Help/advice needed for Set Aside (UKPC/DCB legal)

Bobby2k2

Hi all 

I have previously successfully defended a claim at court from UKPC with lots of help from this forum and was also awarded costs (no locus standi etc)

In fact, UKPC tried to file another claim some years letter at the same location. They quickly dropped this after further help from the forum with drafting my witness statement and pointing this out. 

I now need some help for my partner who only recently discovered via her credit report that she had a CCJ issued against her back in January 2023. 

This is at the same location as mine above. My partner actually lived at this location until early late Dec 2022 and had a valid parking permit and disabled badge for the bay she always parked in. 

We have not seen a PCN or any photographs and she never received a claim form.

Action taken thus far:

1) She wrote to DCB legal asking stating that she had a never received a claim form and asked them to consent to a mandatory set aside (under CPR 13.2) and for UKPC Ltd to pay the £108 court application fee.
She said she would  file a N244 set aside application with the court and seek to claim the £275 N244 fee and well as additional costs for being a litigant in person and having to take the day off work to attend the court hearing.

DCB legal responded by asking her to provide evidence that you did not reside at the address in which the Claim was served to.



2) She responded by reiterating that her initial email stated that she did not receive the claim form and that she did not know the reason for this as she did not know the date of the claim.

Irrespective of this, She also confirmed with land registry that she had completed the purchase of her new home in December 2022but again did not know the date of the claim or receive a claim form.

She also reiterated that she would file the N244 as above and gave them 3 days to respond. 

(FYI she now rents out the property in question and has access to the mail. UKPC/DCB legal did not send her a claim form).

DCB legal very swiftly responded saying the following:

Without Prejudice Save as to Costs

We write further to your email of **\**\2023, the contents of which are noted.

 

We confirm that our client would be prepared to consent to set aside the Judgment, however would not be prepared to bear the fee of £108.00, on the basis that the Claim was served correctly to your last known address in compliance with CPR 6.9.

 

As such, please confirm by return whether  you will be bearing the Court fee for filing the Consent Order. Should you be agreeable to paying the fee, we will draft a Consent Order and provide the same to you by return.

 

If you are unsure of your position, you may wish to seek your own independent legal advice.

I would really appreciate some advice, I am confident that she can defend this at court however, time is of the essence and the CCJ is impacting her ability to access credit so need this dealt with as quickly as possible.

Questions:

1) If she consents to bear the £108 fee would this be quicker than serving the N244 etc? We really need a quick solution in this case

2) If she pays the £108 fee to set aside the judgement can they bring a later claim for the same PCN? That being said, we would be confident to defend it if they did?

Any ideas??

Thank you in advance 

Coupon-mad

Yes consent would be a good few months quicker.  In the circs I think she should agree as long as their draft Consent Order includes dismissing the claim.  Not paying it.

Bobby2k2

Coupon-mad said:

Yes consent would be a good few months quicker.  In the circs I think she should agree as long as their draft Consent Order includes dismissing the claim.  Not paying it.

Thank you.

I have gone back to them and stipulated the above. I would have loved to take it further, but she really needs to access her credit. Let’s see, they don’t agree - west have to go the N244 route.

I will keep you posted.

Coupon-mad

Bobby2k2 said:

Coupon-mad said:

Yes consent would be a good few months quicker.  In the circs I think she should agree as long as their draft Consent Order includes dismissing the claim.  Not paying it.

Thank you.

I have gone back to them and stipulated the above. I would have loved to take it further, but she really needs to access her credit. Let’s see, they don’t agree - west have to go the N244 route.

Good.

If you AND your partner (ideally separately) could reply to this Inquiry that would be superb.  

...only DAYS left to do this relevant Inquiry linked & discussed here:

https://forums.moneysavingexpert.com/discussion/comment/80417494/#Comment_80417494

Really relevant because the reason there are delays in the work of the county court is because up to a THIRD of all claims under £1000 are parking.

Your paperwork will be great evidence.  This is about showing how parking firms abuse the court service and cause CCJs.

There should be a bespoke private parking protocol to resolve cases without court,  and which forbids PPCs from using old addresses.

I think if enough people say the above sort of stuff, this Justice Committee will go and talk to the DLUHC guys I'm dealing with, and hopefully recommend a new pre-action protocol to stop CCJs.

Please join us in this final push.

These MPs are inviting evidence not rants or opinion so we need people like you to respond, who are currently caught up in this nightmare that you are.

You want to change things?

This Committee is your voice.

As you know, the Government is already regulating the private parking industry, so they are listening and are aware of the scourge of unfair PCNs from rogues and bulk litigators.

Interested parties have until 22 December to make a submission to the committee.

It's vital that this Committee hears loud & clear that the problem is parking claims and bulk litigators dominating the small claims track.

Bobby2k2

Promptly received a response with the draft order from DCB legal (below).

It came with a copy of the long awaited claim form dated end of December. We never received this form.

Just wanted to know:

1) Is this ok to sign and pay the fee?
2) if it is, does anyone know what the next steps are in the process and how long it takes?

JerryJ64

It looks good... as long as you agree to pay the £108 fee.

Coupon-mad

Yes - looks as good as she'll get. 

Hope you do fit in that Inquiry by Friday, @Bobby2k2 because your lives have been dominated by this despicable industry for years. You have some great evidence to steer the Justice Committee.

Bobby2k2

Coupon-mad said:

Yes - looks as good as she'll get. 

Hope you do fit in that Inquiry by Friday, @Bobby2k2 because your lives have been dominated by this despicable industry for years. You have some great evidence to steer the Justice Committee.

We’re on it as we speak, don’t you worry.

Thank you!