3+ year parking fine - DCBL

SJC1991

Hello, 

Yesterday I received a letter in the post stating that I now have a CCJ in my name from 11/8/2023. No real information about the CCJ or the reason for it just an amount and demands to pay the outstanding. I did call DCBL before I found this forum! I wanted to know what the fine was for and turns out a parking ticket from August 2020 on my old car. Now I moved addresses in May 2019 and I know I changed all details license, car registry to new address. They state all correspondence went to old address, except this one demanding letter I received yesterday. 

They basically said I had today to pay to cancel my CCJ. Now I know that a CCJ needs to be paid within one month to have it wiped. The CCJ on the letter is dated for the 11/8/2023. 

The odd thing was I do follow my credit report and there is no CCJ on there. So I paid the £6 on trustonline (CCJ registry) to see if it was on there, it is not! 

I once again called DCBL to discuss this (again before reading these forums) I asked if they could tell me the court that this was put through, they could not. They suggest I call the original client (civil enforcement ltd) but I cannot get through without a reference number which I do not have due to no correspondence at my current address. 

The other thing that got confusing was, when I was asking for the court name they gave me a reference number for the CCJ (but same one that is called claim number on yesterdays letter) they also stated that the CCJ ?award was granted to DCBL on the 18th December. So I am confused if my CCJ is not showing because it was only given on the 18th December or was it given on the 11th August and I am well out of the one month to stopped the CCJ. But surly if it was 11th August then the CCJ would show on credit reports and registry? 

I am conflicted on what to do next in terms of paying or not paying. I would have to borrow money to pay today and get this sorted but there has been no guarantee that this will sort the CCJ. They are saying I have 14 days from the date of the letter. Why what happens after 14 days? Because if the CCJ was awarded on the 11th August surely nothing would happen other than it be paid? If granted on the 18th December then surely I have longer to clear it for the one month timeline? 

Sorry I hope this makes sense if you need any more information please ask away. 

SJC1991

The letter I received yesterday. 

troublemaker22

Do you have a common name?  Is it possible that they got a CCJ against someone else with the same name and then performed a trace, found you, put 2+2 together and made 5?

Anyway, you shouldn't even consider paying a penny to these scum before getting to the bottom of it.  Start by sending cease and desist demands, a demand for compensation and subject access and erasure requests to the debt collectors and the parking company.  You can do it all in one email to the following addresses:

dpo@dcbltd.com,complaints@dcbltd.com, dataprotectionofficer@ce-service.co.uk, legal@ce-service.co.uk

Re: False CCJ

Dear Sirs,

I have attached a letter from Direct Collections Bailiffs Ltd ("DCBL") dated 20 December 2023.  The letter is addressed to me and is purportedly sent by DCBL on behalf of Civil Enforcement Ltd ("CEL"). The letter asserts that there is an unpaid County Court Judgment against me dated 11 August 2023 and demands payment of £329.33.

Naturally, DCBL's letter has caused me considerable distress.

I have checked my credit score and also paid £6 to view the records at Trustonline and can confirm that there is no County Court Judgment against me whether dated 11 August 2023 or otherwise.  I therefore require DCBL and CEL to do take the following steps forthwith:

1. to confirm that the letter was sent in error, that they will cease and desist from any efforts to collect money from me in connection with the judgment or parking charge to which the letter relates, that they will cease and desist from any action that could adversely affect my credit score and that they will immediately rectify any steps of that nature already taken;

2. to send me all personal information that each of them holds about me (for the avoidance of doubt this is a subject access request);

3.  to send me a cheque or cheques to a total value of £100 to compensate me for the distress and expense occasioned by  DCBL's letter (for the avoidance of doubt I am seeking a total of £100 and I do not mind how the two companies allocate this between themselves); and

4. immediately following the despatch of the said cheque(s), to erase my personal information from their databases and to cease communicating with me. 

Failure to take all the said steps by 4 pm on 10 January 2024 may result in my seeking remedy by means of whatever avenues are open to me.

I have attached proof of my name and address to show that I am the correct data subject.

Yours faithfully,

You will need to attach proof of name and address.  The best is a recent utility bill (not mobile phone).  Other options are available e.g. a driving licence or recent bank statement.  Be sure to redact all information that could be misused but obviously leave your name and address showing

Coupon-mad

Love it!

In my experience (because we've seen this before) I suspect they'll prove there is a CCJ that just hasn't found its way onto your record yet but come back here with the replies, and DO NOT pay it.

As you no longer own the car, you can't check the V5C for when the address changed on it.

