DCBL Letter after CCJ Ordered!

ZigZagPixel

Afternoon People,

My first post here so apologies in advance if there's basic questions or info I miss out in this post - I have read the Newbie post & a lot of examples of people's threads/posts etc. and have got a better understanding but this situation seems to slightly vary from what I have read.

Long story short (as much as I can make it):

- Summer last year, unknowingly, overstayed 20/30mins in a Private Starbucks car park (Max allowed is 2hrs).

- Received letter from Parking eye a month or so after for a fine for approx £60.

As per experience and bad advice, ignored all letters thereafter.

- A few letters later, received CCJ letter (Nov 2023) ordering to to pay £227 to Parking Eye - seems Letter before claim was undelivered or ignored; Residence is a large Estate so sometimes letters go elsewhere - Anyways, thought this was another bogus letter and ignored.

- Most recently received a letter (Jan 2023; letter dated end of Dec 2023) from DCBLtd (Direct Collection Bailiffs Ltd) with the heading "NOTICE OF DEFPT RECOVERY - Unpaid County Court Judgement"...."...have 14 days from the day of this letter to pay the outstanding debt...". The 14 days has expired and debt remains unpaid. Debt has increased to just under £300.

My main question is this, from what I read I believe this still can be potentially set aside by completing N244 form, however Im not sure there are any grounds to set aside. The name and address are correct. Yes there may have been a letter before claim that wasn't received, but this cannot be proven. In all honesty, if it has to be paid then fair enough; just want the CCJ removed.

What are the options?

Please keep the language and steps as simplified as possible as reading through all this info has been extremely helpful but at times confusing.

I hope someone replies soon to avoid me just paying when there's a way out.

Appreciate the help in advance! - Letter attached below...

Le_Kirk

I am afraid you have missed the deadline for payment and not have it affect your credit file, your option is, as you surmise, N244. Plenty of advice in NEWBIE sticky second post.

ZigZagPixel

@Le_Kirk much appreciated for the response.
Ive checked the NEWBIE post but can't seem to find what one should do as I don't believe there are grounds to apply for Set Aside.
Name and Address are correct on the letters. 

Any help?

Not_A_Hope

seems Letter before claim was undelivered or ignored; Residence is a large Estate so sometimes letters go elsewhere - Anyways, thought this was another bogus letter and ignored. 

Putting aside the Letter Before Claim did you receive and ignore a claim form from the courts. If so you lost by default. Paying it will not remove the CCJ and it will just be marked as satisfied.

If you did not receive a claim form e.g. it was sent to a different (e.g. former) address then you have grounds for a set aside. If you don’t know you could ring the CNBC and ask where it was sent to.

Le_Kirk

One other option apart from claim form not served correctly is that you have a good prospect of defending the underlying claim. 

Coupon-mad

ZigZagPixel said:

@Le_Kirk much appreciated for the response.
Ive checked the NEWBIE post but can't seem to find what one should do as I don't believe there are grounds to apply for Set Aside.
Name and Address are correct on the letters. 

Any help?

There may be grounds under CPR 13.3 if you state that this DCB letter was the first you knew of the claim.  And if you act promptly next week to put in the application with the CNBC. And if you have good prospects of defending the claim.

 In all honesty, if it has to be paid then fair enough; just want the CCJ removed.

Paying it now would NOT see the CCJ removed.

ZigZagPixel

Not_A_Hope said:

Putting aside the Letter Before Claim did you receive and ignore a claim form from the courts. If so you lost by default. Paying it will not remove the CCJ and it will just be marked as satisfied.

Don't recall any  Claim form letter from the courts - I don't even know what that is; I'm assuming the letter before the CCJ letter where you have 30days to pay off the fine?

The only letter I remember seeing, was CCJ letter which had the County Court Business Centre address.

Not_A_Hope said:

If you did not receive a claim form e.g. it was sent to a different (e.g. former) address then you have grounds for a set aside. If you don’t know you could ring the CNBC and ask where it was sent to.

CNBC = Civil National Business Centre? If i call them and they say it was delivered to the same address, how can I disprove that?

This is all brand new to me and a lot to take it so apologies if I'm asking basic Q's.

ZigZagPixel

Le_Kirk said:

One other option apart from claim form not served correctly is that you have a good prospect of defending the underlying claim. 

How do you mean exactly? Could you elaborate please?

ZigZagPixel

Coupon-mad said:

ZigZagPixel said:

@Le_Kirk much appreciated for the response.
Ive checked the NEWBIE post but can't seem to find what one should do as I don't believe there are grounds to apply for Set Aside.
Name and Address are correct on the letters. 

Any help?

There may be grounds under CPR 13.3 if you state that this DCB letter was the first you knew of the claim.  And if you act promptly next week to put in the application with the CNBC. And if you have good prospects of defending the claim.

1) How do I put in an application to the CNBC? I googled CNBC and ended up at a dot gov website with a load of contact numbers/emails. Confusing:

2) Is there a fee for this?

3) Will that pause DCBL from furthering this claim via Bailiffs etc? < One of the things I'm most worried about.

4) Also, what part of CPR 13.3 would my claim, of first being aware once DCBL letter arrived, fall under?

5) You mentioned if i "have good prospects of defending the claim"; what does that mean?

Really appreciate the help thus far.

CPR 13.3:

(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

(Rule 3.1(3) provides that the court may attach conditions when it makes an order)

Coupon-mad

We can't spend time answering the 'basics' questions that are already on the forum in the Announcement thread at the top, that posters are kindly asked to read first.

You need to read the CCJ set aside section of the NEWBIES thread. It's all there for you with linked examples.

There are also DOZENS of current CCJ set aside threads just like yours, e.g. this one where the OP is working on their WS and Draft Order:

https://forums.moneysavingexpert.com/discussion/6497489/please-help-to-set-aside-ccj-in-the-uk/p1

Le_Kirk

ZigZagPixel said:

Le_Kirk said:

One other option apart from claim form not served correctly is that you have a good prospect of defending the underlying claim. 

How do you mean exactly? Could you elaborate please?

Coupon-mad said:

There may be grounds under CPR 13.3 if you state that this DCB letter was the first you knew of the claim.  And if you act promptly next week to put in the application with the CNBC. And if you have good prospects of defending the claim.

Answered above by @Coupon-mad