3+ year parking fine - DCBL

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.

I have spoken to CNBC - they did not have the correct address for me themselves and it was my old address. The actual car parking fine is from a restaurant that no longer exists. The car parking fine was from 30th October 2020 so later than I thought. ALL correspondence have been sent to my old address. The CCJ was granted on 9/8/2023. 

troublemaker22

@Coupon-mad and I have put our heads together. and we see a clear way to get the judgment set aside with a good chance CEL will have to reimburse your court costs. @Coupon-mad gets most of the credit for the following.

Please tell us 2 dates:

1.  The date CEL started the court case i.e. the date the claim was issued (not the date the judgment was issued). If you don't already have it, phone the court again

2. The date you updated the car registration to your current address. 

Assuming it all stacks up, we suggest sending writing to CEL along the following lines:

They acted improperly by causing the court to sue you at your old address as they obviously knew how to find your current address because their debt collector has just written to you there.  You had updated your vehicle registration ages go and had no chance to read and respond to the claim that they wrongfully sent to your old address.  Therefore, the judgment must be set aside so the case can be dealt with on its merits.  They must bear the cost.  They have 2 choices.  They can join with you in a joint application to the court for which they must pay the court fee of £108 plus your costs.  If not, you will go it alone, pay the £275 court fee and ask the Court to order them to reimburse you plus your own costs. We can't guarantee the court will make the costs award - but we are confident you can get the judgment set aside with a pretty good chance CEL will have to bear all the costs - though you might have to invest £275 at the outset.

Once the judgment is set aside, you can set about defeating them on the underlying PCN

What do you say? 

SJC1991

troublemaker22 said:

@Coupon-mad and I have put our heads together. and we see a clear way to get the judgment set aside with a good chance CEL will have to reimburse your court costs. @Coupon-mad gets most of the credit for the following.

Please tell us 2 dates:

1.  The date CEL started the court case i.e. the date the claim was issued (not the date the judgment was issued). If you don't already have it, phone the court again

2. The date you updated the car registration to your current address. 

Assuming it all stacks up, we suggest sending writing to CEL along the following lines:

They acted improperly by causing the court to sue you at your old address as they obviously knew how to find your current address because their debt collector has just written to you there.  You had updated your vehicle registration ages go and had no chance to read and respond to the claim that they wrongfully sent to your old address.  Therefore, the judgment must be set aside so the case can be dealt with on its merits.  They must bear the cost.  They have 2 choices.  They can join with you in a joint application to the court for which they must pay the court fee of £108 plus your costs.  If not, you will go it alone, pay the £275 court fee and ask the Court to order them to reimburse you plus your own costs. We can't guarantee the court will make the costs award - but we are confident you can get the judgment set aside with a pretty good chance CEL will have to bear all the costs - though you might have to invest £275 at the outset.

Once the judgment is set aside, you can set about defeating them on the underlying PCN

What do you say? 

That sounds good definitely trying to get them to agree first. I’m waiting for DVLA to return the date of when I changed address. Would it be quicker to ring them? The date on CEL’s ‘request for judgement and reply to admission form’ is 8/8/2023. Would that be the correct date? 

Coupon-mad

When you called the CNBC you hopefully asked them to email you the POC, like I think I advised?  

troublemaker22

SJC1991 said:

troublemaker22 said:

@Coupon-mad and I have put our heads together. and we see a clear way to get the judgment set aside with a good chance CEL will have to reimburse your court costs. @Coupon-mad gets most of the credit for the following.

Please tell us 2 dates:

1.  The date CEL started the court case i.e. the date the claim was issued (not the date the judgment was issued). If you don't already have it, phone the court again

That sounds good definitely trying to get them to agree first. I’m waiting for DVLA to return the date of when I changed address. Would it be quicker to ring them? The date on CEL’s ‘request for judgement and reply to admission form’ is 8/8/2023. Would that be the correct date? 

The date CEL started the court case - the date of the original particulars of claim.  If you haven't already done so, ask the court to email you the original claim and w can take it from there. 

Re-reading the thread, I can see that it's not a case where you reregistered the PCN car to your new home but rather sold it the year before the claim was launched and you're trying to confirm when the car was transferred out of your name on DVLA. Is that right?

SJC1991

Ah okay I did ask for this to be emailed but they changed the conversation quite quickly so I shall call back tomorrow and get this requested ASAP! 

Sorry no, I moved out of my previous home (2020), parking fine was October 2020. I sold the car in question in Jan 2022 but I cannot remember the date in which I changed this car to my new address when I moved in 2020. So I’ve asked the DVLA for this information. 

SJC1991

Coupon-mad said:

When you called the CNBC you hopefully asked them to email you the POC, like I think I advised?  

Hello, yes I asked and this was acknowledge but was quickly moved on to them talking about N244 form. I have got an email through but they didn’t include this so I shall call back tomorrow and make sure I get this sent out tomorrow. 

troublemaker22

What did it include?  At the same time as answering that, are you able to say roughly when:

1.  the PCN car stopped being registered in your name;

2. the PCN car stopped being registered at your old address;

3. any car was last registered in your name at your old address;

4.you moved out of your new address? 

SJC1991

troublemaker22 said:

What did it include?  At the same time as answering that, are you able to say roughly when:

1.  the PCN car stopped being registered in your name;

2. the PCN car stopped being registered at your old address;

3. any car was last registered in your name at your old address;

4.you moved out of your new address? 

The email only contained the N244 form, additional notes on filling it in and a claims form for expenses (but I do not qualify) and guidance on how to claim. 

1) The car stopped being in my name around Jan/Feb 2022
2) I cannot remember the exact date I changed over the V5C to my new address but have asked for this information from DVLA. 
3) Old address I had two registered cars the car with the PCN and another vehicle that was involved in a car traffic accident and was written off. 
4)I moved out around August 2020. 

Hope that helps some. I have been at work all day, I tried to get through to CNBC on my lunch break but the wait time was too long and I had to give up. I am currently on hold to them again now. Will make sure I ask them to send me the POC asap once I get through. 

Thank for all your help I really do appreciate it. 

troublemaker22

SJC1991 said:

troublemaker22 said:

What did it include?  At the same time as answering that, are you able to say roughly when:

2. the PCN car stopped being registered at your old address;

2) I cannot remember the exact date I changed over the V5C to my new address but have asked for this information from DVLA. 

I didn't ask for an exact date because I knew you were waiting to hear from DVLA for the exact date.

CNBC is a nightmare to reach by phone.  Your best bet is to be first in the queue when they open at 8.30 am on a weekday morning