NPC / DCBL Notice of Debt Recovery. Advice Needed before Midnight Please.

Johnersh

Provided the o/p left a new address with the PPC, this is a set aside with a claim for costs since they were on notice that the defendants address for service had changed.

They proceeded to issue knowing the defendant had gone away and applied for judgment in default in that knowledge. There is ample scope to argue unreasonable conduct.

ChirpyChicken

NPCBullies said:

Coupon-mad said:

Haven't you set up Mail forwarding?

might sound stupid but i have no idea how to do this. The old flat I used to live in was also a free for all for mail- we lost letters tons of times. The only thing I know for sure is on the day of moving out (and letting DCB Legal know of the change of address) there was 100% nothing delivered to the old flat.

you contact the royal mail........

Coupon-mad

ChirpyChicken said:

NPCBullies said:

Coupon-mad said:

Haven't you set up Mail forwarding?

might sound stupid but i have no idea how to do this. The old flat I used to live in was also a free for all for mail- we lost letters tons of times. The only thing I know for sure is on the day of moving out (and letting DCB Legal know of the change of address) there was 100% nothing delivered to the old flat.

you contact the royal mail........

...and just google how to do it.

how long after submitting a N244 does the entire process last until the CCJ is removed?

Can be months. After the hearing which won't be immediate. How long did you give DCB Legal to reply? If you are past that time, do your N244 and WS and draft order this week.

NPCBullies

Thanks guys. Re. Mail forwarding I honestly never knew that was even a thing and was too late at that point but hindsight I guess. Good to know now.

DCB Legal said I had to reply within 7 days so I just gave them the same deadline they gave me to answer- which they didn’t.

I will brief the N244 this week given they aren’t replying- but does anybody know if DCB Legal even have the power to withdraw the CCJ? Like can they actually solve this themselves or a N244 submitted by myself is needed regardless

Coupon-mad

They can certainly apply to set it aside but they won't want to pay the fee.

And there's nothing in it for them to play ball.

NPCBullies

Coupon-mad said:

They can certainly apply to set it aside but they won't want to pay the fee.

And there's nothing in it for them to play ball.

God I hate these guys. Thanks for quick answer. Would you recommend I get a small firm to do this set aside appeal process myself and then apply to get the costs back from DCB Legal or given I have solid proof I didn’t live at the address and I informed DCB Legal before they sent the CCJ of this it should be a pretty easy set aside? 

Not sure on costs asking a small legal firm to do this for me (i can ring a few) but maybe it’ll speed up the process idk

Thanks again for the help

Coupon-mad

If you do, ask Contestor Legal as they know parking law. Other solicitors do not specialise in these cases like CL do!

NPCBullies

Coupon-mad said:

If you do, ask Contestor Legal as they know parking law. Other solicitors do not specialise in these cases like CL do!

You are the best thank you SO much. Assuming that you are referring to https://contestorlegal.co.uk/ (can you confirm it’s this one please just in case)

They said happy to take case (if anything they were practically foaming at the mouth to take it). £613 apparently to begin the process and for them to ask DCB Legal to set aside. If they refuse then take to court and there will be additional costs. All costs will be recovered and if car insurance increases etc… they can also apparently get that fully recovered too.

Sounds too good to be true? If not I’ll go with them and start process tomorrow. 

Thank you so much. 

Coupon-mad

Not too good to be true! That is them.

Jackson Yamba was even successful in the Court of Appeal in VCS v Carr in May and got all costs. That's now binding case law (for CCJ parking cases) that paves the way for your case too.

Search the forum for his name... you'll see.

I'd be hopeful you get all your costs back and may never have to pay the PCN either.

Do let us know the outcome!

NPCBullies

Coupon-mad said:

Not too good to be true! That is them.

Jackson Yamba was even successful in the Court of Appeal in VCS v Carr in May and got all costs. That's now binding case law (for CCJ parking cases) that paves the way for your case too.

Search the forum for his name... you'll see.

I'd be hopeful you get all your costs back and may never have to pay the PCN either.

Do let us know the outcome!

Hey! I passed the case over to Jackson at Contestor Legal to sort given DCB Legal didn’t reply to any email about them sending CCJ to the wrong address for months.

Around 1 month after contacting Jackson, I have just now received an email from DCB Legal saying they will set aside the CCJ (acting like they are doing it out of goodwill vs purposely ignoring my address change emails- laughable email).

Anyway, I believe this is great news right? The only thing is they are asking for just over £400 to set it aside and said “judgement to be set aside *providing that the debt and court fee for the consent order are paid in full*”

From looking online it costs roughly £300 to set aside a CCJ- net, is this £400 fee including the original fine of the parking ticket then? Can I recover all this money back?

I have forwarded the email over to Jackson but thought I’d update you guys too.