But you can (as well as wot he said, above...and that poster is a solicitor so follow his advice first):

(a). email the DVLA data concerns email and ask what registered keeper address they gave out to CEL, and when, and what address(es) were registered to that car during your keepership (and on what date the old address was changed)

and

(b). Phone the CNBC at Northampton and give them the claim number and ask to be immediately emailed a copy of the Particulars of Claim and which address the claim was served to and when, and on what date was any CCJ granted and where and when was the Default CCJ letter sent.

Replies to ALL of the above are needed, so that you can move quickly to fill in a N244 application THIS MONTH, if and when you know there is a CCJ to set aside.

No bailiff will come round.  Not for under £600.

Coupon-mad

That letter from DCB Ltd (not DCB Legal) wrongly tells the recipient that "the court have found in favour of our client".

I hate that.

Not really true...

No court has done anything.

This is a default CCJ where the CNBC admit that there is 'no human intervention' whatsoever.

The Ministry of Justice say:

"you have the right to not be subjected to automated decision-making"

https://www.gov.uk/government/organisations/ministry-of-justice/about/personal-information-charter

But I'd argue that the CNBC do. Look at their answer to question 6 here!

https://www.whatdotheyknow.com/request/911586/response/2173662/attach/html/4/221026034%20Response.pdf.html

"6.  The County Court Business Centre (CCBC) is a bulk issuing centre, and all claims and Judgements are issued electronically with no human intervention". 

Yep.

Claimants are provided with a button 'Request Judgment' and that just happens automatically, with a nod and a virtual wink from the MoJ's AI system which makes these 'decisions' without a single actual person even glancing at it independently of the Claimant. 

The CNBC has let DCB Legal (or maybe CEL in-house) push the 'auto-CCJ' consumer credit rating destruct button after presumably improperly serving a claim to an old address.

No court has 'found in favour'. That sentence is misleading and arguably untrue, IMHO, and misleads every recipient in cases of default CCJs.

No Judge has even looked at it and nor has anyone at the CNBC (at all, not even the cleaner) looked at a single word of this claim ... except DCB Legal, the bulk litigator for the parking firm, who chose which address to use.

This rogue industry has been enabled and let loose with all the power and I honestly believe this system makes 'automated decisions' (pseudo decisions to grant requests for CCJs).

As such, it seems to me that the MCOL system - for default CCJs - operates in breach of the Data Protection Act 2018 and UK GDPR.

Please ring DCB up again and this time RECORD THE CALL PLEASE (just use two phones, with the one you use for the call, set on loudspeaker).

Do not pay.

Record what they tell you and please share the recording with us. DO NOT record the beginning when you give your data (and do not use their personal name or yours during the recording). 

troublemaker22

But do still send the email I drafted for you with the DCBL letter and proof of your name and address as attachments 

SJC1991

This is all amazing thank you so much I will get the emails sent today. I definitely still owned the vehicle in question when the parking charge was charged. I sold the vehicle in Jan 2022 but the registration was changed I just can’t remember the officially date but I am 99% sure I would have changed the address on my car within a year. But my mother still lived at the previous address until September/October 2020 which means any parking charges from August 2020 would have 100% been passed on to me. Could Covid of delayed it and then had the parking charges issued late? 

Coupon-mad

No.  The PCNs went somewhere.  The DVLA can tell you what address they handed out and when, and when you changed it while you still owned the car.

Ask the DVLA the exact questions I typed.  Nothing else, not 'when did I sell it?' or anything else like that.

SJC1991

Coupon-mad said:

No.  The PCNs went somewhere.  The DVLA can tell you what address they handed out and when, and when you changed it while you still owned the car.

Ask the DVLA the exact questions I typed.  Nothing else, not 'when did I sell it?' or anything else like that.

thank you 

SJC1991

troublemaker22 said:

Do you have a common name?  Is it possible that they got a CCJ against someone else with the same name and then performed a trace, found you, put 2+2 together and made 5?

Anyway, you shouldn't even consider paying a penny to these scum before getting to the bottom of it.  Start by sending cease and desist demands, a demand for compensation and subject access and erasure requests to the debt collectors and the parking company.  You can do it all in one email to the following addresses:

dpo@dcbltd.com,complaints@dcbltd.com, dataprotectionofficer@ce-service.co.uk, legal@ce-service.co.uk

Re: False CCJ

Dear Sirs,

I have attached a letter from Direct Collections Bailiffs Ltd ("DCBL") dated 20 December 2023.  The letter is addressed to me and is purportedly sent by DCBL on behalf of Civil Enforcement Ltd ("CEL"). The letter asserts that there is an unpaid County Court Judgment against me dated 11 August 2023 and demands payment of £329.33.

