CCJ from DCB Legal for parking in own space

Yan_Aage

Hi. This is my first post about this case I've been trying to deal with it by reading existing info but I could do with a bit of guidance now as I'm trying not to but getting the CCJ has stressed me and I nearly paid it to remove the CCJ as still within 30 days then I saw on here about that won't remove it?? Is that just a blatant lie to get you to pay then they just thumb their nose and say haha you still have a CCJ can they do that??

Background is leasehold apartment with allocated parking space purchased. The space is included in the deeds. There was no permit scheme at first but they brought one in after a few years. I shoved the permit in my window. Last year I changed vehicles and asked for new permit. They said it was £5 (they used to be free). I refused to pay saying I'd paid for the space already and refused to pay £5 out of principle. I just moved the old permit into new car but no stickiness left on it so just shoved it on dashboard but i forgot to put it on a few times and got 2 tickets (UKPC).

I've not ignored any correspondence I've dealt with it all on time did the failed appeals process and been responding to DCBL. Last contact was me sending evidence of the parking space in the deeds and leasehold agreement to DCBL on 10/10/2024. I've now just received letter about CCJ dated 20/01/2025 saying CCJ was entered 10/01/2025 and I "Should already be aware." I wasn't aware this letter is forst I'd heard about it. Amount is £484.14. It says if i pay it but 10/02/2025 they will notify the Court and the Court will take steps to remove it.

I assume going on my reading I should apply to set this aside and shouldn't pay it yet? I've seen the N244 form but it's confused me a bit as I may have misunderstood but it seems to imply its to apply for set aside if you weren't aware of any proceedings and the CCJ is the first you'd heard e.g. If previous correspondence had gone to an old address or something. Some of the questions on the form are baffling me anyway like what level of judge do I need and how long will the hearing be how do I know yet?!

Gr1pr

Payment within 30 days definitely satisfies the CCJ and it is expunged from the record , there is no ambiguity there, no confusion at all

Once the 30 days deadline has passed , paying it does NOT remove it,  only marking it as satisfied (but NOT expunged )

You should ask the CNBC for details of where they sent the N1SDT claim pack  ( to your current address or somewhere else   ) by phoning them tomorrow morning,  ASAP 

The set aside application would be heard by a civil court judge 

Yan_Aage

Thanks I will do. I've definitely not had that N1SDT pack I didn't know anything about that. Some things get sent to a different block here due to confusion over postcodes never to be seen again but I get all DCBL's stuff so not sure what's happened. There is a chance they've got an incorrect postcode from somewhere depending where they sourced the contact details from..

Gr1pr

Your priority is to get the details from the CNBC in Northampton,  because they sent the N1SDT claim pack to the address supplied by DCB Legal,  be it correct or incorrect.   The non reply meant that DCB Legal pulled the trigger after 19 days had passed,  meaning that they obtained a default CCJ against you 

Knowing what went wrong will prove crucial in trying to fix it,  starting with you paying £303 to try to obtain a set aside,  unless you qualify for help with court fees

The actual claim is secondary for now, the set aside is the priority 

Ps, read what coupon mad said about default judgments in the following thread 

https://forums.moneysavingexpert.com/discussion/comment/81253138#Comment_81253138

Yan_Aage

Gr1pr said:

Your priority is to get the details from the CNBC in Northampton,  because they sent the N1SDT claim pack to the address supplied by DCB Legal,  be it correct or incorrect.   The non reply meant that DCB Legal pulled the trigger after 19 days had passed,  meaning that they obtained a default CCJ against you 

Knowing what went wrong will prove crucial in trying to fix it,  starting with you paying £303 to try to obtain a set aside,  unless you qualify for help with court fees

The actual claim is secondary for now, the set aside is the priority 

Ps, read what coupon mad said about default judgments in the following thread 

https://forums.moneysavingexpert.com/discussion/comment/81253138#Comment_81253138

Thanks I had no idea I'd missed some 19 day cut-off that's great that the important document has gone missing it's  definitely not been put in my postbox. DCBL have the correct postcode.

Gr1pr

DCB Legal are the ones who filed the claim on of UKPC,  not DCBL ( debt collectors  , nobody is interested in DCBL  ))

The claim form pack was posted out by the CNBC in Northampton to the address supplied by DCB Legal 

Its important that you understand the basics here 

DCB Legal were able to ask for judgment by pressing the button on MCOL after the 19 days deadline 

The letter containing the claim form pack was presumed delivered 2 business days after the CNBC posted it out 

Your task is to check if the pack was correctly addressed,  or not 

The CCJ is for not dealing with the pack in the small 3 weeks window,  ( not for the dispute between you and UKPC)

owl86

I had a similar case where DCB Legal served an old address, but DCBL immediately had the correct address once they wanted to demand payment of the CCJ and I had also interacted with DCBL prior to a claim at my correct address.

