Recent CCJ - Advice Needed

cda17

Hello,

I received a "NOTICE OF DEBT RECOVERY - Unpaid County Court Judgement £289" in the post on 25th January 2025. See pic below:

I was totally unaware of any CCJ against me until now. I am looking for clarification on my next steps to have this Set-aside via a N244 form.

A little back story, I parked in a private car park in August 2023. We relocated to France for my work in September 2023 and submitted a P85 form to HMRC making them aware of us leaving. I received a mail redirected to me from my address in Manchester, dated December 2023, this was a letter from Debt Recovery Plus chasing £165, the creditor was Spring Parking Ltd. I just chose to ignore it as it is a private car park and didn’t know they could or would take it further. This was the last correspondence I had received until now. Anyway, we relocated back to UK in June 2024, but were now living in Aberdeen, Scotland in a rental (driving licence updated). Shortly after, we bought a property with a mortgage in the same city in October 2024 (driving licence updated again), this is my current address.

I have now received the letter attached above at my current address which states that the date of the CCJ was in December 2024. I have been back in UK since June 2024, in which my addresses were updated, and I had received no correspondence about a CCJ being filed against me or a chance to defend myself. Only now that it has gone to court and I have lost (unknowingly), they have conveniently managed to send the letter to my correct address. This time, the letter is from DCB Legal.

After reading the NEWBIE thread, I've tried my best to figure out my next steps, this is where I need advice in keeping me right please:

Step 1) Ring the Civil National Business Centre (CNBC), and get the following information emailed to me: Particulars of Claim, details of the Claimant, details of Claimant's Solicitor, and get their contact details. Whilst staying on the phone!

Step 2) Mail a letter (and email a copy) to the Claimant and their Solicitor. I have copied the one written by @troublemaker22(a solicitor poster):

https://forums.moneysavingexpert.com/discussion/comment/80636476/#Comment_80636476

Step 3) Give them 2 weeks to respond to hopefully agree to Set-aside (unlikely, but I hope so)

Step 4) Submit a N244 form to CNBC to their email: Applications.CNBC@justice.gov.uk along with a DRAFT ORDER, WITNESS STATEMENT, and any evidence i.e. tenancy agreements, utility bills etc proving addresses, and proof of postage of the letter I sent the Claimant's solicitors.

Step 5) Ring up CNBC and pay the fee for my N244 submission.


Is there anything I am missing?

Thank you for reading this far, I appreciate any feedback.

 

 

cda17

Reply from CNBC:

"1. THE DEFENDANT (D) IS INDEBTED TO THE CLAIMANT (C) FOR A PARKING CHARGE(S) ISSUED TO VEHICLE ####### AT ###################################. 2. THE PCN(S) WERE ISSUED ON 22/08/2023 3. THE DEFENDANT IS PURSUED AS THE DRIVER OF THE VEHICLE FOR BREACH OF THE TERMS ON THE SIGNS (THE CONTRACT). REASON:NOT CLEARLY DISPLAYING A VALID PERMIT 4. IN THE ALTERNATIVE THE DEFENDANT IS PURSUED AS THE KEEPER PURSUANT TO POFA 2012, SCHEDULE 4. AND THE CLAIMANT CLAIMS 1. £165 BEING THE TOTAL OF THE PCN(S) AND DAMAGES. 2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATE OF £.02 UNTIL JUDGMENT OR SOONER PAYMENT. 3. COSTS AND COURT FEES"

Le_Kirk

Is this a separate issue, I seem to have read this on a different thread earlier today!

Coupon-mad

we relocated back to UK in June 2024, but were now living in Aberdeen, Scotland in a rental (driving licence updated). Shortly after, we bought a property with a mortgage in the same city in October 2024 (driving licence updated again), this is my current address.

I really wish you hadn't ignored this. Such a simple case to have stopped in its tracks by giving your Scottish address at pre-action stage.  Eek!

Now you will have to do a CCJ set aside application and choose a court in England that you can get to for your hearing in person.

