Received Notice of Debt Recovery - Unpaid County Court Judgement from dcbl

confusedparking

That’s really nice of you to say thank you. Yes hopefully she has a better understanding and this can help others. 

I feel more confident in the defence now, without counting my chickens it seems more straight forward and DCBL should either discontinue or not show. 

ChirpyChicken

Coupon-mad said:

Yay! The CCJ is wiped! That'll update by June, maybe sooner. Carry on with this thread as you need to defend the case.

I am so happy that you pointed her to the case law that says the bigger fault lies with the parking firm and the Court of Appeal awarded Mr Carr his costs and blamed the parking firm for failing to check the address because they can't just run with a DVLA address only.

Was it VCS v Carr that she looked at? Did she watch the CoA hearing, do you know?

Well done on getting your costs reserved.

@Coupon-mad The judgment is due this week apparently.

Coupon-mad

That written judgment will be so useful.

Le_Kirk

confusedparking said:

She began by telling us it’s our responsibility to update the DVLA and we were wrong to do so. We mentioned the case law and cited the other cases so she agreed to reserve the costs against the trial for our defence. 

She would dismiss the case, so we will follow the template defence now against DVBL (I’ve saved the thread with the steps and the guide on completing the online defence). 

Don't understand the two parts in bold!

confusedparking

Le_Kirk said:

confusedparking said:

She began by telling us it’s our responsibility to update the DVLA and we were wrong to do so. We mentioned the case law and cited the other cases so she agreed to reserve the costs against the trial for our defence. 

She would dismiss the case, so we will follow the template defence now against DVBL (I’ve saved the thread with the steps and the guide on completing the online defence). 

Don't understand the two parts in bold!

I'm sorry, looking back that makes no sense.

"She began by telling us it’s our responsibility to update the DVLA and we were wrong to do so."

I meant to say, she said we were wrong NOT to update the DVLA and the tone she was getting at was by not doing so, it was my fault DCBL/CP Plus were not able to contact us at our correct address.

"She would dismiss the case, so we will follow the template defence"

This was mean to say she would dismiss the CCJ, so agree to the set aside and we can begin the defence of the summons like normal.

The only problem we are running into is that we cannot defend online now as it says it was passed to our local court, so we are unable to acknowledge the claim online.  We are trying to check with the CNBC what to do, however they aren't being super helpful.

@coupo@Coupon-mad if we go straight to the template defence and send this (edited where needed) via email to the CNBC and the claimant solicitors, will that likely be OK, if we cannot acknowledge the claim online any more? 

Coupon-mad

The CNBC (an admin centre gateway months ago) aren't involved and haven't been since your application was allocated locally. Stop trying to use the CNBC admin process which isn't your stage.

No idea why you are contacting them? You aren't doing the AOS, etc. it's far simpler: 

You have a deadline to email your defence to the court that ordered it (& cc the C's solicitors and yourself, so you can check/prove that the attachment was with the email).

confusedparking

Thank you - I wasn’t sure if we had to re - acknowledge so I appreciate you replying. 

confusedparking

I have competed my defence, from the template threads it seems it's not worth posting in full, I have some questions about the costs reserved, I have included this, is this OK to send please?

29. In the matter of costs, the Defendant seeks:

(a) standard witness costs for attendance at Court, pursuant to CPR 27.14, and

(b) payment of costs reserved (£303 Set Aside Fee plus standard witness costs for attendance at Set Aside Hearing), which were agreed on 12/05/2025 

(b) a finding of unreasonable conduct by this Claimant, and further costs pursuant to CPR 46.5.

I have also searched high and low for the correct email address to send to Lewes, I assume this goes back to Lewes?  The address I have found is hearing@lewes.countycourt.gsi.gov.uk or enquiries@lewes.countycourt.gsi.gov.uk

In the template defence is says to email ClaimResponses.CNBC@justice.gov.uk however you said above we aren't dealing with them any longer, should I copy them in anyway?

Thank you again for your help, I have learned so much from you, and this experience already.

Coupon-mad

No do not cc in CNBC. They aren't involved. Use both Lewes emails and cc in the C's solicitors.

Was your fee £303? Not £313?

confusedparking

Thank you, yes it was £303 we paid in November.