CCJ from DCB Legal for parking in own space

Yan_Aage

Hi I got this from DCB Legal today. So I have "won" but the hearing is going ahead for the issue of costs am I correct? Am I likely to get my £300 back? Sounds like it's unlikely to me. So I may as well have paid the tickets! I guess that's the point. Try to get people to just pay and not bother with the hassle.


We write in relation to the above matter wherein we are instructed to act on behalf of the

Claimant.

We have received the Defendant’s Application dated 30/01/2025 and note the content.

The Claimant accepts that, although reasonable steps were taken to ascertain the

Defendant’s current address by conducting a pre-issue trace pursuant to CPR 6.9(3), the

Defendant did not receive the Claim Form and therefore did not have the opportunity to

defend the Claim.

In light of the above, the Claimant does not oppose the Defendant’s Application and

requests that the attached Draft Order is placed on the Court file for sealing at the upcoming

Hearing.

In the event that the Defendant also seeks to recover the costs of making the Application to

set the Judgment aside, it is respectfully submitted that the Claimant has not acted

unreasonably. All correspondence was sent to the last known address pursuant to CPR 6.9.

Furthermore, pursuant to CPR 27.14, the Defendant is not entitled to costs incurred where

the matter has been allocated to the Small Claims Track. If the matter had proceeded, it is

reasonable to assume the Claim would have been allocated to the Small Claims Track,

given the complexity and balance of the case.

We can confirm that an advocate will be in attendance at the upcoming Hearing.

We should like to thank the Court for their continued assistance in this matter and look

forward to receiving the sealed Order in due course.

DRAFT ORDER

Before District Judge ___________________________

UPON considering the Defendant’s application dated 30/01/2025;

AND UPON the Claimant accepting that, although all reasonable steps were taken to ascertain the Defendant’s

current address by conducting a pre-issue trace pursuant to CPR 6.9(3), the Defendant did not receive the Claim

Form and therefore did not have the opportunity to defend the Claim;

AND UPON in view of the above, there is some other good reason for Judgment to be set aside pursuant to CPR

13.3;

IT IS HEREBY ORDERED AS FOLLOWS:-

i. The Judgment entered herein on the 10/01/2025 be and is hereby set aside;

ii. It is recorded that a request for cancellation of the Judgment has been sent to Registry Trust Limited;

iii. The Claim be marked as dismissed; and

iv. There be no order as to costs.

Dated

Coupon-mad

Car1980 said:

"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 said:

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

Just reminding us all of the background: the V5C was missing the apartment number/block name.

So an OLD address was not used. A slightly wrong address was used...

However, is there any evidence that DCB Legal did a trace and that your credit record wouldn't have shown the full address? You can get a copy of your own credit record and see for yourself what DCB would have seen, had they done this trace that they say they did.

So I have "won" but the hearing is going ahead for the issue of costs am I correct?

Nope!  This is just what DCB want. This is a draft order.  You have already put in a draft order with your WS haven't you?  So the hearing will be the judge deciding. Either way your CCJ will be set aside.

Car1980

If the judge is reluctant over costs ask that they be reserved until after the main hearing.

Take your lease and everything you sent to DCB/Nob Parking Ltd with you.

The judge may still ask some questions about the claim, so the lease issue could interest them. Be ready to call out their unreasonableness considering your lease says "quote...".

Yan_Aage

Hearing was yesterday. Claim dismissed judge awarded me my £303 N244 fee back and added on £6 for the Uber I got there hahaha! I enjoyed that.

Coupon-mad

Yan_Aage said:

Hearing was yesterday. Claim dismissed judge awarded me my £303 N244 fee back and added on £6 for the Uber I got there hahaha! I enjoyed that.

Brilliant news!

Is the claim struck out or do you now have 14 days to defend it!?

Talking of 14 day deadlines, please do this because we all are. This crap needs to end:

FIGHTBACK ALERT:

Please do the government's Public Consultation. We need every poster to complete this vital survey before the deadline.

See this thread:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-now-extended-closes-friday-26th-september/p1

We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law. 

I've written some guidance to help focus new posters on the issues. I've covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

Ordinary people like you are falling victim to this scam 15 million times per annum. Motorists need your voice added please.

CLOSES ON FRIDAY 26th SEPTEMBER.

Yan_Aage

Their legal person was a bit quiet and unauthoritative which gave me confidence I was surprised not the sort of personality I was expecting. Asked me for a word before the hearing but just told me what I already knew didn't make an offer or anything so not sure what his point was. Got the vibe early on that the judge was sympathetic and I don't think had much time for those companies. She made a comment about me not being able to attend first hearing "For having the audacity to work for a living." I handed her a submission on costs claim I'd printed out she read it and that was pretty much it awarded me the costs and gave them 21 days to pay.

Coupon-mad

Ah so this was your second hearing, claim dismissed - sorry I missed that - yay!

ANOTHER ONE BITES THE DUST!