Out of the Blue: CCJ Debt letter (for an alleged pcn) – dcbl (/UK Parking Control ltd)

Char_LoT3

Hi MSE forum,

Looking for some help!

Friday 23/2/24 I have received a letter completely out of the blue, from dcbl (Debt Collection Bailiffs Ltd), titled: NOTICE OF DEBT RECOVERY – Unpaid County Court Judgment £XXX.xx

Client is: UK Parking Control Limited

Date of CCJ: xx/10/23

Looks like a generic threatening debt collection letter, one of the last lines is: ‘This case is not subject to High Court or bailiff action, however should you fail to contact us, our client may consider enforcement action.

I am guessing this means I will not have a Court Bailiff knocking on the door any time soon and have some time to deal with this?

No information about the Parking issue at all.

All completely out of the blue, not a single letter about parking from them received.  Obviously this has left me quite worried!! But doing some reading here over the weekend I am a little calmer, looks like this has happened to quite a few people and can be dealt with?!

A quick check for CCJ’s found nothing against my name and current address (I have been here for about 3.5 years to current date), however searching on my previous address, there is indeed a CCJ, I can guess what has happened here, most likely the alleged parking issue has happened around the time I moved, they have got the old address from the DVLA and sent all their love note there, including initial speculative invoice with opportunity to appeal etc, letter before action and court action correspondence, what is odd is I did have a postal re-direct setup for some months after moving.   Thus has progressed to a default CCJ been made in my absence.   I have not had any knowledge of, and thus have not been able to defend.

So my first question is how do I deal with this? 

I have started reading the FAQ and looking at all the linked posts, head spinning currently while digesting and trying not to worry to much about it:  

-          Am I correct in thinking first thing to do is fill in and file form N244 to apply for a set aside request, with the County Court?

 

-          Am I also correcting in thinking I should NOT be contacting dcbl or UK Parking Control Limited at this point in time (and confirming them my current address…) and they will only carry on sending threatening letters at this point?

 

-          Should I be worrying about the original parking issue at this point and finding out details off (I’m 100% in the dark currently)? or is the aim to get a set aside and on the basis they did not do much home work to ascertain my correct address to serve court paper to (they seem to have found it pretty quickly when looking for payment…).

 

-          Is there anything else I have missed I need to be doing first off?

 

It’s funny how they have managed to find my new address in less than 4 months since the CCJ was found against me, but couldn’t in the likely 3 Years before that…. And is it a coincidence the amount they are after is very similar to the Court fee for filing the set aside request??

Also reading another post (from Coupon-Mad) seems that dbcl seem to be taking quite a few people to the brink of court action, offering a ‘deal’ for cash or backing down if still challenged, I’m guessing they then go through with the easy ones, like mine, where they are not getting a response and are banking on having an old address, to avoid a challenge so then get a default CCJ and hope this will be enough of a scare to get a settlement when they miraculously find the correct address post CCJ?!

Regards,

C

Coupon-mad

Am I correct in thinking first thing to do is fill in and file form N244 to apply for a set aside request, with the County Court?

 Yes

-          Am I also correcting in thinking I should NOT be contacting dcbl or UK Parking Control Limited at this point in time (and confirming them my current address…) and they will only carry on sending threatening letters at this point?

If it's a single PCN case there will be no bailuff knocking as it's under £600.

 

-          Should I be worrying about the original parking issue at this point and finding out details off (I’m 100% in the dark currently)?

No.

or is the aim to get a set aside and on the basis they did not do much home work to ascertain my correct address to serve court paper to (they seem to have found it pretty quickly when looking for payment…).

Yes - and asking the court to strike out the entire claim as per CEL v Chan.

 

-          Is there anything else I have missed I need to be doing first off?

Read the 5 exemplar CCJ set aside cases linked in the Newbies thread. The most recent one probably includes Chan.

Get a copy of the 'POC' from the CNBC (insist they email you the POC & DON'T say 'the claim form') and ask who is the Claimant parking firm and on what date did they issue that claim and to what address? 

Debszzzz2

When you moved, did you update the address on your V5C logbook? Many people update their driving licence but forget to update the V5C. They are not connected.

You need to phone the CNBC and ask them to email you the Particulars of Claim (PoC) while you are on the phone to them. Find out the date of the claim.

Under no circumstances contact DCBL or UKPC. The claim will have been filed by DCB Legal.

You will need to apply for a set aside under CPR 13.2 with CPR 13.3 as a fallback. 13.2 is a mandatory set aside. Without seeing the PoC, there could be reason for the claim to be thrown out at the set aside. If not, you will have to submit a defence. However, UKPC/DCB Legal will discontinue before any hearing.

They only got this judgment because it was by default. At the set aside, if the claim is not thrown out, you must make sure you ask for the £275 set aside fee to be refunded by the claimant otherwise to be reserved.

Plenty of info on setting aside in the Newbies/FAQ thread.

Char_LoT3

Thank you for the replies!

@ Coupon-Mad

Thanks for the answers, pointers and confirming things.  I am presently reading through and digesting the FAQ linked posts etc.  ( Slow going for an autistic brain and not familiar with things private parking and CCJ's, so taking some time to digest and understand ).

 

@ Debszzzz2

Thanks for your thoughts!  Having gone looking for my v5c to check  I haven’t been able to find it, thinking about it I don’t recall ever getting it back and a quick check with the DVLA they still had my old address.   It looks like it didn’t ever get there, and I missed that it hadn’t come back in all the chaos of moving…. Frustrated with myself for that.  I have immediately applied for a replacement v5c with the newer address updated on it.

Obvious question is how does that affect my dealing with this?  I am assuming on the basis they seem to go for the easy low hanging fruit and likely would not follow through to pursuing a claim if re-heard, the expectation is little to no effect, unless I have to defend myself?

