Dcbl notice of debt recovery unpaid county court judgement

yella91

Ok thank you. So do i just follow what it says about missed ccj’s on the newbie post? 

Do i need to worry about the 14 days failing to pay on the letter? 

Coupon-mad

yella91 said:

Ok thank you. So do i just follow what it says about missed ccj’s on the newbie post? 

Do i need to worry about the 14 days failing to pay on the letter? 

DO NOT PAY IT OFF.

You don't need to do anything as it's not your CCJ to set aside. Ignore the 14 days.

A satisfied CCJ is appalling and WILL affect your mortgage rate.  She and you will regret that and can't try again if you get this wrong now.

She wants it wiped.  So, I WILL stick my neck out and recommend she applies to set the CCJ asIde, in early June.

Copy what she sees in the recent CCJ thread by @Zbubuman as his witness statement had all the case law we could muster about the fact the claim has expired unserved and a court can't reinstate it.

If you didn't know that she's ALSO likely to get her £303 fee back as well then you really need to read the second post of the NEWBIES thread. The lower section about setting aside a CCJ. 

That suggests sending DCB Legal a particular email first.  This week. Tomorrow. NOT DCB Ltd.  She must state that she's giving them a week to respond.  They will actually respond ten days later but don't wait longer than 2 weeks.

YOU CAN'T SEND THAT EMAIL. THIS ISN'T YOUR CCJ SO DON'T DO ANYTHING WRONG, AS IT WILL DELAY IT ALL.

Meanwhile she must phone the CNBC tomorrow as well, and ask for the Particulars of Claim to be emailed straight to her, and to ask which address that claim went to and the date of issue of that claim form.

Make sure she reads this and doesn't miss asking ANY of those questions.

That's her 2 jobs for tomorrow. Let's get the ball rolling. If she doesn't want to sit on the phone for two hours she must ring the CNBC on the dot of 8.30am.

yella91

Coupon-mad said:

yella91 said:

Ok thank you. So do i just follow what it says about missed ccj’s on the newbie post? 

Do i need to worry about the 14 days failing to pay on the letter? 

DO NOT PAY IT OFF.

You don't need to do anything as it's not your CCJ to set aside. Ignore the 14 days.

A satisfied CCJ is appalling and WILL affect your mortgage rate.  She and you will regret that and can't try again if you get this wrong now.

She wants it wiped.  So, I WILL stick my neck out and recommend she applies to set the CCJ asIde, in early June.

Copy what she sees in the recent CCJ thread by @Zbubuman as his witness statement had all the case law we could muster about the fact the claim has expired unserved and a court can't reinstate it.

If you didn't know that she's ALSO likely to get her £303 fee back as well then you really need to read the second post of the NEWBIES thread. The lower section about setting aside a CCJ. 

That suggests sending DCB Legal a particular email first.  This week. Tomorrow. NOT DCB Ltd.  She must state that she's giving them a week to respond.  They will actually respond ten days later but don't wait longer than 2 weeks.

YOU CAN'T SEND THAT EMAIL. THIS ISN'T YOUR CCJ SO DON'T DO ANYTHING WRONG, AS IT WILL DELAY IT ALL.

Meanwhile she must phone the CNBC tomorrow as well, and ask for the Particulars of Claim to be emailed straight to her, and to ask which address that claim went to and the date of issue of that claim form.

Make sure she reads this and doesn't miss asking ANY of those questions.

That's her 2 jobs for tomorrow. Let's get the ball rolling. If she doesn't want to sit on the phone for two hours she must ring the CNBC on the dot of 8.30am.

Thank you for your detailed reply much appreciated. 

My girlfriend has been on the phone and had particulars of claim emailed to her. The claimant is Uk parking control limited. Got a copy of the CCJ. They said they cant send the original claim because that only gets sent once. The address the claim went to was her old address which is her mothers address. The PCN details on email of particulars are 14/01/2022. But she was told on the phone that it was issued 9/1/2023. Not sure if they are two different things?

Sorry to sound clueless im just at work and trying make sense of all this at same time. 

What is the next step? 

Is the copy of the CCJ thread witness statement what is needed to be sent to DCB Legal? 

Going to study the second part of newbie thread on my next break to see what it says 

Thanks again

Le_Kirk

When you read the NEWBIE sticky you will see that the N244, witness statement and Draft Order go to her local court.  I assume @Coupon-mad is suggesting the defendant contact DCB Legal asking for set-aside by consent, if they fail to respond then set-aside without consent for which the fee is now £303.

