the ccj will be removed?
    Thanks again
  • LionsShare
    LionsShare Posts: 91 Forumite
    10 Posts First Anniversary Name Dropper
    I have spoken to CCBC now and they say that high court writs have been applied for.

    She was confused that I wanted to stay the writ but also was going to pay in full ...but she sent the form and told me to contact my local county court to apply.

    I told her I am contesting the judgements however paying them in full (under protest).
  • LionsShare
    LionsShare Posts: 91 Forumite
    10 Posts First Anniversary Name Dropper
    Hi again. Have been reading through @SoJacob 's thread.  Just trying to get my head around how to fill in the N244 form. Can someone please advise? Do I need to include my defence with the form? Any help appreciated. Thanks
  • Coupon-mad
    Coupon-mad Posts: 151,970 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 June 2023 at 12:45PM
    No defence at this stage.

    DO THIS TODAY:

    Just append a signed and dated WS, signed under a statement of truth, stating why you need to stay each writ and set aside the CCJ because the claims went to the wrong address, the amount demanded is hugely exaggerated and wrongly calculated in the CCJ and you wish to defend both in full. Two forms, two identical WS except for the claim number.

    The N244 says you want an Order to stay the writ and set aside the CCJ.

    Get this done immediately as the HCEOs really won't hang about.  They could be with you having already clamped your car this afternoon or tomorrow morning.

    And yes pay DCBLegal immediately, the amounts on the default notices, but DO NOT RING THEM (it would tip them off to send HCEOs sooner) and you MUST include some case identifiers (claim numbers) to reference the payment.  Carefully make sure you ID the correct claim number to the correct payment.

    Take screenshots to show the HCEOs.  This is urgent.  Hide your cars inside a garage somewhere as they WILL come.  Warn the family.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LionsShare
    LionsShare Posts: 91 Forumite
    10 Posts First Anniversary Name Dropper
    Update: no sign of bailiffs as yet. My car is still parked 3 miles up the road. My children think I'm going insane.

    Bank transfers to DCB Legal were made in full for claims 2 & 3 yesterday. 

    I have drafted a concise witness statement and pasted below - I have no idea how detailed this needs to be so I have kept it brief at this stage.  (please advise). Once complete I will email along with my N244 form to the court.

    I feel like I need to argue an abuse of process and double recovery of fees.?? This is not the last of it - DCBLegal continue to bombard me with letters and there will no doubt be more claims to come. This time sent to my correct address.

    Should I be cross referencing my other claims and/or mentioning the ongoing pursuit? 

    In the County Court


    Claim Number: #######

    (Claimant)

    UK PARKING CONTROL LIMITED

    V

    ######################

    (Defendant)

    WITNESS STATEMENT OF DEFENDANT

    1.       I am ######### of ##############, and I am the Defendant against whom this claim is made. The facts below are true to the best of my belief and my account has been prepared based on my knowledge. This is my supporting statement to my application dated ######## requesting to:

     

    a)       Stay the high court writ

    b)      Set aside the County Court Judgement

     

    2.       In my statement I shall refer to exhibits within the evidence supplied with this statement, referring to page and reference numbers where appropriate. I will say as follows:    

    DEFAULT JUDGEMENT

    3.       The claim form, judgement and all other paperwork regarding this claim were sent to a previous address and therefore the claim was not served correctly

    4.  The amount demanded is hugely exaggerated and wrongly calculated in the CCJ

    5.   I wish to defend the claim in full and respectfully ask that the court orders that the judgement be set aside to allow me time to prepare my defence with all the necessary documents required.

    6.  It should be noted that I am a small business owner providing accommodation as a freelance letting agent. The site of the alleged offence is the car park for a flat which I am under contract with the owner to manage and maintain. Therefore I, and others who work for my company require use of the car park in order to carry out duties and obligations relating to this contract and the ongoing work and maintenance involved.

    8.  I was forwarded the claim form by a previous neighbour at an old address on ######. This was the point at which I was first aware of the claim.

    9.  I sent a letter to the claimants on ######## requesting to see documents required in order to prepare my defence. No reply has been received.

    10.   I sent an email reminder to the claimant on ######## again requesting required documents. No reply has been received other than an automated response.

    11. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system across the country.

    Furthermore ex-Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. The right Honourable Sir Oliver Heald on 23 December 2016 announced “a crackdown on unresolved debts which can damage people’s credit ratings without them knowing.” The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses.

    The Minister added “ it cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgements. That in the digital age we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals rather than simply relying on a letter to an old address.”

    12. I strongly feel that there has been an abuse of process and an attempt to double recover fees

     

    Statement of truth:

    I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

    SIGNATURE

     

    DATE:


  • Coupon-mad
    Coupon-mad Posts: 151,970 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 June 2023 at 3:05PM
    I think that's enough.  Except for the wrong spelling of 'judgement'. There's no middle 'e'in a legal context.

    When you email that, if when you phone to pay the fee, the CCBC asks for £275 per case, call a halt and DO NOT PAY THAT and just change the request to an Order to 'Stay the Writ' (with no mention of the CCJ).

    Then pay just £14 fee x 2.

    The whole point if this tactic is to SAVE money not spend it; you are trying to achieve what SoJacocb did for only 2 x £14 fee.

    That's the aim. It's cheaper than a counterclaim fee but 2 x £275 isn't so DON'T agree to that!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LionsShare
    LionsShare Posts: 91 Forumite
    10 Posts First Anniversary Name Dropper
    Ok thanks for fast reply. Will do.
    Do I need to send supporting evidence (as I've mentioned I will) or is that not necessary at this point?
  • Coupon-mad
    Coupon-mad Posts: 151,970 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 June 2023 at 3:49PM
    Not necessary, keep it simple and when you phone the CCBC fees Team, say you've applied to STAY THE WRIT and just need to pay 2 x £14 in fees.

    Do not refer to 'setting aside a CCJ'.

    Hopefully the clerk won't look too closely.  

    DO NOT PAY £275.  If you have to change your wording for the Order you seek, then take 20 mins to change it, ring back and ONLY pay the £14 x 2.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LionsShare
    LionsShare Posts: 91 Forumite
    10 Posts First Anniversary Name Dropper
    Got it. Thanks
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 598.9K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.