 

So currently I am:

-          Reading through & understanding the FAQ/Newbie thread linked posts on dealing with CCJ’s in absents

-          Need to contact Civil National Business Center to request the Particulars of Claim

-          I will NOT be contacting dbcl or UK Parking Solutions at this point

-          Making an application for a set-aside (waiting on PoC details and finishing reading though the related threads, before doing that)

Thanks very much!

Coupon-mad

Yes but do it all this week. You must act promptly.  It's one of the things the Judge will look at.

Char_LoT3

Coupon-mad said:

Yes but do it all this week. You must act promptly.  It's one of the things the Judge will look at.

Thanks Coupon-Mad,  I am currently trying to request the PoC from CNBC, on hold on the phone....
    
I am not clear if you are advising to get the N244 form done as well, i.e. before receiving the PoC ( I gather from what I have read the N244 should only be dealing with the set-aside, not the PCn?  but things like 'likely hood of defending the claim' are considered, so knowledge of PoC seem to be relevant ?? ).  Or should I be waiting for the PoC before filing the N244 form?

Coupon-mad

The POC can be emailed to you immediately. 

Insist!  Don't ask for 'the claim form' just the POC by email on the spot.  Not a promise to do it...!  Stay on the phone.

troublemaker22

@Char_LoT3, the reason you are holding on the phone is to get information that you need in order to prepare your N244, so obviously you can't complete the form before you have received and studied the information.  The minimum information you need is:

1.  The particulars of claim (to be emailed to you while you are on the phone);

2.  The issue date of the claim:

3.  The address to which the claim form was sent;

But you should also ask for a copy of the judgment

Once you have all that, we can guide you on how best to proceed.  

Char_LoT3

50 minutes waiting on hold, I have received, emailed over to me, the PoC below and I have paid for a copy of the Judgment (waiting for it to arrive).

Chap on the phone would not email over the PoC  while on the phone and quickly put me through to a colleague dealing with getting a copy of the Judgment (required a payment @ £14.00).  So I need to go back to them and as for the issue date of the Court claim and to what address it was served, am I right in assuming this would be best asked for in writing (via email)?

This is only 12 months ago, they seem to have been very quick in taking it to County Court by the start of October 2023 .... Have to hold my hands up, it is my fault I did not realize the V5 had not come back after moving, so DVLA did still have my old address at the time of this happening.  Hoping that does not change the fact I was unable to defend myself and they could have reasonably done a bit more due diligence having not had any replies at all (fair assumption this is not their first rodeo and must have encountered lack of response before and know it's a good sign of an old address)? 

Been only 12ish months ago, I have a recollection of the parking incident, 3 hour stay camera controlled shopping center car park, I think I may have over stayed the 3 hours ever so slightly at the various establishments.... 

Question: Point 5. Is that reference the signage forming a contract that said the driver would pay within 28 days if overstaying, or are they suggesting that they have had correspondence to that effect, but never received payment?

Claim No: xxxxxxx

Claimant: UK PARKING CONTROL LIMITED

Claimant solicitor:

Telephone:

Reference: xxxxxxxxxx

Judgment amount: 277.xx

 

Particulars of claim:

1.THE DEFENDANT(D) IS INDEBTED TO THE        CLAIMANT(C) FOR A PARKING CHARGE(PCN) ISSUED TO THE VEHICLE *REG* AT CENTURY RETAIL     PARK, DALTON WAY WATFORD WD17 2SF.         

2.THE PCN DETAILS ARE 0X/03/2023,            *PCN NUMBER*                               

3.THE PCN WAS ISSUED ON PRIVATE LAND, WHICH  IS MANAGED BY C.                            

4.THE VEHICLE WAS PARKED IN BREACH OF TERMS  AND CONDITIONS PROVIDED BY SIGNAGE (THE      CONTRACT), RESULTING IN THE PCN.             

5.THE DRIVER AGREED TO PAY WITHIN 28 DAYS BUTDID NOT; D IS LIABLE AS THE KEEPER.  DESPITE REQUESTS, THE PCN IS OUTSTANDING.            

6.THE C CLAIMS £170 BEING THE TOTAL OF THE   PCN AND DAMAGES.                             

7.C CLAIMS COSTS AND COURT FEES.             THE CLAIMANT CLAIMS INTEREST UNDER SECTION 69 OF THE COUNTY COURTS ACT 1984 AT THE RATE OF 8% A YEAR FROM 08/03/2023 TO 13/09/2023 ON   £170.00 AND ALSO INTEREST AT THE SAME        RATE UP TO THE DATE OF JUDGMENT OR EARLIER   PAYMENT AT A DAILY RATE OF £0.02.

( Edited to try and sort the formatting of the PoC )

KeithP

Re: point 5...

The allegation is that by parking the driver agreed to the terms of the contract.

Those contract terms are the terms on the signs.

Almost certainly there is a term on the signs stating something like "if the driver doesn't park in accordance with the rules then he agrees to pay £nn within 28 days...".

Also worth noting that in those PoCs there is no indication of what the driver is alleged to have done wrong.
This will be easy to defend. Wait for others to tell you about Chan.

Coupon-mad

So I need to go back to them and as for the issue date of the Court claim and to what address it was served, am I right in assuming this would be best asked for in writing (via email)?

I think you have got enough info now.

You can now do your N244, WS and Draft Order, plus a Costs schedule including the £14 'judgment fee', the £275 N244 fee plus £95 ordinary costs for attending a court hearing.

Have a look at the linked examples in the CCJ set aside section of the NEWBIES thread.  I'm not sure - can't recall - if the most recent one shown as a CCJ set aside WS includes CEL v Chan. If not just take that wording from any WS that includes it (search the forum).