Gr1pr

I think that the UKPC PCN was issued in early 2022 , and the Court claim was issued to the old address about a year later, in 2023, the default CCJ was then awarded to DCB legal a few weeks later, on behalf of their client 

Doesn't look like a Trace was done until recently, if at all

Your girlfriend needs to decide if she wishes to go down the uncontested set aside with consent route, or the more expensive contested set aside route 

yella91

Am i right in thinking the first step is filling out the draft that troublemaker22 drafted up and sending to DBL Legal try get it set aside? 

Obviously repost it in here to check if its ok first?

Feel like im in way over my head reading all that information. 

Coupon-mad

Yes.

Please re-read my earlier reply.  I said what every step is to be:

1. ring the CNBC (done).

2.  The email. I even told you how long to give them.

3.  Read & copy from the CCJ thread by @Zbubuman and I told you why to use that one instead of those in the NEWBIES thread.

Zbubuman

Hi @yella91 - As coupon said, send the email to DCB legal. There is also a template for this on my thread. Just re-word it to fit your criteria. as Coupon mentioned only give them 14 days. Most probably you will just receive their automated acknowledgement email and nothing else. So don't waste time, as soon as you send them the email, start working on preparing your witness statement, so you have it ready when you file your N244. 

Save a copy of the email and their auto reply. Use can use this as part of the exhibits on your witness statement to show that you acted promptly and even attempted to mediate before taking it back to court, but DCB didn't engage ( all brownie points which will help your case)

yella91

Is this ok to send to DCB Legal? 

UK PARKING CONTROL LIMITED (THE ‘CLAIMANT’)  V xxxx CLAIM REFERENCE xxxx

Dear Sirs

This is an invitation to your client UK Parking Control Limited to jointly apply to the court to set aside a CCJ in respect of claim xxxx

On 29 May 2024, I received a letter in the post informing of an outstanding county court judgment issued on 9 January 2023. This came as a tremendous shock as no communication or correspondence was received from the Claimant or any organisation representing the Claimant in relation to the claim.   

I made immediate enquiries of the CNBC from which I was able to establish that:

1.       the claim relates to alleged parking event in Metrocentre, Gateshead, Tyne & Wear, NE11 9YG on 14 January 2022

2.       the claim form was sent to an old address at which I no longer reside; and

3.       if I had been given the opportunity to do so, I would have successfully defended the claim.

I did not receive any pre-claim correspondence, nor did I receive the claim form or any particulars of the claim and was thus deprived of the ability to defend the claim. The Claimant is well aware that people move home from time to time. They also know that I did not respond to any communications sent to me at my old address.

This situation is explicitly dealt with in the Civil Procedure Rules which provide at CPR 6.9(3): 

(3) Where a claimant has reason to believe that the address of the defendant … is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (xxx).

The Claimant is a member of the International Parking Community (the ‘IPC’) and is bound by the IPC’s Code of Practice which gives voice to CPR 6.9(3) in the following terms:

22.1 Operators must take reasonable steps to ensure that the Motorist's details are still correct if 12 months have passed from the Parking Event before issuing court proceedings.

If the Claimant had taken the actions required by the Civil Procedure Rules and the Code of Practice, my current address would have been found easily, and I would not have been deprived of the ability to defend the claim.

By reason of the Claimant’s breach of the Civil Procedure Rules, which amounts to an abuse of the process of the Court, the claim form was never properly served and the judgment must be set aside at the Claimant’s expense and the claim dismissed because it is now too late for the particulars of the claim to be re-served.

In view of the foregoing, I invite the Claimant to join with me in an application to set aside the judgment and dismiss the claim, with the Claimant paying the court fees and no order as to costs.

Please respond to the above offer as soon as possible so that, if the offer is acceptable to the Claimant, we can work together to right the wrong that the Claimant has done to me.

To give you a reasonable time to take instructions and for us to agree a suite of documents for the Court, I am willing to defer making an application to set aside the judgment until 4 pm on 7 June 2024. If an application has not been made by that time, I intend to instruct a solicitor to apply to the Court for an order setting the judgment aside, striking out the particulars of the claim, dismissing the claim and awarding costs against the Claimant on a full indemnity basis.

If your client fails to recognise the value of the above far cheaper resolution, then an application will be made to the CNBC by the end of June, without consent, and your client will be liable for all costs.

Please respond by immediate return.

Yours Faithfully

Miss xxxx

QUESTIONS

The part I have pasted below am I right in thinking where there are three dots (…) that will be my girlfriends name? And then at the end will be the address she lives at now?

3) Where a claimant has reason to believe that the address of the defendant … is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (xxx).

PJD

Pay it, learn from it, move on with your lives