CCJ from DCB Legal for parking in own space

Yan_Aage

Coupon-mad said:

So you won't be showing the V5c!

Read the NEWBIES thread about what to do first. You haven't mentioned reading that advice yet and sending the email first.

Can you confirm which email you mean please? I read the bit about emailing and not sending a letter to to DCB Legal basing it on that template I did that and had been corresponding via email with an individual there. None of the content was about the address issue though it was just about the actual circumstances of the PCNs.

If you mean the email along with N244 to CNBC no I haven't done that yet. Was waiting to see the response to my V5C having the same incomplete address in case that had scuppered my case. If not I was going to start that process and call them again to say I wanted to set aside and pay that fee.

Coupon-mad

Coupon-mad said:

So you won't be showing the V5c!

Read the NEWBIES thread about what to do first. You haven't mentioned reading that advice yet and sending the email first.

Above advice hasn't changed.

You are required to act promptly.

Yan_Aage

I've sent off my N244 and accompanying docs and paid the fee....

Car1980

Address wise I'd take the approach that they were at fault for not including the flat number as it's obvious a letter sent to a block of flats with no number won't get there. If they're ticketing space number 123 how can they not realise the address to send correspondence to would be 123? 

Coupon-mad

Car1980 said:

Address wise I'd take the approach that they were at fault for not including the flat number as it's obvious a letter sent to a block of flats with no number won't get there. If they're ticketing space number 123 how can they not realise the address to send correspondence to would be 123? 

And the 'soft trace' that is mandatory in the CoP before litigation, would have displayed the full flat address.

alchemist777

Yan_Aage said:

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?!

If your leasehold apartment comes with an allocated parking space -and it's included in the deeds, no private company can introduce a parking permit scheme after this. You don't need any permit if your allocated parking space is in your deeds. >The Private Parking Sector Single Code of Practice

https://www.britishparking.co.uk/write/Documents/AOS/NEW Redesigned Documents/sectorsingleCodeofPractice.pdf

See section 14-Relation with the Landowner (pg30)

NOTE 3: Particular care is needed to establish appropriate contractual terms, including the
application of parking terms and conditions, in respect of controlled land where
leaseholders may have rights that cannot be qualified or overruled e.g. by imposing a
requirement on the resident of an apartment block to display a permit to park in
contravention of their rights under their lease, or to ensure that free parking periods do not
breach planning consents

Yan_Aage

Been a while cos CNBC apparently lost/deleted my docs. I wasn't aware of timescales and noticed acknowledgment email said please do not chase so I didn't for a while just assumed it was the wheels of justice turning slowly! Anyway I eventually did chase to be told they'd lost the docs so I had to send them again.

I've now got a date. Obviously its fallen on a day I'm on a 12 hour shift in another city. Apparently I have to pay another N244 fee to request a date change which I wasn't expecting another punch in the gut. That's £600 now honestly wish I'd just paid the parking tickets at this point but I guess that's what they want.

Yan_Aage

alchemist777 said:

Yan_Aage said:

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?!

If your leasehold apartment comes with an allocated parking space -and it's included in the deeds, no private company can introduce a parking permit scheme after this. You don't need any permit if your allocated parking space is in your deeds. >The Private Parking Sector Single Code of Practice

https://www.britishparking.co.uk/write/Documents/AOS/NEW Redesigned Documents/sectorsingleCodeofPractice.pdf

See section 14-Relation with the Landowner (pg30)

NOTE 3: Particular care is needed to establish appropriate contractual terms, including the
application of parking terms and conditions, in respect of controlled land where
leaseholders may have rights that cannot be qualified or overruled e.g. by imposing a
requirement on the resident of an apartment block to display a permit to park in
contravention of their rights under their lease, or to ensure that free parking periods do not
breach planning consents

Thanks for that.

Coupon-mad

Yan_Aage said:

Been a while cos CNBC apparently lost/deleted my docs. I wasn't aware of timescales and noticed acknowledgment email said please do not chase so I didn't for a while just assumed it was the wheels of justice turning slowly! Anyway I eventually did chase to be told they'd lost the docs so I had to send them again.

I've now got a date. Obviously its fallen on a day I'm on a 12 hour shift in another city. Apparently I have to pay another N244 fee to request a date change which I wasn't expecting another punch in the gut. That's £600 now honestly wish I'd just paid the parking tickets at this point but I guess that's what they want.

As long as you act quickly and get the Claimant to agree to change the hearing date, there's no fee and no application needed. Email the solicitors now.

Yan_Aage

Coupon-mad said:

Yan_Aage said:

Been a while cos CNBC apparently lost/deleted my docs. I wasn't aware of timescales and noticed acknowledgment email said please do not chase so I didn't for a while just assumed it was the wheels of justice turning slowly! Anyway I eventually did chase to be told they'd lost the docs so I had to send them again.

I've now got a date. Obviously its fallen on a day I'm on a 12 hour shift in another city. Apparently I have to pay another N244 fee to request a date change which I wasn't expecting another punch in the gut. That's £600 now honestly wish I'd just paid the parking tickets at this point but I guess that's what they want.

As long as you act quickly and get the Claimant to agree to change the hearing date, there's no fee and no application needed. Email the solicitors now.

Oh ok. Be nice if the court would maybe advise doing that. Too much to ask tho I guess. Thanks I will.