DCBL Letter after CCJ Ordered!

Coupon-mad

Give it a go and also at the same time email ParkingEye to ask if they will accept £60 to consent to set aside the CCJ* under the circumstances (explain why the claim was missed AND that you've complained to the retail park, and thought an offer to pay £60 would be reasonable to draw a line under it and wipe the CCJ).

enforcement@parkingeye.co.uk

*DO NOT USE A DIFFERENT FORM OF WORDS.  Not 'cancel' & not 'settle'.

ZigZagPixel

Coupon-mad said:

Give it a go and also at the same time email ParkingEye to ask if they will accept £60 to consent to set aside the CCJ* under the circumstances (explain why the claim was missed AND that you've complained to the retail park, and thought an offer to pay £60 would be reasonable to draw a line under it and wipe the CCJ).

enforcement@parkingeye.co.uk

*DO NOT USE A DIFFERENT FORM OF WORDS.  Not 'cancel' & not 'settle'.

Ive read through a few helpful threads and drafted an email to be sent to ParkingEye:
enforcement@parkingeye.co.uk.

Some of the content in this draft may be unknowingly irrelevant and so any recommended adjustments to the draft would be welcomed:
------------------------

Dear Parking Eye,

This email is in regards to a County Court Claim; reference: ********

On XXXXX you issued a County Court Claim against me to recover the outstanding amount for an unpaid ticket relating to a parking event that took place on XXXXXX.

I only became aware of the claim once the CCJ had been issued as I did not receive any correspondence in relation to the County Court Claim Form.

In finding out I have been issued with a CCJ, I contacted CNBC to confirm the Date of Claim. The date of claim corresponds with the dates that I was not in the country and therefore, even if I did receive the Claim form (which I did not), I would have not been able to respond to the Claim Form by its deadline. 

The CNBC were unable to confirm whether the Claim Form was delivered to the correct address or not and also stated that the Claim Form was sent via Second Class Standard postage, not First Class.

On this basis, the claim was not correctly served nor in line with CPR 6.3; in particular CPR 6.3 (b): “first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A”.

As I never received the Country Court Claim Form, I was unable to file Acknowledgement of Service nor a defence. 

I have also approached and complained to the retail park in which the parking event occurred, that I am a genuine regular patron and regular customer to which I am awaiting their response.

In light of the above, I kindly request that you consent to set aside the CCJ, with myself accepting to pay the initial amount of £60.

I believe this to be reasonable and cheaper for yourselves and myself (as I am classified of Low Income and therefore will apply for help to cover Court Fees) considering the same outcome would be achieved in a non-consent set side.

Please respond within 7 days.

Kind Regards,

Coupon-mad

Two typos: 'country'

But apart from that - send it!

ZigZagPixel

Coupon-mad said:

Give it a go and also at the same time email ParkingEye to ask if they will accept £60 to consent to set aside the CCJ* under the circumstances (explain why the claim was missed AND that you've complained to the retail park, and thought an offer to pay £60 would be reasonable to draw a line under it and wipe the CCJ).

enforcement@parkingeye.co.uk

*DO NOT USE A DIFFERENT FORM OF WORDS.  Not 'cancel' & not 'settle'.

Email to be sent to Regional Manager of Starbucks. (A long shot but might as well try i guess)

Dear ******,

This email is in regards to a Parking Charge Notice (PCN) I received in July 2023 in the car park of your ***** store.
I am contacting you as you are my only point of contact as I was unable to find the Site Agent/Landowners contact details, and was provided with your details instead.
 
This PCN has now incurred me with a County Court Judgment (CCJ) which will affect and remain on my credit file for x6 years.

On the day of the incident I was a genuine patron of your store (which I have evidence for) and infact was issued a PCN for being a customer of your store for too long!

Myself and my family have been regular customers until I was issued with a CCJ and now feel extremely uncomfortable and uneasy and we have not been back since.

I understand this is a long shot as you are not in charge of the parking however my humble request to you, is that you request Parking Eye to "consent to set aside" the CCJ (which essentially means to cancel the court claim), with myself agreeing to pay the initial £60.

I would be extremely grateful if you could email them to do so and copy me in the email.

----------------

^^^^ What you think?!

Coupon-mad

Yes give that a go. Together it might work.

If not you must apply for a set aside without consent this month without fail. You must act promptly with a set aside. Days not months!

ZigZagPixel

Coupon-mad said:

Yes give that a go. Together it might work.

If not you must apply for a set aside without consent this month without fail. You must act promptly with a set aside. Days not months!

PE has responded to my email for Consent to Set Aside, and as anticipated they refused and directed me to DCBL to discuss anything further regarding the PCN. Outstanding amount = £297.

Firstly I would like to say thank you thus far, since receiving their email I have read through tons of threads trying to get my head around how to fill out the N244 form, how to write a draft order, witness statement etc. I have almost given up several times and was going to pay the £297 but I have come, what feels to me, a long way in learning, reading and researching!

You and this forum have been very helpful thus far, and although I feel like im hanging on a string, im hoping to give it one last push.

The following posts will be my Order, Draft order, WS etc. I got this template from KeithP I believe. 

Since it has been a few days, I thought I would post a recap of the events so far.

Recap & Summary  of events so far:

1) XX/07/2023 PCN > Received letter from Parking Eye (PE) x5 days later = £100 (£60)

2) XX/08/2023 PE sends Liability Letter = £100

3) Did not receive LBCCC.

4) XX/10/2023: LBC was sent but Did not receive LBC > Was Out of Country 19/10/2023 - 25/10/2023 

(x5 days of the x19 days you can reply to the LBC by, although never received!)

