Dcbl notice of debt recovery unpaid county court judgement

Gr1pr

Ignore the above reply, it doesn't help either of you at all


More editing required, I don't think you have researched the contents to check if they are correct in your case, or not 

UKPC are BPA AOS members, not IPC AOS members, so different details apply, especially that membership and also any CoP references 

yella91

Gr1pr said:

Ignore the above reply, it doesn't help either of you at all


More editing required, I don't think you have researched the contents to check if they are correct in your case, or not 

UKPC are BPA AOS members, not IPC AOS members, so different details apply, especially that membership and also any CoP references 

Ahh damn I literally took it as copy and change to suit my girlfriends case as in dates etc. Im really struggling here I’ve had to take the morning off work to help with this and im dir back at 12 plus working all weekend. Girlfriend has the baby 24/7. I will do further research today for it to suit my case and hopefully manage. 

Gr1pr

You do take it and change it to suit your girlfriends case , dates, location, bespoke details, BPA member , BPA CoP etc

But the letter you copied contains information about the IPC and the IPC CoP, whereas UKPC are BPA members and use the BPA CoP, so you should have researched that part of the letter and changed it to suit, as well as providing the girlfriends current name and address etc , Which is what zbubuman told you to do ( criteria. )

It must be sent by her, her name, her email address etc , nothing to do with you, you can do the work, she emails it , it's HER case, not your case

1505grandad

A heads-up  -  the exemplars are only a guide and the contents should be amended to apply to your case.

In this instance the claimant is a member of the BPA and their CoP should be used/quoted.

yella91

Much appreciated. I will study and amend. 

Also I completely missed that Zbubuman had sent a reply before I posted my draft. So thank you also! 

yella91

Gr1pr said:

You do take it and change it to suit your girlfriends case , dates, location, bespoke details, BPA member , BPA CoP etc

But the letter you copied contains information about the IPC and the IPC CoP, whereas UKPC are BPA members and use the BPA CoP, so you should have researched that part of the letter and changed it to suit, as well as providing the girlfriends current name and address etc , Which is what zbubuman told you to do ( criteria. )

It must be sent by her, her name, her email address etc , nothing to do with you, you can do the work, she emails it , it's HER case, not your case

1505grandad said:

A heads-up  -  the exemplars are only a guide and the contents should be amended to apply to your case.

In this instance the claimant is a member of the BPA and their CoP should be used/quoted.

I have been searching threads for BPA CoP details to use and have came up with this amendment. Please see below.

DRAFT COPY

Subject line - UK PARKING CONTROL LIMITED (THE ‘CLAIMANT’)  V [                        ] CLAIM REFERENCE [     xx        ] 

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 XXXXX

On 29 May 2024, I received a letter in post informing of an outstanding county court judgment issued on xx/xx/xxxx. 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 these claims.   

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

1.       the claims relate to alleged parking events in XXXXXXXX on XX/XX/XXXX

2.       the claim forms were 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 claims.

I did not receive any pre-claim correspondence, nor did I receive the claim forms or any particulars of the claims and was thus deprived of the ability to defend the claims. 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 (‘current address’).

The Claimant is a member of the British Parking Association (BPA) and has caused this CCJ by negligently breaching the BPA Code of Practice by running with an old/unchecked DVLA car registration address and failing to spend 29 pence on the 'soft address search' the BPA mandates

Under British Parking Association Approved Operator Scheme which UK PARKING CONTROL LTD are a part of their code of practice states 23.1.C “Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct.”

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 these claims.

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 forms were never properly served and the judgments must be set aside at the Claimant’s expense and the claims dismissed because it is now too late for the particulars of the claims 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 a unilateral application to set aside the judgments until 4 pm on  7 June 2024. If a joint application has not been made by that time, I intend to instruct a solicitor to apply to the Court unilaterally for an order setting the judgments 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 xxx

Zbubuman

Much better.  On mine i put the 4pm on 7 June 2024 in BOLD. When you email them make sure to put both the courts claim ref and the solicitors claim ref also ( they should still be able to locate with just the court ref, but then again most of the companies are staffed by monkeys sitting behind computers)

yella91

Zbubuman said:

Much better.  On mine i put the 4pm on 7 June 2024 in BOLD. When you email them make sure to put both the courts claim ref and the solicitors claim ref also ( they should still be able to locate with just the court ref, but then again most of the companies are staffed by monkeys sitting behind computers)

Thats so great to hear! Thank you!

By courts claim ref would that be the DCBL ref number found at top of the right of letter and obviously the claim number a few rows below? 

yella91

Sorry i mean the other way round? Basically both reference numbers on the top right of my letter from dcbl? 

Zbubuman

yella91 said:

Zbubuman said:

Much better.  On mine i put the 4pm on 7 June 2024 in BOLD. When you email them make sure to put both the courts claim ref and the solicitors claim ref also ( they should still be able to locate with just the court ref, but then again most of the companies are staffed by monkeys sitting behind computers)

Thats so great to hear! Thank you!

By courts claim ref would that be the DCBL ref number found at top of the right of letter and obviously the claim number a few rows below? 

DCBL is the solicitors ref, the courts ref is usually a mixture of letters and numbers ( Eg. HY6GH9C8). 

As mentioned put both of them, in case they are really dumb and try the excuse of we weren't provided with our reference, so couldn't locate the file this relates to, bla bla bla. 

P.S - I can appreciate that this whole process can seem daunting and very stressful, and a lot of the posters can come across as being abrupt. I got my backside handed to me a few times in here as well, however each time was due to me not researching the Newbie thread properly and jumping to conclusions. So it is imperative that you read as much of it as you can ( long process, especially with threads pointing to other threads - the rabbit hole goes very deep). But make sure to familiarise yourself with all the posts about CCj's, how to prepare for your day in court, etc. Do not skim read, take you time and make sure you read each thread from start to finish.  With regards to preparing witness statements read all of the threads, but use the most recent exemplars (mine being the most recent at the moment). Most important make sure you are understanding what you are reading and why certain statements, examples and precedents were used and how that would apply to your situation.  This wont be a 30 minute job, so prepare to have a couple of busy weekends researching as much as you can ( I would suggest a nice selection of cheese, cold cuts and a glass of wine to help with this). 

Also i have a thread with a youtube link which gives a generic overview of the CCJ set aside process. Dont use the templates he suggests as they are old, but the video does give a good general idea and should give you a better understanding.