CCJ help please - Moved house but had notified them

Ryman21

Good afternoon all of you lovely people, I’d please like some help and guidance on what to do I’ve read through a few threads of similar and I do feel quite overwhelmed and slightly confused with what to do. 

I received a PCN from UKPC back in March 2024 through various reasons I didn’t see the initial letters until they had changed to the fishing letter chain from debt recovery plus. Which I followed advise and just ignored, fast forward to more present I moved home on the 20th June 2024. As per advice I had read on here I notified the DPO of Uk parking control via email with my wife cc’d in on 14th July 2024 of my change of address and asked them to erase all data on this registered address and replace with my new one, and to instruct all of their agents to do the same. they replied on the 19th July asking for proof of new address which I provided on 27th July 2024 slightly later then I would of liked but the message found its way into my junk.
anyway I have had zero correspondence at my new address until Yesterday- 7/11/2024 a letter from DCBL Ltd saying I have not paid my CCJ - which I new nothing about, a quick check on my credit report and I found a CCJ against me with a filed date of 23rd September 2024 and with my old address, 
Just to add all of my license and v5c etc where changed to the new address within a couple weeks of moving.
obviously I’m looking to get this set aside, I have amended the set aside letter from trouble maker but have resisted sending it until I could ask for some up to date advice as the thread I read through with that letter just stopped with no further response from the author of it. 

Many Thanks 

LDast

You obviously have evidence of having instructed the to erase your old address and ti update with your current address. You have two options on how to proceed with the set aside.

You can write to the claimant via DCB Legal offering them the opportunity to consent to a set aside at their own cost for the application which would only cost them £119. Provide them with a draft order. However, you are dealing with intellectually malnourished scammers and they are stupid enough to either reject the offer or will try and bamboozle you into agreeing to their own draft order which would not be as favourable to you. You give them 7 days to respond otherwise you will make a unilateral application and as it will be a compulsory set aside under CPR 13.2 together with evidence of their unreasonable behaviour, they will be liable for the increased cost of the set aside of £303 plus whatever the court awards on top of that.

Or, you can just apply for the set aside plus cost anyway which would cost £303.

Ryman21

Thanks so much for the prompt reply. I’ll get an email drafted this evening.

LDast

Show us anything you propose to send them before you do it.

LDast

Here is a suggestion for the email:

Dear Sir,

On 7 November 2024, I received the attached letter dated [insert date] 2024 from Direct Collections Bailiffs Limited (‘DCBL’). This came as a tremendous shock as it is the first and only communication I have received from the Claimant or any organisation representing the Claimant in relation to this claim.

I made immediate enquiries and was able to establish that:

1. The claim relates to an alleged parking event in March 2024.

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

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, not even a letter of claim as required by the Pre-Action Protocol (PAP). Nor did I receive the claim form or any particulars of 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.

It is important to emphasise that on 14 July 2024, I issued a Data Rectification Notice to the Data Protection Officer (DPO) of UKPC via email, with my wife copied in, notifying them of my change of address and requesting that all data associated with my old address be erased and replaced with my new address. I also requested that UKPC instruct all their agents to update my address in their records. On 19 July 2024, UKPC responded requesting proof of my new address, which I provided on 27 July 2024.

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 (the ‘BPA’) and is bound by the BPA’s Code of Practice, which reflects CPR 6.9(3) in the following terms:

“24.1c 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, which is obviously what DCBL did before sending their letter dated [insert date]. If those actions had been performed at the correct time rather than after judgment, 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.

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 fee and no order as to costs. It would be in the Claimant's interest to agree to this proposition, as failure to do so will result in a unilateral application highlighting clear evidence of unreasonable behaviour, which could further expose the Claimant to the full £303 application cost and potential additional court-awarded 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 judgment until 4 pm on 15 November 2024. If a joint application has not been made by that time, I intend to apply to the Court unilaterally for an order setting the judgment aside, striking out the particulars of claim, dismissing the claim, and awarding costs against the Claimant on a full indemnity basis.

Please respond by immediate return.

Yours faithfully,

Ryman21

Thank you so much that is brilliant 

Ryman21

If I send the above email to DCB legal should I copy in DCBL Ltd also should I just write urgent in the subject or should I add the case number ? 

Again thanks very much for the help! 

Gr1pr

I suppose that you could do all of the above, but especially to DCB Legal, adding the claim reference number and Urgent 

I think I would suggest to DCB LTD that they check back with their "client"  DCB Legal and UKPC before any further actions due to incorrect service of papers 

Same overall company, different departments

Ryman21

Thank you so much guys email has been sent! We shall sit and await reply , I will keep you updated 

Coupon-mad

But all of the above was already in the NEWBIES thread. The email was written by @troublemaker22 and was ready to use in the resource thread.  Please refer back to it because how to set aside a CCJ is fully covered already.

Ryman21

Coupon-mad said:

But all of the above was already in the NEWBIES thread. The email was written by @troublemaker22 and was ready to use in the resource thread.  Please refer back to it because how to set aside a CCJ is fully covered already.

I have had a read through the Newbies thread it all seemed quite overwhelming as I’ve never had to deal with this sort of thing before, 
I couldn’t find a thread where the person had notified the DPO of change of address and they had responded to the email and obviously filled for the incorrect address a couple months later anyway.
i really do appreciate any and all help from anyone.
thanks guys