Assistance with Ccj set aside PLEASE

mommy3

Hi, I'm a newbie and have been trying to get my head around all the newbie threads 
It's a lot of information to take in but I am trying

Can I ask for some assistance please?
I am quite slow right now as I'm dealing with a lot of personal vulnerable issues so please bear with me if I'm not quick to heed your advice first time round

I'll share all the screen shots of the emails ...

I received a letter from DCB LEGAL about an outstanding PCN I emailed them on the 20th of November 2023 from the advice of my GP stating I hadn't received the original pcn and informing them of my current vulnerable situation. I told them I have informed the driver at the time  

They emailed me back stating it was too late for me to appeal

So emailed them back stating by no means am I "appealing" as it is not my responsibility 

They emailed me back stating they will no longer be pursuing me for the fine

So I presumed it was all sorted
Then when I was going through all my mail on the 31st January I see a letter from the Civil National Business Centre which is a Claim form dated the 5th of January 2024

I tried calling Court number all day but did not get through to speak with anyone on how I can deal with it. I went on the moneyclaim.gov.uk website but got an error warning that the site wasn't safe and I shouldn't enter any sentive details on the site so quickly shut the page down

The following day the 1st of February 2024 I received another letter from the County Court stating "Judgment for Claimant" in default that letter is dated the 29th of January 2024

So I now have a CCJ which is the last thing I need on top of everything else going on

I am confused though as the Claimant is Parking eye Ltd but payment and correspondence is to DCB LEGAL 
I have never had any interactions with Parking eye
And the last email interaction I've had with Dcbl was on 01/12/23 when they emailed to state they were no longer pursuing me 
Parking eye did not send me anything stating they would be taking over the pursuit 
I'm so confused 

28 days from their first letter from the CNBC  would have been the 2nd February 2024 but they put me in default on the 29th of January 2024

I need step by step help with how to deal with this please

I know this all probably sounds very jumbled up but I'm trying to put all the details in as best as I can

If you got this far thank you and I hope your head isn't hurting from reading this!

Coupon-mad

Oh, so what you did was you emailed DCB Ltd.

Not DCB Legal.  Was the letter you were emailing about in November from DCB Ltd or DCB Legal?

Do you qualify for Help with Fees? Google it and tell us.

And show us the Particulars of Claim on that early January Claim form. Tell us about the parking event and PCN.

KeithP

One has 14 days following service of the Claim to respond to a Claim Form. 
You failed to do that so you got a default Judgment against you.
I can't see any good reason to have that Judgment set aside.

When did the postman deliver the Claim to you? Can you perhaps blame the postal service for late delivery?

Harsh as it might seem, your only option now is to pay the Claimant the amount the Court has stated.
Failure to do that within the timescale allowed will see a County Court Judgment remaining on your credit file for six years.
That will make it very difficult for you to obtain credit during that time.

ParkingMateUK

How to Set Aside a CCJ

The CCJ can be set aside on the basis of a good reason. A good reason includes being able to demonstrate if you have a realistic chance of winning the case or if you can demonstrate that the parking charge notice, claim form, or if parking eye failed to comply with BPA AOS or POFA 2012.

I would do the following (simple version):

• Make a SAR to Parking eye for a copy of your data, then prepare n244 and Witness statement to defend the case
• If you have a strong case, ask Parking Eye to consent and agree to the set aside application
• You have to raise some credible legal challenges to be able to make them to agree
• Considering they claimed £176, their claim is likely excessive and should be dismissed

It is important to note that it is not guaranteed that the CCJ will be set aside, as it ultimately depends on the evidence and arguments presented.

mommy3

Coupon-mad said:

Oh, so what you did was you emailed DCB Ltd.

Not DCB Legal.  Was the letter you were emailing about in November from DCB Ltd or DCB Legal?

Do you qualify for Help with Fees? Google it and tell us.

And show us the Particulars of Claim on that early January Claim form. Tell us about the parking event and PCN.

I emailed collections@dcblltd.com the email address which was on the back of the letter they sent me
Did I email the wrong people?

Are DCBL and Parking eye the same company?

Yes I am entitled to help with fees

mommy3

ParkingMateUK said:

How to Set Aside a CCJ

The CCJ can be set aside on the basis of a good reason. A good reason includes being able to demonstrate if you have a realistic chance of winning the case or if you can demonstrate that the parking charge notice, claim form, or if parking eye failed to comply with BPA AOS or POFA 2012.

I would do the following (simple version):

• Make a SAR to Parking eye for a copy of your data, then prepare n244 and Witness statement to defend the case
• If you have a strong case, ask Parking Eye to consent and agree to the set aside application
• You have to raise some credible legal challenges to be able to make them to agree
• Considering they claimed £176, their claim is likely excessive and should be dismissed

It is important to note that it is not guaranteed that the CCJ will be set aside, as it ultimately depends on the evidence and arguments presented.

Thank you for responding 

So the email that I received from DCBL stating they are no longer pursuing me isn't sufficient? I just don't understand how it went from that email to it being sent to CNBC without any of the parking firms contacting me to let me know they were still in pursuit of this ..where did I go wrong in dealing with this?

My apologies for my naivety 

mommy3

KeithP said:

One has 14 days following service of the Claim to respond to a Claim Form. 
You failed to do that so you got a default Judgment against you.
I can't see any good reason to have that Judgment set aside.

When did the postman deliver the Claim to you? Can you perhaps blame the postal service for late delivery?

Harsh as it might seem, your only option now is to pay the Claimant the amount the Court has stated.
Failure to do that within the timescale allowed will see a County Court Judgment remaining on your credit file for six years.
That will make it very difficult for you to obtain credit during that time.

To be very honest I don't know when the postman delivered the claim form. I'm so absent with dates right now 

I'm unable to pay the ccj right now

Thank you for responding 

Coupon-mad

If you are definitely unable to pay it, then you have no option but to apply to set it aside, as long as you perhaps qualify for Help with Fees? 

Google it and check if you qualify, otherwise the application costs a huge £275 court fee.

You'd be copying the examples linked in the second post of the NEWBIES thread - section about setting aside a CCJ - using CEL v Chan as en exhibit because those Particulars of Claim are woeful.

EDIT: you can truest @troublemaker22 (a solicitor) if he is able to help you.

troublemaker22

@mommy3 I’ve sent you a DM

mommy3

Thank you all so very much I'm truly grateful for you're replies and assistance 
Bless you all

jcarver007

Coupon-mad said:

If you are definitely unable to pay it, then you have no option but to apply to set it aside, as long as you perhaps qualify for Help with Fees? 

Google it and check if you qualify, otherwise the application costs a huge £275 court fee.

You'd be copying the examples linked in the second post of the NEWBIES thread - section about setting aside a CCJ - using CEL v Chan as en exhibit because those Particulars of Claim are woeful.

EDIT: you can truest @troublemaker22 (a solicitor) if he is able to help you.

Just jumping on here sorry. I have a similar issue to. Am I right in thinking that the £275 is just the court cost. And potentially its the claimant costs on top of this?
£275 seems hugely excessive?