Unexpected CCJ - Recovery of Debt letter from DCBL

Coupon-mad

You'd be best reading a recent one and copying their WS and evidence and draft Order. Loads on the forum this Autumn!  Search for

CCJ Draft Order Chan

and change to: NEWEST 

KeithP

I would suggest that you should send the Claimant a copy of everything that you send to the court.

fair2everyone

UPDATE - regarding obtaining the POC from CNBC - my son has been led a merry dance, ringing a second time he got the same person who said "I've already told you to email requesting details - you are correct there is no charge for the first request but £11 if you make a second request"  I then phoned the next morning and, obviously they wouldn't speak to me but said, as you all keep saying, tell him to phone in the morning and ask to have them emailed to him.  Whether mornings are the only time you can get a sensible response I do not know but he did indeed get the POC that same day.  Unfortunately, this has now taken him 10 days from the first time he phoned and I'm concerned that he still hasn't sent in his N244.

The POC is as follows:

Please see your case details below as requested.

 

Claim No:

 

Claimant: EXCEL PARKING SERVICES LIMITED

 

Claimant solicitor:  ELMS LEGAL LIMITED

Telephone: not available

Reference:

 

Judgment amount:  277.00

 

Particulars of claim:  THE CLAIM IS FOR A BREACH OF CONTRACT FOR    BREACHING THE TERMS AND CONDITIONS SET ON    PRIVATE LAND. THE DEFENDANT'S VEHICLE,       XXXXXX, WAS IDENTIFIED IN THE BERKELEY      CENTRE 24 HOUR PAY CAR PARK ON THE 26/04/2023 IN BREACH OF THE ADVERTISED TERMS AND        CONDITIONS; NAMELY PARKED WITHOUT PURCHASING A VALID PAY & DISPLAY TICKET FOR VRM. AT ALL MATERIAL TIMES THE DEFENDANT WAS THE         REGISTERED KEEPER AND/OR DRIVER. THE TERMS   AND CONDITIONS UPON ENTERING PRIVATE LAND    WERE CLEARLY DISPLAYED AT THE ENTRANCE AND IN PROMINENT LOCATIONS. THE SIGN WAS THE OFFER  AND THE ACT OF ENTERING PRIVATE LAND WAS THE ACCEPTANCE OF THE OFFER HEREBY ENTERING INTO A CONTRACT BY CONDUCT. THE SIGNS SPECIFICALLY DETAIL THE TERMS AND CONDITIONS AND THE      CONSEQUENCES OF FAILURE TO COMPLY, NAMELY A  PARKING CHARGE NOTICE WILL BE ISSUED, AND THE DEFENDANT HAS FAILED TO SETTLE THE           OUTSTANDING LIABILITY. THE CLAIMANT SEEKS THE RECOVERY OF THE PARKING CHARGE NOTICE,       CONTRACTUAL COSTS AND INTEREST.                                   

He still doesn't have much detail e.g. times of arrival/leaving etc  and Excel have now been kicked off that Car Park due to the landowner getting fed up with complaints so new signs mean he doesn't know what the terms and Conditions were - but getting anything from Excel Parking will presumably also take an age.  Consequently, a draft defence may be guesswork.  Is it better to send in the N244 with the little info we have - or delay until he can draft a proper defence.

Also, the original letter received 2 weeks ago from DCBL says he has 14 days to contact them - he hasn't done but that time is up today.  So I guess he will get a more threatening letter soon.

 

Coupon-mad

Do not delay the N244.

Do it tonight and email it tomorrow (him not you). Then he phones and pays the fee to make it live.

There is no draft defence recommended in any if the examples linked in the NEWBIES thread. Copy what they did except ALSO include CEL v Chan as per recent ones this Autumn - e.g. look what @Chesterfield1970 put together last week.

It's a WS and evidence of address, to show he was there to be found, and a THREE POINT Draft Order word document (separately).

fair2everyone

Thank you - I have read the @Chesterfield1970 thread and have started to suggest versions of that. I'm a little confused re the CEL v Chan - I did start to read this and thought it wasn't relevant but can't remember why - I've made a note "POC doesn't state breach" but his does - no valid ticket purchased. I'll look at it again.  Also, again confused re IPC member/BPA member - Excel are IPC and CEL are BPA with a different Code of Practice - IPC states :

22.1 Operators must take reasonable steps to ensure that the Motorist’s details are still correct if 12 months have passed from the Parking Event before issuing court proceedings.

In our case, only 5 months or so have passed - having said that, DCBL found him in 3 days!!

Coupon-mad

You are right that Chan doesn't apply, sorry my bad.  I assumed it does but your POC do state the breach. Forget Chan.

And in your case DON'T quote the CoP!