Naturally, DCBL's letter has caused me considerable distress.

I have checked my credit score and also paid £6 to view the records at Trustonline and can confirm that there is no County Court Judgment against me whether dated 11 August 2023 or otherwise.  I therefore require DCBL and CEL to do take the following steps forthwith:

1. to confirm that the letter was sent in error, that they will cease and desist from any efforts to collect money from me in connection with the judgment or parking charge to which the letter relates, that they will cease and desist from any action that could adversely affect my credit score and that they will immediately rectify any steps of that nature already taken;

2. to send me all personal information that each of them holds about me (for the avoidance of doubt this is a subject access request);

3.  to send me a cheque or cheques to a total value of £100 to compensate me for the distress and expense occasioned by  DCBL's letter (for the avoidance of doubt I am seeking a total of £100 and I do not mind how the two companies allocate this between themselves); and

4. immediately following the despatch of the said cheque(s), to erase my personal information from their databases and to cease communicating with me. 

Failure to take all the said steps by 4 pm on 10 January 2024 may result in my seeking remedy by means of whatever avenues are open to me.

I have attached proof of my name and address to show that I am the correct data subject.

Yours faithfully,

You will need to attach proof of name and address.  The best is a recent utility bill (not mobile phone).  Other options are available e.g. a driving licence or recent bank statement.  Be sure to redact all information that could be misused but obviously leave your name and address showing

I have sent this email thanks so much I will let you know any replies. 

Many thanks.

SJC1991

troublemaker22 said:

Do you have a common name?  Is it possible that they got a CCJ against someone else with the same name and then performed a trace, found you, put 2+2 together and made 5?

Anyway, you shouldn't even consider paying a penny to these scum before getting to the bottom of it.  Start by sending cease and desist demands, a demand for compensation and subject access and erasure requests to the debt collectors and the parking company.  You can do it all in one email to the following addresses:

dpo@dcbltd.com,complaints@dcbltd.com, dataprotectionofficer@ce-service.co.uk, legal@ce-service.co.uk

Re: False CCJ

Dear Sirs,

I have attached a letter from Direct Collections Bailiffs Ltd ("DCBL") dated 20 December 2023.  The letter is addressed to me and is purportedly sent by DCBL on behalf of Civil Enforcement Ltd ("CEL"). The letter asserts that there is an unpaid County Court Judgment against me dated 11 August 2023 and demands payment of £329.33.

Naturally, DCBL's letter has caused me considerable distress.

I have checked my credit score and also paid £6 to view the records at Trustonline and can confirm that there is no County Court Judgment against me whether dated 11 August 2023 or otherwise.  I therefore require DCBL and CEL to do take the following steps forthwith:

1. to confirm that the letter was sent in error, that they will cease and desist from any efforts to collect money from me in connection with the judgment or parking charge to which the letter relates, that they will cease and desist from any action that could adversely affect my credit score and that they will immediately rectify any steps of that nature already taken;

2. to send me all personal information that each of them holds about me (for the avoidance of doubt this is a subject access request);

3.  to send me a cheque or cheques to a total value of £100 to compensate me for the distress and expense occasioned by  DCBL's letter (for the avoidance of doubt I am seeking a total of £100 and I do not mind how the two companies allocate this between themselves); and

4. immediately following the despatch of the said cheque(s), to erase my personal information from their databases and to cease communicating with me. 

Failure to take all the said steps by 4 pm on 10 January 2024 may result in my seeking remedy by means of whatever avenues are open to me.

I have attached proof of my name and address to show that I am the correct data subject.

Yours faithfully,

You will need to attach proof of name and address.  The best is a recent utility bill (not mobile phone).  Other options are available e.g. a driving licence or recent bank statement.  Be sure to redact all information that could be misused but obviously leave your name and address showing

Coupon-mad said:

No.  The PCNs went somewhere.  The DVLA can tell you what address they handed out and when, and when you changed it while you still owned the car.

Ask the DVLA the exact questions I typed.  Nothing else, not 'when did I sell it?' or anything else like that.

Hello I have had this reply from civil enforcement legal team. 

Dear Sir/Madam,

We acknowledge your subject access request and endeavour to provide you with copies of all correspondence within one calendar month in accordance with GDPR.

In the meantime, for avoidance of doubt, please find attached our request for Judgment which was filed with the Civil National Business Centre. You are able to verify the legitimacy of this Judgment through the Court by calling 0300 123 1056.

Yours faithfully,