CCJ - Elms Legal on behalf of Excel Parking

Crossy1982

Hi,

This is a follow on from my previous thread where i posted 2x CCJ in one thread so just splitting it out to avoid confusion.  Thanks to this forum and to @Coupon-mad for the advice so far.

A few facts: 

• CCJ relate to my wifes car which is registered in may name.
• We moved house on 07/01/2022.
• Date of Incident 15/07/2023.  First correspondence received at my current address 23/02/2024 from DCBL Ltd advising that I have an unpaid CCJ and that they have been instructed to collect the debt.
• V5c address was not updated but is now.

The initial letter says is that it is a notice of debt recovery for and unpaid county court judgement.  There is a claim number on there which seems to be the CCJ reference and a Client name of ELMS Legal Limited.

I called the CCBC and gave them the reference.  They advised that it relates to an Excel Parking car park where my wife had entered at 11:21 and exited at 12:28 and had not purchased a ticket or had overstayed the time limit.  They advised that the solicitor is called Elms Legal.

I called Excel Parking and asked them to send me the correspondence as I hadn't received any. After a small debate they reluctantly emailed it to me and all correspondence is addressed to my previous address.  There are 5 letters dated between 24/07/2023 and 09/10/2023.  My wife is adamant that she paid this but I'm not sure how we'll prove it this far down the line or if it even matters.  

I have since written to Elms Legal requesting that we apply for the CCJ to be mutually set aside and they have responded with tthe below letter.

Any advice on next steps so I don't mess it up would be most apprecated.  My bank have already written to me notifying that they have reduced by credit card limit, so i need to get moving with trying to fight this.

Many Thanks
Crossy

Coupon-mad

You could ask them if they will consent to the set aside if you pay the £108 court fee.  Trouble is they would want you to also pay the CCJ amount.

Alternatively, you could press ahead with a £275 fee (non-consent) CCJ set aside application - i.e. paying for a hearing - but you will likely get a Judge fooled by Elms Legal's little game of drawing up what looks like a Consent Order & sending it to the local court.  See the thread by @Khayman