5) 21/11/2023: CCJ letter received in Nov > Date of letter end Oct 2023 > Ordering to pay £227 to PE.

Was out of country 09/11/2023 - 19/11/2023.

6) End/12/2023: Received letter from DCBL with Parking Charge increased: £297.

7) 15/01/2024: Request PoC from CNBC, confirmed Claim Date (xx/10/2023) and that ClaimForm sent via 2nd class.

8) 17/01/2024: Emailed Area Manager of Starbucks from CarPark to ask PE for Consent Set Aside > Incorrect Email.

9) 17/01/2024: Emailed PE to consent set aside > Refused Set aside.

10) 22/01/2024: Applying for Court Fees Help, Typed Order, Draft Order, WS.

ZigZagPixel

The following post is my Order, Draft order, WS etc. I got this template from 'Henrik77' I believe.

Underlined is what i don't understand and underneath in brackets is why I'm questioning it (Sorry don't know how to change text colours).

---------------------------------------------------------------

Order - Box 3:

An order that the judgement in default is set aside pursuant to CPR 6.3, 13.2, alternatively 13.3, and the defendant be allowed to file a defence in the case. The defendant only discovered the judgement when they received the County Court Judgment (CCJ) Letter dated xx/10/2023.

(Am I trying to file a defence or just get the CCJ removed. Is a defence required?)

Box 6 - Hearing Duration: 15 mins or 30 minutes.

Box 10: Draft Order, WS, draft defence and other evidence such as PE letter, flight details,etc

Draft Order - Box 10:

Northampton County Court Business Centre

Claim No. XXXXXX

BETWEEN:

Parking Eye

– and –

XXXXXX

_________________________________

DRAFT ORDER

_________________________________

Upon reading the defendant’s application dated.

(1. Is this meant to say CLAIMAINT’S Application?

2. What application did I or PE write that I saw?)

It is ordered that:

1. The judgement dated xx/10/2023 be set aside.

2. The Claimant to pay the Defendant’s costs of this application on an indemnity basis.

(I don't understand what this means?)

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on XXXXXX the claim will be struck out without further order. 

(Do I mention this? Or not needed for me?)

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm XXXXXX

(Do I mention this? Or not needed for me?)

5. All enforcement be put on hold pending the outcome of the application.

6. Should the court reserve costs in the case as an alternative to paragraph 2, such costs of this application will become payable if the claimant discontinues it's claim.

(I don't understand what this means?)

Witness statement - Box 10: 

Northampton County Court Business Centre

Claim No. XXXXX

BETWEEN:

Parking Eye

– and –

XXXXX

_________________________________

WITNESS STATEMENT OF YOUR NAME

_________________________________

I , MY NAME & ADDRESS, being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgement in this case (Claim No. XXXXX, Judgment dated XX/10/2023) be set aside.

(Claim date and Judgement different dates, which one do i put?)

2. I learnt of the existence of this claim on 21/11/2023 when I received a letter from the Northampton County Court Business Centre ordering payment of the judgement detailed in paragraph 1. [EXHIBIT A; Insert CCJ Letter] 

3. I was out of the country on 09/11/2023 - 19/11/2023 [EXHIBIT B; Insert Flight Ticket]

4. I did not receive the Letter Before County Court Claim (LBCCC) nor the County Claim Form, prior to the CCJ letter.

5. I later discovered the Date of Claim was 04/10/2023, which was confirmed by the CNBC; and it was confirmed to me that the Claim Form was sent via second class standard postage which means the claim was not correctly served nor in line with CPR 6.3; in particular CPR 6.3 (b): “first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A”. 

(Is this correct to put here or is apart of my defence if im going for one? Do i also mention CPR 13.2

6. On 15/01/2024 I made a written request to the Claimant, inviting them to consent to set aside the judgement due to the reasons in paragraph 4 & 5.

7. The Claimant turned down my request and directed me towards Direct Collection Bailiffs, whom they have now passed the Parking Charge to. (Relevant?)

8. I therefore respectfully request that the Court sets aside the judgement in this claim and allows 14 days for me to submit my defence. (Relevant?)

Statement of Truth

I, XXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: ________________________________

Dated: ________________________________

Coupon-mad

That's a years-old Statement of Truth.  And that's.a very short WS.

Judgment has no middle 'e' in this context.

Upon reading the defendant’s application dated.
(1. Is this meant to say CLAIMAINT’S Application?

It's your N244 application!

The Draft Order (word doc with blank dates) is what you want the court to order for you, the Defendant.

UPON is meant to be in capitals in this context.

ZigZagPixel

Coupon-mad said:

That's a years-old Statement of Truth.  And that's.a very short WS.

Judgment has no middle 'e' in this context.

Upon reading the defendant’s application dated.
(1. Is this meant to say CLAIMAINT’S Application?

It's your N244 application!

The Draft Order (word doc with blank dates) is what you want the court to order for you, the Defendant.

UPON is meant to be in capitals in this context.

I have amended accordingly and will post once other points are clarified.

Coupon-mad said:

That's a years-old Statement of Truth.  And that's.a very short WS.

Where do i find the latest Statement of Truth (I found this one from Newbies and ended up on 'Henrik77' template).

Regarding the WS, I don't know what else to put? What info would make it stronger?
I feel my brain is frying doing this.
Any extra help would be highly appreciated.

Le_Kirk

ZigZagPixel said:

Where do i find the latest Statement of Truth (I found this one from Newbies and ended up on 'Henrik77' template).

Regarding the WS, I don't know what else to put? What info would make it stronger?
I feel my brain is frying doing this.
Any extra help would be highly appreciated.

Statements of truth can be found on the defence template (defences) and on any of the exemplar witness statements pointed at from the NEWBIE sticky.