UK PC Claims received

Coupon-mad

Very good!

@Alfieb93 just won this week at Luton (not a set aside, a defended claim hearing) and he said that the Judge was 'clearly on his side':

https://forums.moneysavingexpert.com/discussion/comment/80112293#Comment_80112293


And @95Rollers won last year at Luton too:

https://forums.moneysavingexpert.com/discussion/comment/79896679#Comment_79896679

Don't be complacent - court is a lottery - but we found in recent years that Southampton, Peterborough, Luton, Manchester or Warwick area courts were the most "anti-PPC" and pro-consumer!

LionsShare

Coupon-mad said:

Very good!

@Alfieb93 just won this week at Luton (not a set aside, a defended claim hearing) and he said that the Judge was 'clearly on his side':

https://forums.moneysavingexpert.com/discussion/comment/80112293#Comment_80112293


And @95Rollers won last year at Luton too:

https://forums.moneysavingexpert.com/discussion/comment/79896679#Comment_79896679

Don't be complacent - court is a lottery - but we found in recent years that Southampton, Peterborough, Luton, Manchester or Warwick area courts were the most "anti-PPC" and pro-consumer!

That's good to hear!

Email to DCBL sent.

I will start a new thread for the 4th Claim.

Boat_to_Bolivia

I've nothing to add to the excellent and expert advice given to you by CM et al, I just wanted to wish you all the best

LionsShare

Just a quick question: I am stressing a bit about these CCJs (not) being removed (I'm already experiencing the negative affects). I called the courts to ask if they're showing as paid yet and the lady I spoke to said no, and they've had no word from the claimant with regard to them being paid. 
Is it ok to email Luton court at this point myself to show that they have been paid (and provide evidence)?  I'll make it clear that they were paid in protest etc.

KeithP

LionsShare said:

Is it ok to email Luton court at this point myself to show that they have been paid (and provide evidence)?

Yes, do that.

LionsShare

Hi all, just an update: Nothing at all heard from anyone since letter from the court and my subsequent emails to DCB Legal and also the courts (with evidence of CCJ payments).
CCJs are still showing as unpaid which is so annoying. Apparently the court have a 'backlog.'  Said 'backlog' doesn't seem to exist when applying the CCJ (just when removing it) ....which is interesting. 
Should I be doing anything in preparation for 16th August hearing? 
Thanks as always.

Coupon-mad

Read other CCJ threads that have got past hearings.  Not just the two I searched & found.  If this is your first hearing to set aside the CCJs then read other threads that are like yours.

@Harvez63

@parkingpains1

@Jack5656

to name just three of hundreds this year.

LionsShare

OK, will do. Thanks again

LionsShare

Hi all, I have received an email from DCBL with letter attached which they have filed to the courts.

Just to explain: I made x2 payments for each of the claims - my original payments on 29/6 were made using the figure I had written down but when double checking my credit report a few days later I realised in horror that the CCJ amounts were slightly more so I quickly paid the balance for each one. Emails were sent to DCBL and courts (with screenshots of banks statements as evidence) confirming all of this, and the total correct amount for CCJs were paid in full. All well within the 30 days.
Also should be noted that in their letter DCBL have made a typo: on the 2nd claim they have said I paid £2061.08 on 29/6  when in fact I paid £2016.08. Their incorrect amount also makes their calculation of £240.56 remaining incorrect.

I did not receive any enforcement letters and had no knowledge of alleged extra amounts added to the claim

Here is a link to the letter:

https://www.dropbox.com/scl/fi/v0p8wiravpcnhw13p7p7o/Letter-from-DCB.pdf?rlkey=zu1qg83rd6q5zqjtk1k02o9wb&dl=0

Do I need to respond to it?

Thanks

Coupon-mad

No, just take it to the hearing on 16th along with a hard copy of a DRAFT DEFENCE (using our template defence) in case the Judge wants to see that you have 'good prospects of defending the claims' (be prepared to talk about the PCNs and signs and whatever!)..

I'd do yourself a crib sheet for the hearing to keep you focussed,  with bullet points:

- first page a timeline of your house move(s) and that you updated your address on your driving licence, council tax, utilities, bank & credit card and were (would have been) easy to find with a - CRA fee 28 pence - 'soft trace' (which the Govt's helpful JULY 2023 analysis confirms costs a parking firm no more than £1.50 in total, including minor auto-admin costs);

- it would be easy to establish for a massive legal and bailiff group like DCB, that the old address didn't exist any more so it was wrong to revert to that very old address when 'soft traces' - if they bothered to make any (why didn't they exhibit the proof?) - showed it was out of date;

- there is nothing in the existing BPA Code of Practice or the new incoming statutory DLUHC Code that days a parking firm or their agents can 'revert' to the oldest address after finding a new one, not even if they get no reply (indeed the Government's Code says PPCs must 're-issue the PCN at the original rate' if a new address is found);

- the whole point of a soft trace is to discover the correct address for service;

- note in bullet points how much the PCNs started at,

- note how much a claim for xx PCNs (single claim) should have added up to at £100 per PCN plus one capped £80 legal rep fee, plus filing fee applicable to a single 4 figure claim;

- note how much was added PRE-ACTION (£60 or £70 per PCN) and add a URL link to the DLUHC's new (31st July 2023) detailed analysis in their draft Impact Assessment to support the decisions (made in Feb 2022, 18 months ago) including BANNING 'debt fees' (that link is in the Template Defence anyway) ... this shows that an unconscionable sum was added pre-action;

- and final observations that DCB has failed to explain:

(a) why they added £70 per individual PCN - adding up to what - four figures extra?! - when according to the Govt's analysis, they (named sources including DCB Group) told the DLUHC that handling a case actually costs under £9 (in total, per case, not per PCN);

(b). Why they split the case into two claims which doubled the court fees, their solicitors knowing that trite law (Henderson v Henderson) shows is an abuse of the court process - cause of action estoppel;

(c).  Why they have not told the court to remove the CCJs from the record because they were paid in full by the amount stated on the Court judgments, within 30 days;

(d). Why have the bailiffs DCB Ltd (not DCB Legal) added what looks to be £200ish per CCJ within 30 days, and how exactly was this inflated enhancement calculated, and how was it lawful, given:

(i) they did NOT serve an Enforcement notice

(ii). DCB Ltd did NOT attend the property;

(iii). The bailiff reform rules state that the first bailiff fee (on first notice served - which was NOT reached but is called 'compliance stage') is capped at £75 ...

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/how-bailiffs-should-treat-you/check-bailiffs-fees/

Type of fees	Fixed fee	Percentage extra you’II pay for debts over £1,000
Writing to you about your debt       (called ‘compliance’)	£75	None