Unpaid CCJ £400!! - Was in the right and had no communication of court hearing!

Blazedsin

[Image removed by Forum Team]

Partner received the above letter in the post. This was for a parking fine for her parking on her university campus, which she had a valid permit for (she spent £200 to get it). She has pictures of her car parked, the permit in the window, the signage showing no parking unless with valid permit. So she was in the right.

The date of the CCJ was 19/10/2023 ... This was 7 days before she gave birth and she was in incredible pain leading up to the birth so she would not have been able to attend a hearing. The main point though, is that she moved from where she was staying for uni, into my house in July, sold her old car, and updated her address with the DVLA. She received no letters about the court hearing. 

I understand that for them to miraculously have found her new address now after the CCJ, means that they haven't taken reasonable steps to ascertain the address of the defendant’s current residence to communicate about the court hearing.

I also understand that because it's been more than 30 days since the CCJ, we definitely should NOT pay off the £400, as the CCJ will still remain over her head?

We are both early 20s, she's currently on stat mat leave, I'm to be made redundant in 2 months. She's nursing a baby and the stress of this is too much for her, so I want to act on her behalf.

I've read that the best bet is to send the following letter directly to the parking company (I don't know their solicitor):
https://forums.moneysavingexpert.com/discussion/comment/80636476/#Comment_80636476

and if they do not comply within 2 weeks, fill out an N244 and send it to Applications.CNBC@justice.gov.uk

I believe we have to pay a £275 charge for this? And then the CCJ is set aside and we start again from 0? Can I get the £275 back? Is there any way to add charges to the parking company for the stress caused to my partner?

This is all a lot to wrap my head around, and any guidance will be greatly appreciated. Thanks 

Nellymoser

The experts here are best placed to advise you on this. I believe there is info on CCJ in the Newbies Announcement. I'd also check the correct address is on VC5 if not you will need to action this. You may also wish to support 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/discontinuation 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 good luck getting it set aside.

Coupon-mad

There was no court hearing. It was an automatic default judgment.  No Judge nor hearing has been involved yet.

I also understand that because it's been more than 30 days since the CCJ, we definitely should NOT pay off the £400, as the CCJ will still remain over her head?

Correct.

The Defendant - NOT YOU - must do the email suggested by @troublemaker22 first, this week (before Easter) to be seen to be acting promptly. You do know who the solicitor was - DCB Legal as that letter says (their client).

Hopefully they will agree to pay the £108 fee as not checking the address before litigation was their fault, and they caused the CCJ.  But don't hold your breath (clue: DCB Legal will not agree, but go through the motions first).

The NEWBIES thread examples of WS show you some cases where the £275 was ordered to be refunded AND then DCB discontinued the claim too.  That is what we usually achieve here.

Blazedsin

Thanks. I've gotten her to send off the email now. As to getting more information about the CCJ to fill out the N244 (such as which court to send it to) and get any other data that could be useful, I've gotten her to do a Subject Data Access Request by email to DCBL. I will also get in contact with Northampton County Court to find out which court it was.

So from here, if there's no response after 14 days (9th April), I just put forwards my N244 form to the specified court for my case? Then hopefully the CCJ is set aside, she is then successfully able to defend her case using all evidence at hand, and then the fees will be paid by DCBL / F1RST PARKING?

Coupon-mad

Sent it to DCB Legal not DCB Ltd by mistake, I trust?

NO COURT WAS INVOLVED.

There was no hearing and no Judge.

Blazedsin

No, she sent the email to DCB Ltd (complaints@dcbltd.com)
That's the correct email?

I've read the newbie section - so after no response by 9th April (which is practically 100% going to happen) she needs to send the N244 to Applications.CNBC@justice.gov.uk, using the threads you added for guidance writing it, then ring up to pay the £275?

Coupon-mad

No. Waste of time; it will have to be done again.  You don't send it to bailiffs.

That email is clearly written to be sent to a solicitor and my advice was:

"The Defendant - NOT YOU - must do the email suggested by @troublemaker22 first, this week (before Easter) to be seen to be acting promptly. You do know who the solicitor was - DCB Legal as that letter says (their client). 

Hopefully they will agree to pay the £108 fee as not checking the address before litigation was their fault, and they caused the CCJ.  But don't hold your breath (clue: DCB Legal will not agree, but go through the motions first)."

Blazedsin

Okay, she has sent a new email to paul@dcblegal.co.uk danielle@dcblegal.co.uk info@dcblegal.co.uk and response@dcblegal.co.uk

Maybe overkill but those were all the ones I found and thought best to just include all just in case.

Apologies for not reading correctly. Thanks for your help.

Coupon-mad

Much better!

Let's see what typical dismissive consumer-blame drivel they come back with.

Beansy45

Hello all,

I hope you don't mind me hopping in here but I am having a similar issue and was looking for some guidance as you are all clearly in the know! I have read a few of the other threads but a few of people seem to have paid up to avoid the hassle and I am not sure what to do.  

I received a CCJ in the post for around £500 for two unpaid PCNs. After contesting them, these were both rescinded at the point of receipt by the management company of the private building where I had (correctly) parked. However, I continued to be pestered over the years to pay them. Each time I sent them through the same evidence that they had been rescinded and they went away for a while. I have moved a few times over the last 5 years and they have kept following me. However, all went quiet until I see that DCB Legal have obtained a CCJ against me for the PCNs, plus "damages" and interest. I didn't receive a claim form or any notification of the claim being issued to my current address. 

When I spoke to them they said now judgment has been obtained there is nothing they can do. I tried to get them to agree to a lesser sum and make a written confirmation that they wouldn't enforce the judgment but that seemed too much for them to understand. So it seems my only option is to pay (£500) or apply to have the judgment set aside (£275 plus the time and hassle it will take me to defend it).

Any advice would be very welcome. Thank you.  

Coupon-mad

You are not in a similar position to the OP and in any case, this is their thread.

YOU DON'T PAY A JUDGMENT WHEN APPLYING TO SET IT ASIDE.

Start your own thread asking for CCJ set aside help.