DCBL Letter after CCJ Ordered!

ZigZagPixel

Not_A_Hope said:

The clerk @ CNBC said the Claim form would’ve been sent to the same address as the other letters

That sounds like an assumption. Did you ask for or are they sending you a copy of the claim form

Tbh I never asked to send me Claim Form again - I will do in the morning if it’s going to be of benefit to me.

I asked for Date of Claim and PoC.

And yes it was an assumption, I clearly asked her “You can’t be sure if it was sent to that address but you’re assuming that?” To which she said yes.

KeithP

ZigZagPixel said:

Not_A_Hope said:

The clerk @ CNBC said the Claim form would’ve been sent to the same address as the other letters

That sounds like an assumption. Did you ask for or are they sending you a copy of the claim form

Tbh I never asked to send me Claim Form again - I will do in the morning if it’s going to be of benefit to me.

I don't think they have a copy of the Claim Form.
It's been mentioned several times on here and the best you'll get is the Particulars of Claim - which you already have.

Coupon-mad

ZigZagPixel said:

Not_A_Hope said:

The clerk @ CNBC said the Claim form would’ve been sent to the same address as the other letters

That sounds like an assumption. Did you ask for or are they sending you a copy of the claim form

Tbh I never asked to send me Claim Form again - I will do in the morning if it’s going to be of benefit to me.

No you won't because they won't send it.

ZigZagPixel

Coupon-mad said:

They are surely not sending claims SECOND class?! Are you absolutely sure she said that?

Firstly you could get the retail park to urgently 'lean on' ParkingEye this week and see if they will accept £60 to consent to set aside this CCJ.  If they will consent then the court fee is £108 and it's much quicker.

She 100% said it was sent 2nd class, repeated it more than once. I was quite shocked myself thinking such an important envelope is left in second class. 

I will go first thing tomorrow morning to the retail park and see if I can contact them. 

If I do get through to the site agents, is there anything in particular I need to ask them to do in terms of the process. I’m assuming giving my ref/claim no. to them is ok? 

ZigZagPixel

Sorry what I meant is, if they agree to set aside with a few of £60, how do I go about confirming that or beginning the process of doing so? 

Coupon-mad

The retail park are not agreeing to set aside. The retail park won't have a clue what you mean!  It's not their claim form.

Re-read what I said: get the agents to urgently (no delay) LEAN ON ParkingEye.

Obviously don't use that phrase...you are complaining and asking the retail park to step in for you, a genuine shopper; I told you what to say.  Of course you show them the paperwork but DON'T hand the originals over.

The retailer or site agent has direct email for ParkingEye.  Ask them to copy you in when they ask ParkingEye whether they will cancel for £60, of course.


Not for the retail park obvs:
This (below) gives you an extra piece of leverage to say the claim was improperly served and the delay by the courts breached the Practice Direction:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

Methods of service

6.3

(1) A claim form may  be served by any of the following methods –

(a) personal service in accordance with rule 6.5;

(b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;

(c) leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10;

(d) fax or other means of electronic communication in accordance with Practice Direction 6A; or

(e) any method authorised by the court under rule 6.15.

ZigZagPixel

Ok so the car park does not have any contact details of the land owner/site agents etc.

ALL signs only have the Email & Number of Parking Eye.

Only a few shops here so I went into Starbucks and asked them for the details and the manager had no idea and could only provide me with her Area Manager (as in Starbucks’ area manager)…

im assuming not to email Parking Eye as they won’t contest to set aside without any pressure from the Site Agent? 

Coupon-mad

What did the Starbucks Area Manager say?

ZigZagPixel

Coupon-mad said:

What did the Starbucks Area Manager say?

Apologies, I meant to say it was an email address she provided me with. Understandbly wouldn’t give me the number.

Yet to email as yet. I am trying inbetween work to get a moment to do so.

ZigZagPixel

Email isn’t going to get my point/urgency across enough. But I’ll give it a go.