Need Urgent help Please – received a letter from DCBL dated 30/04/2024 received 07/05/2024 – CCJ

Coupon-mad

Remember you're NOT defending against the PCN yet. This hearing is to set aside the CCJ and will consider your evidence that you had moved in late 2023 and had updated your vehicle address promptly.

What do they mean by the last sentence in paragraph 18?

Have they attached proof of the Soft Trace that they SAY they did with a Credit ref agency?!

Stressed_Out_VG

Coupon-mad said:

Remember you're NOT defending against the PCN yet. This hearing is to set aside the CCJ and will consider your evidence that you had moved in late 2023 and had updated your vehicle address promptly.

What do they mean by the last sentence in paragraph 18?

Have they attached proof of the Soft Trace that they SAY they did with a Credit ref agency?!

@Coupon-mad They included all the letters that they sent to my old address but did not attach proof of the Soft Trace that they SAY they did with a Credit ref agency.

Paragraph 18 - I think they are trying to say that I delayed in submitting my application and it was only was submitted to the court 22nd January 2025 but in actual fact I submitted my request on 2nd July 2024 but due to a technical error on CNBC side where I had to submitted as I previously mentioned about 4-5 different times, a manager only got involved on 13 January 2025 and then submitted my request to have this set aside.  Also I told CNBC numerous times that I had no longer lived at my old address and gave them my new one but as part of the security questions they wanted the old address, it was only 22nd November that one of the advisors said they would change it so that it reflected my new address.

Coupon-mad

Ah yes, I thought yours might be that one ...we do handle 100 new posts/threads every day in our own time so it's hard to keep tabs on detail!

Well you know what to say to the Judge about that curiously missing piece of evidence then!

"What soft trace?!  If they did one, why haven't they shown it? The likelihood is that they either didn't do one, or it showed both addresses."

You should download your Credit File and take it with you to prove when your new address started to be shown...it will show.

Main tip: be ready in case the Judge wrongly thinks that the DVLA address is all they need OR he/she thinks that the parking firm could access the DVLA data twice (not allowed under KADOE rules, which on any event only return the keeper's address 'at the date of event').

You updating your V5C even a week after moving doesn't ever get communicated to a PPC.  You did nothing wrong.

They failed to evidence any Soft Trace: it's just hearsay and highly UNlikely that your new address did not show up by 2024, given you'd changed your banking address data, credit card, utilities, were on the electoral roll and absolutely were 'there to be found' for the sake of a 28 pence bulk trace and proper steps by the C.

Stressed_Out_VG

Update:  I attended my hearing today. PE Ltd sent a barrister/solicitor on their behalf.

The CCJ has been set aside and they need to pay me my £303. She went with CPR 13.3

She said PE Ltd had untill 04/03/25 to submit the proper reason to me as to why they feel I failed to follow theT&C's of the car park as what has been submittted to me is a very thin explanation. She said the picture the PE Ltd submitted of the exit looked like it was going into a bush/wooded area.  I then have until 18/03/25 to reply back to PE Ltd.

PE legal respresentive spoke to me after and he said it would be best if PE Ltd and I were to sort this out of court.  He said to make sure I had evidence that there is an exit barrier which I went online and got. Although it is a picture from April 2019 as the next time Google has a picture is May 2024.

Coupon-mad

Very good!  Glad you got your costs back.

When you get her written Order, show us.

Stressed_Out_VG

Coupon-mad said:

Very good!  Glad you got your costs back.

When you get her written Order, show us.

@Coupon-mad
How long does it take for them to send you a written order?

Stressed_Out_VG

@Coupon-mad Here is the "General Form of Judgement or Order" that I received yesterday.

Coupon-mad

Stressed_Out_VG said:

Very good!

Now be careful of that point 3 that says 'if so advised' because it is meaningless (i.e. you clearly don't HAVE to file a fresh defence if you have already supplied one) but a poster got a CCJ last month for not doing that, and had to complain to the Court that they'd clearly got it wrong because 'if so advised' means they didn't HAVE to!

In your case, have you not yet filed a defence?  If no, then you will certainly have to, if the C files the full POC.

If they don't, the claim remains struck out!

@Le_Kirk may wish to add that Order to the judgments link because it fits the bill, IMHO.

Le_Kirk

Coupon-mad said:

@Le_Kirk may wish to add that Order to the judgments link because it fits the bill, IMHO.

@Coupon-mad, I will do this and I have saved the image of the letter pending a response to the below: -
@Stressed_Out_VG could you post an image of the whole page please and unredact the judge's name and the address of the county court, both in public domain.  Leave other names redacted of course.

Stressed_Out_VG

@Coupon-mad - so far all I had was a request from PE Ltd to send them my bank details. Do I have to wait until they send me something before I present my defense again to them? If so does that mean if I don't hear anything by 04/03/25 then the claim is struck out?

@Le_Kirk - as requested.