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

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Hello everyone, 

Firstly let me say sorry, I do have some learning difficulties and am asking for patience please, and some help.  I have a partner with me who is helping with the typing as I am not great with computers.

We have read the Newbies thread https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest

To try and get some information about what to do. You all seem so prepared there is so much information I have to admit it is overwhelming.

I received this letter today saying I have an unpaid Country Court Judgement.

The client is DCB Legal
Date of country court judgement 28/08/2024

It says I can pay in 1 month and they will apply to the court to have it removed.


I received a parking ticket for parking in Abbot's Wood Sussex last year to my old address, I did try at the time to follow some advice and I sent a template to them, I really cannot remember which one I am sorry, and the response I got was:


Dear X

 

We write in response to your correspondence received in our office dated 23/04/2024.

 

We now respond to the same as follows.

 

 

Parking Charge Notice (PCN) XXX had been issued at Abbots Wood BN26 on 24/09/2023 at 17:41, due to the vehicle remaining on private property in breach of the terms - please find attached images of the vehicle. This PCN had been picked up by Automatic Number Plate Recognition (ANPR) technology, in this instance, the creditor will have applied to the DVLA straight away for the registered keeper details and the PCN would have been issued by post to the address held.

 

Please note, upon the PCN being issued your name and address were provided by the DVLA and our Client therefore correctly issued correspondence to you at that address - please find attached the Notices to Keeper. It is your responsibility, as the Registered Keeper, to ensure the DVLA is kept up to date with your current address at all times should you have moved at this point.

 

Multiple Notices were issued to you at the time You were afforded 28 days for the opportunity to; appeal the parking charge, transfer liability to the driver or make payment. Neither a successful appeal, nor an adequate nomination were received, yet payment remains outstanding. For clarity, the opportunity to appeal has now passed and would not be considered.

 

Please be advised, that when parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract - please see attached an image of the clear signage at the location.

 

The HMRC ‘VAT Supply and Consideration manual’ (VATSC06140), which was last updated on 02 September 2020, confirmed that parking charge notices falls out of the scope of VAT. There is no requirement for a VAT invoice to be issued to you.

 

You now have 30 days from the date of this email to make payment of £120.00. Failure to make payment will result in a Claim being issued against you without any further reference.

Payment can be made via bank transfer to our designated client account: -

  • Account Name: DCB Legal Ltd Client Account   
  • Sort Code: 20-24-09   
  • Account Number: 60964441

You must quote the correct case reference when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

Alternatively, you can contact DCB Legal Ltd on 0203 838 7038
 to make payment over the telephone or online at 




We didn't receive multiple notices about this and one I did receive was the first.

The advice at the time was wait for the court request.

Since then I have sold the car and moved address, never thought about it ( my fault) and never heard anything until today when I received the letter.

I have read this thread and although confusing I have put together the template from page 3 on 

Out of the Blue: CCJ Debt letter (for an alleged pcn) – dcbl (/UK Parking Control ltd) 


(I cannot post links)

I
s the claimant DCB Legal and should I email it to them?

And I have been reading 

Suprise CCJ - Civil Enforcement Ltd

which looks great (I cannot post links)

Again everything to do with "Setting Aside" I am very sorry it is great but it is going over my head - can someone please help me breaking it down?

I don't have any information about the original parking ticket, do you know how I can get it?

People have said to click on Jack's profile and read his posts https://forums.moneysavingexpert.com/profile/Jack5656 but when I click it takes me to his activity and I cannot see how to read his posts?

I'm really sorry I know this is frustrating reading for some of you, I am just please asking for help and to try and help me make this more simple and understandable.

Thank you.
«13456714

Comments

  • LDast
    LDast Posts: 2,496 Forumite
    1,000 Posts Photogenic Name Dropper
    We need a timeline of events to try and assist. We need the date of the alleged parking contravention, the date of the Notice to Keeper (NtK) was sent (of one was received), the date you moved to the new address and the date of the default CCJ.

    When you moved, how long after the date of the alleged parking contravention was that? Have you updated your address on your V5C since you moved (not applicable to this but it needs to be done as updating a drivers licence doesn't automatically update the V5C).

    You need to phone the CNBC first thing on Monday morning around 8:30am if you want to avoid along wait, ask for the Particulars of Claim (PoC) to be emailed to you while you wait on the phone. Also ask what the date of issue of the claim was.