There are several documents you would have received if DCB Legal were using the correct address. Letter before claim, claim form, judgment; fairly unlikely that all would go missing. 

I used TrustOnline Search to find which address had been used by DCB Legal (it costs £8 but you can search through your prior addresses). The CNBC can also confirm for free. 

Coupon-mad

Yan_Aage said:

I had no idea I'd missed some 19 day cut-off that's great that the important document has gone missing it's  definitely not been put in my postbox. DCBL have the correct postcode.

Doesn't mean they used that address for the Claim! Especially not if you also have not received a Judgment for Claimant (in default) letter either.  I suspect DCB reverted sneakily to an old address.

Ring the CNBC at 8am (on the dot, to avoid a long queue) and ask:

- on what date was the Claim form supposedly posted?

- where EXACTLY was it supposedly posted?

- you need them to email you a copy of the Particulars of Claim while you wait on the phone.

Come back and tell us the 2 answers and show us the POC.

Yan_Aage

Coupon-mad said:

Yan_Aage said:

I had no idea I'd missed some 19 day cut-off that's great that the important document has gone missing it's  definitely not been put in my postbox. DCBL have the correct postcode.

Doesn't mean they used that address for the Claim! Especially not if you also have not received a Judgment for Claimant (in default) letter either.  I suspect DCB reverted sneakily to an old address.

Ring the CNBC at 8am (on the dot, to avoid a long queue) and ask:

- on what date was the Claim form supposedly posted?

- where EXACTLY was it supposedly posted?

- you need them to email you a copy of the Particulars of Claim while you wait on the phone.

Come back and tell us the 2 answers and show us the POC.

They said claim form was sent 17/12/2024.
The address they have is what DCB Legal have. I should have noticed this earlier but the address DCB Legal have is incomplete. My apartment number and block name isn't on there. Just the street address, town and postcode. Which explains why I didn't receive the letter from CNBC but doesn't explain why I've successfully received all the letters from DCB Legal. Anyway I did.

I asked them to send me the POC:

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  02/03/2024,    09/03/2024.                                  3. THE DEFENDANT IS PURSUED AS THE DRIVER OF THE VEHICLE FOR BREACH OF THE TERMS ON THE   SIGNS (THE CONTRACT). REASON:PARKED IN A     PERMIT AREA WITHOUT DISPLAYING A PERMIT.     4. IN THE ALTERNATIVE THE DEFENDANT IS       PURSUED AS THE KEEPER PURSUANT TO POFA 2012, SCHEDULE 4.                                  AND THE CLAIMANT CLAIMS                      1. £340 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 £.04 UNTIL JUDGMENT OR SOONER PAYMENT.       3. COSTS AND COURT FEES                   


On another point, I've dug out everything I received as I kept all the debt collector letters that I ignored after my POPLA appeals failed until I saw the Letter Of Claim. I seem to have 3 different PCN references on different letters but I only ever received 2 from UKPC and only appealed those 2 to POPLA.  I've got letters from ZZPS and then QDR Solicitors acting on behalf of them. My apartment number isn't on their letters either.
The PCN references end 902; 027; 019.
I've got:
QDR letter dated 3/7/24 for ref 902 asking for £170.
QDR letter dated 18/9/24 for refs 027 and 019 asking for £340.
I've seen nothing from QDR that actually say Letter of Claim or Letter Before Claim so never interacted with them.
DCB Letter of Claim is dated 26/7/24 asking for £170 and references PCN ending 902 (same as one of QDR letters.
DCB CCJ Letter asking 

Feels like I'm being chased by two different solicitors for the same thing. Why would UKPC send some to DCB Legal and some to QDR?

Car1980

"I should have noticed this earlier but the address DCB Legal have is incomplete. My apartment number and block name isn't on there. Just the street address, town and postcode. "

How does that compare with the address on your car's V5C form?

Not unusual for a parking company to use different debt collectors or solicitors. ZZPS and QDR are owned by the same person and generally never intend to go to court. It was then passed to DCBL and then DCB Legal. It's a murky industry.

Gr1pr

Doesn't matter who was chasing the alleged debts prior to the court claim , concentrate on the present and what matters,  only the Claimant parking company and DCB Legal currently matter , plus your V5c log book details too

Clearly the address is defective without those extra details to the flat itself,  so check your V5c as well , check the details on the UKPC letters and the DCB LEGAL letters , especially that address,  details are what count here 

Personally I would expect that you could achieve a set aside based on defective service of papers,  but it costs £303 that you might not get back