Auto Security Ltd (Autosec) and DCBL surprise CCJ

mildlyirritated

Hi everyone,

Having received a shock CCJ against me I'm here like many others for guidance to set aside the judgement. I've read the advice and gone though some of the steps as follows;

• supposed breach of parking rules April 2020 (for not parking in a marked bay). This was at the car park where I rented. The car park was a flat gravel with no marked bays until 2022.
  
• My car written off by insurance in August 2020, I provided the V5 to them so I imagine it was recorded with DVLA as such.
• Jan 2023 I moved out from the flat in England returning to Northern Ireland where I reside. I left a 3 month Royal Mail postage divert. I rented from August 2019 without issue.
• July 2023 CCJ against me. I also updated my electoral roll promptly.
• Around Sep 2023 I discovered the CCJ when completing employment vetting - which I almost failed because of this. I am now applying for a different job which will not permit a CCJ.
• I sent a letter to Autosec and DCBL Oct 2024 using the template here - both companies ignored.
• Followed up letter with another chasers and an email - again ignored.
• SAR request to both companies - DCBL have replied with a simple confirmation of my old address and details. Nothing related to the supposed breach or court papers.
• I have never received any documentation relating to the parking or CCJ except when I emailed the court for a copy of the judgement.

I am now ready to send a N244, however should I apply to the English court or do a similar process locally considering I reside in Northern Ireland? It would cost me hundreds to attend in person. I suspect the timeline is like this because the letting agent tells the companies when people move out.

All advice greatly received.

Coupon-mad

Was the claim form sent to an address in England?

I think because you've delayed so long since discovering the CCJ (18 month delay) you have a low chance of success.

For that reason and because it would cost you hundreds to attend in person to an English court, I'd try to get consent to set aside on the basis of the old address being used by whoever filed the claim (which solicitors)?

To do this you'd have to pay the CCJ in full and £129 court fee as well. Sadly.

If it was DCB Legal I suspect you sent your emails wrongly to DCB Ltd, hence they ignored because they didn't file the claim.

If you don't know which solicitors filed the claim you need to ring the CNBC and ask for a copy of the POC to be emailed to you and which solicitor was it? Date of claim?

mildlyirritated

Thanks,

I have received this from CNBC but nothing else. I emailed the court to get copies of the papers but have received nothing, after all its not their duty I suppose.

I have checked and I have indeed written to and emailed the correct solicitor DCBL Limited. DCB Limited have today emailed requesting the payment as they seem to be the collections agent.

 

Claimant: AUTO SECURITY LTD T/A AUTOSEC

Claimant solicitor: DCB LEGAL LTD (7451)

Telephone: 0203 434 0433

Reference: [removed by Forum Team]

Judgment amount:£ 322.36

Particulars of claim: 1. THE DEFENDANT(D) IS INDEBTED TO THE       CLAIMANT (C) FOR A PARKING CHARGE(S) ISSUED  TO VEHICLE ******* AT ******* 2. THE PCN DETAILS ARE 30/04/2020,****** 3.THE      PCN(S) WAS ISSUED ON PRIVATE LAND OWNED OR   MANAGED BY C. THE VEHICLE WAS PARKED IN      BREACH OF THE TERMS ON CS SIGNS (THE         CONTRACT), THUS INCURRING THE PCN(S).4. THE  DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID  NOT. D IS LIABLE AS THE DRIVER OR KEEPER.    DESPITE REQUESTS, THE PCN(S) IS OUTSTANDING. THE CONTRACT ENTITLES C TO DAMAGES.          AND THE CLAIMANT CLAIMS                      1. £170 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 RATEOF £0.02 UNTIL JUDGMENT OR SOONER PAYMENT. 3.COSTS AND COURT FEES                                                                                                                                                                                                                                                          

Coupon-mad

I have checked and I have indeed written to and emailed the correct solicitor DCBL Limited.

No, it looks like you didn't - I was correct then. The claim was filed by DCB Legal and it is them who you must email the usual email to (see the CCJ set aside section of the NEWBIES thread).

mildlyirritated

Apologies, thank you. Should I just pay rather than an unlikely challenge and have less hassle?

Coupon-mad

mildlyirritated said:

Apologies, thank you. Should I just pay rather than an unlikely challenge and have less hassle?

What? That cements the CCJ damage for six years (from judgment) on your credit rating!

Paying doesn't wipe a CCJ!

I advised you exactly what to do to wipe it. Does credit rating matter to you? It doesn't to everyone (me, for example).