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

troublemaker22

Before going down the £275 route and drafting your N244 it’s worth exploring whether to challenge UKPC to join you in a consent order at their expense.  I’ve had 2 CCJs overturned this way in recent weeks. It turns on whether they breached the Civil Procedure Rules by not doing a soft trace to find you before issuing the claim of the kind they did after getting the judgment.  They were obliged to do this when you didn’t respond to the letter of claim sent to your old address (your delay in updating your vehicle registration is a red herring).

You can take out a free one month trial subscription to https://www.checkmyfile.com/ and discover what they would have found if they had been duly diligent. 

Nellymoser

And please consider supporting this.

So many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes. PPCs always claim discounted/full rate pcns/court claim letters were sent as dated though they offer no evidence to prove this.

Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP. Please sign/share @jmccabe petition closes 22nd june 2024.

https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable

 Thank you and good luck

Harvez63

I'm not sure if this helps, but I went onto Experian and clicked the tab "Current Address" (from memory), and it showed me at a different address at the time they submitted papers against me. Proving I was there to be found.

I'm thinking although you didn't update the V5, if on Experian it clearly shows you registered at a different address at the time - they could have found you if they bothered 

troublemaker22

@Harvez63 has hit the nail on the head.  The V5C address is irrelevant because the PPC can't access the DVLA register again immediately prior to issuing the claim.  They have to do credit reference agency (CRA) searches. The checkmyfile link I provided is a good one to use because it enables you to drill down into 4 different CRA databases to see what the PPC should have found.  And the fact that the debt collector was able to find the new address after the judgment was issued is good evidence of bad faith in the pre claim stage.

Mikeh2001

In case it's of interest to the OP, below link includes the rules.  I understand / hope that there is a precedent set that doing a soft check is "reasonable" step they should be taking, given how cheap and easy it is

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9

Wish the OP luck in seeking mutual consent (at claimants cost) Or set aside judgement (with costs fully recovered).

Char_LoT3

Thanks, 

RE: Above PoC details.  I had thought I had formatted the PoC details before posting it and I can’t yet go back and edit my post to sort out the copied court doc's rubbish formatting.

I have received a copy of the judgment, also seems they may have messed up charging me for, possibly the first copy should have been sent FoC, I think the chap dealing with the PoC was eager to get me off the phone i.e. didn’t want me trying to wait on the phone for him to sort emailing that over.

 

Copy of Judgment:

Lists Uk Parking Control Ltd as the claimant

 

Dated at the start of October 2023

Addressed to me at the old address.

 

Headed:

Judgment for Claimant

(in default)

 

To the Defendant

You have not replied to the claim form.

It is therefore ordered that you must pay the claimant £170.xx for debt (and interest to date of judgment) and £107.00 for costs .

You must pay the claimant the total of £277.xx forthwith

 

( Let me know if you need a picture of the document posted ).

 

c

Coupon-mad

No that's fine.  No-one normally asks for a copy of the judgment but at least that confirms that the Claimant gave the courts your old address, which is the crux of your application.

Char_LoT3

troublemaker22 said:

Before going down the £275 route and drafting your N244 it’s worth exploring whether to challenge UKPC to join you in a consent order at their expense.  I’ve had 2 CCJs overturned this way in recent weeks. It turns on whether they breached the Civil Procedure Rules by not doing a soft trace to find you before issuing the claim of the kind they did after getting the judgment.  They were obliged to do this when you didn’t respond to the letter of claim sent to your old address (your delay in updating your vehicle registration is a red herring).

You can take out a free one month trial subscription to https://www.checkmyfile.com/ and discover what they would have found if they had been duly diligent. 

Thanks troublemaker22,  would I do this via the court?  dbcl ? or going direct to UKPC?

Is it a case of writing a letter setting that out and offering them the opportunity to sort out before (wasting) going to the court to deal with or is that a more official process to follow (if so is it still via from N244 or another form, quick look I just get lots of links to legal companies looking to assist with..)? 

Sounds like it is worth a go, given the v5 should have been updated approx 3 years ago (my error I didn't ever clock it hadn't come back when I sent off, in all the other fuss of moving), and the court date was October 2023, fair assumption a soft trace would indeed have brought up the correct address and further fair assumption that this due dalliance was not done (and also evidenced by the many cases of these bulk litigators knowingly wasting the courts time like this with an mo of getting default judgments from undefended proceedings issues against old addresses....then adding they very quickly found the wright address to write to with there money owed CCJ letter...).

Check my file are showing current address from 2020 / 2021 (Equifax / Expirion) electoral register.  And show the CCJ 2023 against the old address.  So maybe more than just on the balance of probabilities?

If they refuse, would this further support the case that there MO is wasting court time (as part of my WS / Deference for the N244).

C

Char_LoT3

Nellymoser said:

https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable

Have done.

Coupon-mad

Char_LoT3 said:

troublemaker22 said:

Before going down the £275 route and drafting your N244 it’s worth exploring whether to challenge UKPC to join you in a consent order at their expense.  I’ve had 2 CCJs overturned this way in recent weeks. It turns on whether they breached the Civil Procedure Rules by not doing a soft trace to find you before issuing the claim of the kind they did after getting the judgment.  They were obliged to do this when you didn’t respond to the letter of claim sent to your old address (your delay in updating your vehicle registration is a red herring).

You can take out a free one month trial subscription to https://www.checkmyfile.com/ and discover what they would have found if they had been duly diligent. 

Thanks troublemaker22,  would I do this via the court?  dbcl ? or going direct to UKPC?

Is it a case of writing a letter setting that out and offering them the opportunity to sort out before (wasting) going to the court to deal with or is that a more official process to follow (if so is it still via from N244 or another form, quick look I just get lots of links to legal companies looking to assist with..)? 

Sounds like it is worth a go, given the v5 should have been updated approx 3 years ago (my error I didn't ever clock it hadn't come back when I sent off, in all the other fuss of moving), and the court date was October 2023, fair assumption a soft trace would indeed have brought up the correct address and further fair assumption that this due dalliance was not done (and also evidenced by the many cases of these bulk litigators knowingly wasting the courts time like this with an mo of getting default judgments from undefended proceedings issues against old addresses....then adding they very quickly found the wright address to write to with there money owed CCJ letter...).

Check my file are showing current address from 2020 / 2021 (Equifax / Expirion) electoral register.  And show the CCJ 2023 against the old address.  So maybe more than just on the balance of probabilities?

If they refuse, would this further support the case that there MO is wasting court time (as part of my WS / Deference for the N244).

C

Yes do that.  Use the words by @troublemaker22 and email it to DCB Legal.