Do state this:

DCBL found him in 3 days

And he probably needs the SIX point Draft Order seen in the older examples in the NEWBIES thread CCJ section, because the whole claim isn't likely to be struck out at the first hearing.

fair2everyone

Thank you.  So if he goes back to the example by Henrik777, this is what he has so far.

Box 3

An order that the judgement in default is set aside pursuant to CPR 13.2, alternatively 13.3, and the defendant be allowed to file a defence in the case. The defendant only discovered the judgment when they received a letter from Direct Collections Bailiff Limited (DCBL) on 18/11/2023


Box 10

IN THE XXXXXXX COUNTY COURT - leave until decided which court???

Claim No. XXXXXXX

BETWEEN:

EXCEL PARKING SERVICES LTD

Claimant

– and –

Defendant

XXXXXXX

_________________________________

DRAFT ORDER
_________________________________


Upon reading the defendant’s application dated ……………….

It is ordered that:

1. The judgment by default against the defendant on 12th October 2023 is hearby set aside.

2. The Claimant do pay the Defendant’s costs of this application on an indemnity basis. Reserved?? or simply (£275)

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on XXXXXX the claim will be struck out without further order.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm XXXXXX
Do I leave the dates as above to allow the court to choose a date?

5. All enforcement be put on hold pending the outcome of the application.

6. Should the court reserve costs in the case as an alternative to paragraph 2, such costs of this application will become payable if the claimant discontinues it's claim.





IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXX

BETWEEN:

EXCEL PARKING SERVICES LTD

Claimant

– and –

Defendant

XXXXXXXX

_________________________________

WITNESS STATEMENT OF XXXXXXXXX
_________________________________

I , XXXXXXXX being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXX Default Judgment dated XXXXXXX) be set aside.

2. I learnt of the existence of this Default Judgment on the 18/11/2023 when I received a letter regarding a NOTICE OF DEBT RECOVERY from Debt Collections Bailiff Limited requesting payment of the judgment detailed in paragraph 1. [EXHIBIT A]

3. My address changed in November 2019 and I spent time staying at my parents’/in-laws’ address (and a redirection service was in place for 6 months) until my newly built house was ready and I moved in on 10/07/2020 [EXHIBIT B]

4. Once settled at my current address, I contacted various companies to update my address e.g. Bank, Mortgage provider, Driving Licence [EXHIBIT C]

5. On 19/11/2023, I used the TRUSTONLINE website to check for any CCJs and discovered one had been issued to my previous (permanent) address at the Civil National Business Centre on 12/10/2023.

6. On 20/11/2023 I telephoned CNBC to obtained details about the case. Initially they told me it was for a parking offence on 26/04/2023 whilst parking at Berkley Centre Car Park in Sheffield.

7. After researching what steps could be taken, on 21/11/2023 I rang CNBC again, asking for the Particulars of the Case to be emailed to me and was told I had to email my request and this could take up to 14 days to be processed. I sent the email that day.

8. After advice from a family member, I phoned again on 24/11/23 to request the Particulars of Claim and got the same member of staff who stated the same course of action. I explained that I had been advised that the details could be emailed on the same day, the response was that his system would not allow that and I had to wait for a reply to the email.

9. On 30/11/23 I phoned once again and this time was sent an immediate email with the Particulars of Claim.

10. I therefore respectfully request that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

Statement of Truth

I, XXXXXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: ________________________________

Dated: ________________________________

__________________________________________________________________________________
Any advice on the above would be much appreciated.  I also have the following questions:
1. I assume 4 months dead does not apply?
2. Does he include somewhere the details of CPR 13.2 and 13.3? - they are only mentioned so far in Box 3
3. Does he now include a draft defence as it is unlikely to be struck out at the first hearing?

Thanks again for taking time to help with this. 

fair2everyone

Coupon-mad said:

And in your case DON'T quote the CoP!

Do state this:

DCBL found him in 3 days

And he probably needs the SIX point Draft Order seen in the older examples in the NEWBIES thread CCJ section, because the whole claim isn't likely to be struck out at the first hearing.

He forgot to include this but should that be in the draft defence anyway - assuming there should be one?

Coupon-mad

There should not be a draft defence yet, because we've seen that taken as the defence and the CCJ set aside Judge might then turn the hearing he's paid for, into a mini hearing of the defence at his expense!

The WS could mention the CPRs 13.2 and 13.3 and explain how they apply (see any posts by henrik777 who has set it out loads of times in the past!

Typo here, a greengrocer's apostrophe!

6. Should the court reserve costs in the case as an alternative to paragraph 2, such costs of this application will become payable if the claimant discontinues it's claim.

fair2everyone

Thank you. I will revisit Henrik777 and update the WS and remove the apostrophe.