    The second post of the Newbies/FAQ thread explains the steps you need to take to apply for the set aside of the CCJ
  • Thank you for your reply.

    The alleged parking fine was 24th September 2023.

    I scrapped my car in January 2024.

    Originally when I checked because this came out of the blue,  I don't recall receiving any letters until one came in April 2024, and I found the template I sent, it was on 26th April.

    Dear Sirs,

    Proposed Legal Proceedings
    Claimant: Cp Plus Ltd T/A Groupnexus

    I refer to your letter of claim.

    I confirm that my address for service for the time being - assuming you don't faff about and delay any claim - is as follows, and any older address must be erased from your records:

    XXX

    The alleged debt is disputed and any court proceedings will be vigorously defended.

    I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

    I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

    I am disputing this claim as you have not provided any information or evidence whatsoever of what you’re claiming and the date on the letter is so long ago I have no idea what you’re on about. 

    Don't send me your usual blather about that.
    I have two questions, and under the PAP I am entitled to specific answers:

    1. Am I to understand that the additional £85 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

    2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

    Yours faithfully


    We moved address in June 2024.

    The default CCJ apparently took place on 28th August 2024 and I was sent the letter confirming it dated 9th October and I received it today.

    So in summary we moved in June and I have not received anything here until this letter after the CCJ happened.

    For the CNBC I have googled, this is the court right?  Thank you I will call them Monday morning, at 8:30am and ask for the PoC.  Do I just ask them to send it while I'm on the phone and wait?

    Thank you again



  • Coupon-mad
    Coupon-mad Posts: 151,688 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes I would say you will wait on the phone, while they please email the POC to you.

    Also the Claimant isn't DCB Legal, they are just the bulk litigator, so who is the parking firm Claimant?

    Date of county court judgement 28/08/2024
    It says I can pay in 1 month and they will apply to the court to have it removed.

    You can't because this is past 30 days.  Paying does not remove it. DO NOT PAY IT!

    Do you qualify for Help With Fees? Google it and check. If not, then the fee for applying to set aside the CCJ is an extortionate £303 but most people here get that ordered against the Claimant for failing to check for a new address (unreasonable conduct by the parking firm).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thank you so much. 

    Yes looking from my email it seems the claimant is/was Cp Plus Ltd T/A Groupnexus. 

    So if I pay the CCJ, it won’t go away. But if I post the £303 fee, it may get removed and I may get that back, am I understanding that correctly?

    Thank you so much again I will read those threads more. 

    When someone links a poster with the @ it takes me to their page but I can’t click anything to read their history. Am I doing something wrong?
  • Coupon-mad
    Coupon-mad Posts: 151,688 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You can read their threads. Look harder!

     :) 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thank you, I spent all afternoon reading 

    Suprise CCJ - Civil Enforcement Ltd

    This was very helpful and you were helpful in it (I hope that’s the right thread). 

    Can I just ask about order:

    call the courts Monday get everything they have on me. 
    Prepare a letter to the claimant who I think is nexus, which is on page 3 of that thread and ask them to drop it all. 
    If they don’t, pay £303 to get it set aside?


  • Coupon-mad
    Coupon-mad Posts: 151,688 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 October 2024 at 4:38PM
    You don't send anything direct to the parking firm. They didn't file the claim.

    That's why your questions to the CNBC must ask for very specific information.

    How come you only read one old random CCJ thread from 2023 and none from this Summer? We help set aside CCJs at least once or twice a week here.  There are far better examples.

    Search for NEWEST results.  I can think of a few relevant usernames off the top of my head but it's best that you find them yourself, by searching.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thank you. Those threads were pasted in the newbie thread so I thought they would be the most helpful. 

    I’m sorry if I’m causing problems you seemed really friendly and helpful in the threads but right now it feels like I’m causing a problem. 

    I’m just trying to ask for help that’s all I don’t mean to cause offence. 
  • Coupon-mad
    Coupon-mad Posts: 151,688 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I know - and we are trying to help you - but that old 2023 thread isn't posted in the NEWBIES thread is it?  I don't recognise the OP's username.

    Please just search for NEWEST results.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thank you I’ll call the court this morning and read some more newer threads. 

    Out of the Blue: CCJ Debt letter (for an alleged pcn) – dcbl (/UK Parking Control ltd)


    I guess I just got carried away reading. Thanks again for taking the time to reply to me 
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