I would also send a SAR to DCB Legal NOW (attaching proof of connection to both UK addresses but confirming the Scottish one is the only current one) asking for the soft trace(s) that they or DCB Ltd undertook before litigation.  I reckon and suspect they KNEW you lived in Scotland.  Get that trace and if I'm right, you prove wholly unreasonable conduct = all your costs back.

cda17

Coupon-mad said:

I would also send a SAR to DCB Legal NOW (attaching proof of connection to both UK addresses but confirming the Scottish one is the only current one) asking for the soft trace(s) that they or DCB Ltd undertook before litigation.  I reckon and suspect they KNEW you lived in Scotland.  Get that trace and if I'm right, you prove wholly unreasonable conduct = all your costs back.

I will send a SAR via email to them today. What proof of addresses should I send as I’ve read people saying do not send drivers license or passport etc ? I have utility bills / council tax bills somewhere I could send to prove I lived at both Scottish addresses since June 2024. 

Is there a SAR template you would recommend ? 

Thanks for your advice.

ChirpyChicken

tbh there is no issue with sending that stuff, i think people are paranoid for no reason

Coupon-mad

Not a SAR template. A SAR asking for exactly what I advised you to ask for.

The two addresses I'm talking about are obviously not both Scottish!

LDast

DCBL’s letter implies that payment is owed to DCB Legal (rather than the actual claimant), which misleading. DCB Legal, as the solicitor, represents the claimant but is not the creditor.

The letter misleads the defendant about who the judgment creditor is which breaches the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR), which prohibit misleading practices. It also breaches the Financial Conduct Authority (FCA) CONC rules, which require clarity and transparency from debt collectors.

DCB Legal, as a regulated solicitor, must act in accordance with the Solicitors Regulation Authority (SRA) Code of Conduct, which requires integrity, independence, and transparency. Acting in a dual capacity as both solicitor for the claimant and instructing party for DCBL (a sister company) is a conflict of interest and an attempt to profit from the enforcement process, which breaches professional standards.

I'd suggest a formal complaint to DCBL and DCB Legal, pointing out the misleading information and, if necessary, escalate to regulatory bodies such as the FCA, SRA and Trading Standards as appropriate.

cda17

SAR sent via email. Hopefully they'll get back to me sooner than the letter I sent already regarding a set-aside.

Coupon-mad

cda17 said:

Reply from CNBC:

"1. THE DEFENDANT (D) IS INDEBTED TO THE CLAIMANT (C) FOR A PARKING CHARGE(S) ISSUED TO VEHICLE ####### AT ###################################. 2. THE PCN(S) WERE ISSUED ON 22/08/2023 3. THE DEFENDANT IS PURSUED AS THE DRIVER OF THE VEHICLE FOR BREACH OF THE TERMS ON THE SIGNS (THE CONTRACT). REASON:NOT CLEARLY DISPLAYING A VALID PERMIT 4. IN THE ALTERNATIVE THE DEFENDANT IS PURSUED AS THE KEEPER PURSUANT TO POFA 2012, SCHEDULE 4. AND THE CLAIMANT CLAIMS 1. £165 BEING THE TOTAL OF THE PCN(S) AND DAMAGES. 2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATE OF £.02 UNTIL JUDGMENT OR SOONER PAYMENT. 3. COSTS AND COURT FEES"

This claim went to an English address? Old one? And you proved that address connection and mentioned the VRM and claim number in your SAR, to show you are the Defendant?

cda17

Coupon-mad said:

Not a SAR template. A SAR asking for exactly what I advised you to ask for.

The two addresses I'm talking about are obviously not both Scottish!

I sent a SAR requesting the following:

1. Any and all records of "soft traces" or address tracing activities undertaken by your company, or on your behalf by DCB Ltd or any other third party, before initiating litigation against me.
2. Details of the data sources consulted during the soft trace process, including but not limited to credit reference agencies or public databases.
3. Copies of any correspondence, notes, or reports relating to the soft trace activities.
4. Any other personal data held about me in relation to the matter in question.

I sent proof of address for Manchester, and both Scottish addresses. I stated which one was my only current address as well.