DCB Legal Ltd Claim Form delayed in mail redirection abroad

1505grandad

https://www.contestorlegal.co.uk/blog-3/park-and-fine-not-this-time-how-one-motorist-a-sharp-lawyer-and-a-meticulous-court-dance-circled-rings-around-a-parking-ticket-juggernaut

You never know!!:-

"The Court, swayed by Mr. Yamba’s articulate presentation, set aside the judgment, struck out the claim, and granted summary judgment. The Claimant was ordered to pay costs amounting to £1,629.79."

neilflah

Hi All, so CBBC came back with this today:

Dear Sir/Madam

 

Thank you for your Email.

 

Please note that the fee to set aside judgement “with hearing or without hearing” and/or strike out claim is £275 as the judgement is already entered on the case.

 

Please send your N244 application notice and all supporting documents/evidence as a word or PDF attachment with your Email as the copy of your application has not been kept by the court.

 

If you require any further information please contact us at the below details.

 

 

neilflah

this is in response to my email:

I have applied for a CCJ set aside 'without a hearing’ because I live abroad.  Coming to a hearing in the UK would be prohibitively expensive.  As such, I thought the fee for an application without a hearing is £108 because I’m asking a Judge to strike the case out. No hearing needed.  Please can you check with your supervisor. 

Coupon-mad

Well they are insisting it's £275 so you have no choice. I'm surprised.

Make sure it is clear in your application that you cannot attend an in-person hearing AND how the court is to communicate dates and directions to you quickly.

neilflah

Hello All,

Update - upon calling CNBC in October to query the set aside fee another employee confirmed that the fee of £108 was correct and their colleague had made a mistake.  They assured me they would look into the matter and would be in touch.  Nothing until 26th January when I receive in the post my N244 application notice, Witness Statement and evidence returned along with a General Directions Order and Notice of Transfer of Proceedings.  The latter states 'To all parties:  As a result of an order made on 6 December 2023, this claim has been transferred to the County Court at St Helens.'  

The General Directions Order states Highview Parking Limited v Me
'Before Deputy District Judge xxxxx sitting at the CNBC
It is ordered that:

1.  The claim be sent to the County Court at St Helens for the application to be listed for hearing (on notice) and served.

Because the this Order has been made without a hearing, the parties have the right to apply to have the Order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of the service of this Order.  If the application is one which requires a hearing, and
a) the party making the application is the Defendant; and
b) the Defendant is an individual,
then upon the filing of the application the claim will be transferred to the Defendant's home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.

By the time I received this in the post at my new residence abroad the 7 day period had already expired.  

What shall I do now?  As always your help is greatly appreciated.

neilflah

I also received an email from DCB Legal a week before I received this bundle from CNBC:

Dear xxxx

We act for the Claimant in the above matter.

We note you have provided an email address within your Application. We intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise if there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received).

Unless you advise otherwise, we will assume there are not.

 Kind Regards,  

xxxxxxx

DCB Legal Ltd  

Coupon-mad

Did you ever give your full address in Poland to the court?

Yet they posted that Order to the address in the UK that they KNOW is where you cannot be reached in a timely manner and it is the very address which caused the CCJ in the first place?

And they overcharged you £275 instead of £108 because you explained you cannot attend a hearing without huge costs for flights?  

And have not refunded the difference?

And they have now processed it to be listed for a hearing that they know the applicant can't attend in person?

And they will be listing it for a hearing and sending Directions soon that they know (if they read the papers) you won't receive on time?!

neilflah

Hi Coupon-mad,

Yes, my full Polish address was listed as evidence in the form of Royal Mail redirection service and listed on the Statement of Truth.  

I've thrown away the postal envelope now but it was redirected yes and it was the address that caused the original CCJ correct.

The second person I spoke to at CNBC accepted that the £108 fee I paid was correct and that his previous colleague processing my case made a mistake, I didn't ever pay them the £275.  I didn't receive anything in writing/email confirming this however.

Yes, it appears that they are processing it for a hearing but offered me the opportunity to apply for a set aside (again) within 7 days of the date of the General Directions Order letter, 18/01/2024, but it didn't arrive in the post here in Poland til 26/01/2024.  My chance to respond gone.

Have they shared my email with DCB Legal as well?

KeithP

neilflah said:

Yes, it appears that they are processing it for a hearing but offered me the opportunity to apply for a set aside (again) within 7 days of the date of the General Directions Order letter, 18/01/2024, but it didn't arrive in the post here in Poland til 26/01/2024.  My chance to respond gone.

Doesn't it say something like "within seven days of service of the General Directions Order"?

Date of service is deemed to be five days after sending, so seven days after service is 30th January.

neilflah

Hi KeithP,

Are you advising to respond via email before the end of 30/01/2024?  I've already applied to have the CCJ set aside, I now have to do it all over again do I?