2 Weeks before CCJ is permanent! TPS DCB Legal.

Smiling_Assassin17

Hi guys

Apologies if this stage has already been discussed, but I looked though the discussions for a few hours last night hoping for some reassurance, but didn't get exactly what I needed to do next. 

So, long story short (strap yourself in!)
- car battery died
- AA came out and said Halfords in round the corner, charged my battery enough to go get new battery fitted
- Managed to get my car to crawl round the corner and parked up just as the battery died again.
- waited hour & 1/2 to get battery fitted - got it sorted and drove home. 

Started getting letters through from TPS saying I owed like £60 - not paying that as my car couldn't actually move - ignore. 
Letters from DCB Legal - ignore, ignore ignore....
Court letter comes through...actually fill in the form and send it to the address stated well within the time frame. 
Got a letter back saying that I had sent the letter to the wrong address and now the time had passed. 
So it has now come to the point where I have been slapped with a CCJ which has tanked my credit rating and have till the 04/05/25 to pay it...£284. 
I've looked at getting the claim "set aside", but that's like £303 and If I lose, I really count afford it due to recently moved house and planning a wedding! (stressed much?!)

I'd like to know what my options are - how do I go about getting the CCJ sorted and removed, whilst not having to pay for something that I literally had no control over. 

I'd really appreciate any helpful guidance. Cheers. 

Coupon-mad

Court letter comes through...actually fill in the form and send it to the address stated well within the time frame. 
Got a letter back saying that I had sent the letter to the wrong address and now the time had passed. 

Where did you send your defence and why?

Smiling_Assassin17

I sent it to DCB Legal - I know it sounds a bit silly, but I was certain that's where it needed to be sent to. They sent me a letter back saying that they received my letter with my defence and it had been disposed of. I sent it as it was a GOV document and thought it was getting a bit serious now and needed to try and send an explanation. 

Coupon-mad

Oh dear. So sorry. Completely wrong.

It did not tell you on the claim form that you could just reply to DCB Legal. That was not an option.

The claim gave you a password for online defence and/or an address for the CNBC if you wanted to defend by post.

If you'd come here in March, we'd have helped you defend by email (which is the route we recommend for the CNBC) and you'd never have paid a penny.

Happy wedding plans but I am sorry to say you must take this on the chin and pay it in full on DCB Legal's Portal immediately.

Smiling_Assassin17

Yep. I thought as much - left it really late as I thought I would just get out of it by ignore, which had been a successful tactic of mine in the past. Even spoke tp Halfords, they said that they could've had it struck off it I'd gone to them sooner. Really gutted as I am genuinely in the right, but understand that this is a product of my own ignorance. Lesson learned. 

Smiling_Assassin17

Coupon-mad said:

Oh dear. So sorry. Completely wrong.

It did not tell you on the claim form that you could just reply to DCB Legal. That was not an option.

The claim gave you a password for online defence and/or an address for the CNBC if you wanted to defend by post.

If you'd come here in March, we'd have helped you defend by email (which is the route we recommend for the CNBC) and you'd never have paid a penny.

Happy wedding plans but I am sorry to say you must take this on the chin and pay it in full on DCB Legal's Portal immediately.

So, I have found myself in a similar situation which predates my previous issue, and, believe me, I am trying to learn from my mistakes!

I have received a LOC from DCB Legal about a car park charge (not clear signs - very sneaky) and I want to make sure I get it right to avoid paying another £300. Apologies that I might be outside of the expectations of a "noob". 

Just so I've got this right, now that I have received the LOC, I should email DCB Legal with the blurb from the noob guidance that explains that I'll fight this - seeking legal advice etc?

The carpark was for a Home Bargains, where I have tried to complain and they say they have nothing to do with the external parking company...which I find very hard to believe. 

I have spent all night sifting through various past cases and I'm exhausted. If you can please tell me I'm on the right track, I will be extremely grateful! 

Coupon-mad

seeking legal advice etc?

Seeking DEBT advice, but yes.   

Smiling_Assassin17

Excellent. Thanks. just to double check, (after following the good thread and sifting though the forum, I can send the blurb to the email address: info@dcblegal.co.uk? You stated on a thread a few years ago that they all work and I couldn't find anything else. 

Umkomaas

Smiling_Assassin17 said:

Excellent. Thanks. just to double check, (after following the good thread and sifting though the forum, I can send the blurb to the email address: info@dcblegal.co.uk? You stated on a thread a few years ago that they all work and I couldn't find anything else. 

Send to all and every DCB Legal email addresses you have, which gives you the best chance of hitting the bullseye. 

'A few years ago' - things move so rapidly in this money-grabbing sector, I wouldn't be relying too heavily on anything more than a few months old. 

Smiling_Assassin17

ok - I've waited a few weeks after I received the LoC, so I've now a drafted the email below. I've added some of the recommendations into it from the newbie links and I just wanted to make sure I'm heading down the right path. Could I please have your wise council on this please?

"Dear DCB Legal Ltd

Your Ref: 711200067425PEL 
Proposed Legal Proceedings
Claimant:ParkingEye Ltd

I refer to your letter of claim.

The alleged debt is disputed and any court proceedings will be vigorously defended.

I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists".

Don't send me your usual blather about that.
I have two questions, and under the PAP, I am entitled to specific answers:

1. Am I to understand that the additional £70 represents what you lot dress up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?

2. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

I am the registered keeper of the vehicle. I am not obliged to identify the driver and I decline to do so. As there is no legal presumption that the keeper of a vehicle was its driver on any particular occasion, your client cannot pursue me as driver (see VCS v Edward, 2023).

As your client cannot pursue me as driver or keeper, it would be an abuse of the court’s process for your client to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your client’s unreasonable conduct”

Yours faithfully"

Any feedback would be greatly appreciated!

Gr1pr

Yes, email that LoC response to the lawyers 

Ps, Home Bargains will be a tenant,  so are correct,  they didn't employ Parking Eye,  the landlord did, the retail park management company