DCBL Letter after CCJ Ordered!

ZigZagPixel

Coupon-mad said:

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.m

Apologies, i'm not intending to be difficult - I have read the NEWBIES post a few times over and understand what needs to be done, I'm just not sure what grounds I have to stand on, for a set aside, considering the Name and address on the letters are correct.

Yes, I don't believe i received the 'Letter before claim' or 'Claim form' but do I not need to be able to prove I didn't receive it?

The one thing that I recall is the Judgement for Claimant letter was dated 31/10/23. I assume the Letter before claim (which I don't believe I received) was before then which in Mid-Late Oct i was out of the country. Does that hold any weight?

Also in regards to the ORIGINAlL fine where i overstayed in the carpark, I have a knee-locking issue (which I can prove) which may be a reason to overstay? - I feel like I'm clutching at straws at the minute.

Coupon-mad said:

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

Thanks, read through this and was helpful!!!

Im really trying to get my head around it all so by Monday I can have all this ready to go before any DCBL encore Bailiffs!

ZigZagPixel

Le_Kirk said:

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

So the underlying claim to be defend - meaning the original Parking Eye Fine - is that the DCBL letter was the first i came to know of the CCJ? 

Coupon mad also said "if you have good prospects of defending the claim." I don't know if i have a good reasons to defend the claim, hence why I'm here.

ZigZagPixel

My next steps are (correct me if I'm wrong):

1) Contact CNBC on Monday (they're closed now) to see where the Letter before Claim letter & Claim Form from County Court (are theses 2 the same thing?) was delivered, as I did not receive them.

I only received the Judgement for Claimant letter dated 31/10/23.

2) If they confirm they were delivered to the same address, I feel like i am stuck...

3) Fill out N244 form... but again upon what acceptable grounds? 

I have done a lot of reading but I am really confused where I stand.

Im assuming I still should not pay DCBL?

troublemaker22

Definitely don’t pay DCBL. You will get no benefit from that.

ZigZagPixel

troublemaker22 said:

Definitely don’t pay DCBL. You will get no benefit from that.

Really trying to avoid doing that. But surely they can just increase the charges until it gets to bailiffs amount? 

I’m really hoping I get some clarity and steps I need to take! 

Coupon-mad

You covered up the amount of judgment but if it is under £600 no bailiffs will come knocking.  

You must act promptly.

The CNBC take 2 hours to answer the phone so try early on Monday morning and don't hang up.  You've missed what you must also ask!

You need to know the DATE OF ISSUE of the claim as well as where it was supposedly sent, AND you must ask the clerk to email you the PARTICULARS OF CLAIM ('POC') while you are on the phone. DO NOT accept a delay.

Do not be told another team does the emails or that this CNBC person on the phone 'can't'.  Stay on the phone and complain to their manager if they drag their heels on the POC email. You need the POC.


"Yes, I don't believe i received the 'Letter before claim' or 'Claim form' but do I not need to be able to prove I didn't receive it?"

No but you need to know the date of the Claim.


"The one thing that I recall is the Judgement for Claimant letter was dated 31/10/23. I assume the Letter before claim (which I don't believe I received) was before then which in Mid-Late Oct i was out of the country. Does that hold any weight?"

Yes - if the dates coincide.  The LBC is irrelevant.  The date of the Claim will have been earlier than you think. Sept or early Oct.

It may well have been delivered while you were away but surely you read all your post on your return?  Or is it a flat where post gets a bit muddled or lost in the entrance hallway?


"Also in regards to the ORIGINAL fine where i overstayed in the carpark, I have a knee-locking issue (which I can prove) which may be a reason to overstay? - I feel like I'm clutching at straws at the minute."

It is NOT a fine!  Do not call it that, in defence.

And you've seen no evidence of an overstay.  Maybe it was only 10 minutes.  Maybe it was pay & display and it took time to park then walk to the signs, read the terms, download a new app, put in all your details to set it all up from scratch, then pay.

MAYBE THE PARTICULARS OF CLAIM DON'T EVEN SAY THAT THE BREACH WAS 'OVERSTAY'.

ZigZagPixel

Coupon-mad said:

You covered up the amount of judgment but if it is under £600 no bailiffs will come knocking.  

You must act promptly.

The CNBC take 2 hours to answer the phone so try early on Monday morning and don't hang up.  You've missed what you must also ask!

You need to know the DATE OF ISSUE of the claim as well as where it was supposedly sent, AND you must ask the clerk to email you the PARTICULARS OF CLAIM ('POC') while you are on the phone. DO NOT accept a delay.

Do not be told another team does the emails or that this CNBC person on the phone 'can't'.  Stay on the phone and complain to their manager if they drag their heels on the POC email. You need the POC.


"Yes, I don't believe i received the 'Letter before claim' or 'Claim form' but do I not need to be able to prove I didn't receive it?"

No but you need to know the date of the Claim.


"The one thing that I recall is the Judgement for Claimant letter was dated 31/10/23. I assume the Letter before claim (which I don't believe I received) was before then which in Mid-Late Oct i was out of the country. Does that hold any weight?"

Yes - if the dates coincide.  The LBC is irrelevant.  The date of the Claim will have been earlier than you think. Sept or early Oct.

It may well have been delivered while you were away but surely you read all your post on your return?  Or is it a flat where post gets a bit muddled or lost in the entrance hallway?


"Also in regards to the ORIGINAL fine where i overstayed in the carpark, I have a knee-locking issue (which I can prove) which may be a reason to overstay? - I feel like I'm clutching at straws at the minute."

It is NOT a fine!  Do not call it that, in defence.

And you've seen no evidence of an overstay.  Maybe it was only 10 minutes.  Maybe it was pay & display and it took time to park then walk to the signs, read the terms, download a new app, put in all your details to set it all up from scratch, then pay.

MAYBE THE PARTICULARS OF CLAIM DON'T EVEN SAY THAT THE BREACH WAS 'OVERSTAY'.

Thank you!!! Ok I’m going to rummage through letters and see if I have any of the correspondence they’ve sent.

Will update when/if I find any. I defo remember seeing the original letter in which they had a photo of my car entering and leaving the car park.

Its not pay & display, I know that for sure. I’m a short drive away from the car park!

but thanks again!!! Much better understanding. 

Will update when I have new info. 

KeithP

A couple of times you have said "I don't believe I received...".
Nothing assertive like "I did not receive...".

You are now talking about "rummaging through letters".

Frankly, this to me looks like you probably did receive the stuff and it is still in a heap of unopened mail "awaiting your attention".

Is that a possibility?

ZigZagPixel

KeithP said:

A couple of times you have said "I don't believe I received...".
Nothing assertive like "I did not receive...".

You are now talking about "rummaging through letters".

Frankly, this to me looks like you probably did receive the stuff and it is still in a heap of unopened mail "awaiting your attention".

Is that a possibility?

No. I was not sure as I mentioned that I ignored the letters initially, so there was a possibility I may have missed it, although I do not recall seeing it.

However I have now found all the correspondence and for sure I did not receive the letter before claim or the claim form letter (not sure if these are the same thing or not). 

My post below will have all the dates of the letters.

Would be grateful for any further advice/assistance…

Coupon-mad

Advice already given hasn't changed.  I have told you exactly what to ask on Monday.