Multiple CCJs from PCNs I was unaware about. URGENT, PLEASE HELP!

TubDecaf4

Coupon-mad said:

TubDecaf4 said:

ChirpyChicken said:

No why would you. They are bound to say that

Do I need to do anything here or be worried? I didn’t really see anything similar in other threads. How likely is it for the judge to dismiss my set aside application?

No worries.

This is your hearing for your application and DCB Legal always send that. To find cases like it, search the forum for some unusual words or specific phrase from it.

No doubt they've attached the usual Draft Order trying to wriggle out of your costs.

Seen dozens of times this year. You will find lots of examples if you search cleverly. I mean look, here's one from just last week, exactly the same; they've now had their CCJ hearing and got costs:

https://forums.moneysavingexpert.com/discussion/6583865/ccj-from-dcb-legal-for-parking-in-own-space/p5

I opened one CCJ form issued 26/11/2024 which is amounted for £495, and then I opened another one which was issued on 04/04/2025 and that’s amounted for £1210!!! 

Remind us, do you have two applications in and one of them (the big one) was to Stay the Writ? And the smaller one is to set aside the CCJ? Did DCB Legal reply to both?

The only things to do are:


1. Prepare for the hearing well, using VCS v Carr (Court of Appeal) as the binding case law that says the CCJ must be set aside AND the claim struck out for want of service within 4 months AND you get all your costs, as the case was never allocated to track. Assume your judge will NOT know about VCS v Carr and that the Judge might start by saying "this'll be quick: good news the Claimant has agreed to your set aside." Your answer: "NO. Not quick, their Draft Order is not OK judge...." then adduce VCS v Carr & explain what should happen: see above!


2. This please, in the next 2 weeks:

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.

Good afternoon, I just had my court hearing. The judge asked me to speak with my defense. I explained the situation and she asked me if I had another case I’d like to refer to. I did bring up VCS vs Carr and the relevant points.

The claimant solicitor did the same but referred to the fact that my claim was served at my last known address, that she was waiting on evidence from Total Parking Solutions that there were parking signs at the university parking lot. They also made the point that my defence wouldn’t be strong enough and mentioned another binding case that I can’t exactly remember.

in the end, the judge instructed me that the stay the writ order has been awarded but the set aside hasn’t as I need to provide a draft order and witness statement to be emailed to them and the claimant for another hearing within 5 weeks. The judge says I need evidence to showcase that I was not served the claim and cj properly at my last known address.

I’ll admit, I did not write up a draft order and witness statement before, I didn’t understand them from other threads to be honest. The court process is very confusing to me but that’s my fault for not taking this more seriously. My fear is that the solicitor has MUCH more information on my self to argue against. I’m also already in the process of writing a new draft order.

Has this hurt my case? Can you offer any advise?

Coupon-mad

Sounds OK.

The other case was ParkingEye v Beavis but your signs are not the same as that case.

You just need to do a WS explaining how come the claim was not received and that after 4 months it expired unserved. Case law for that is a long list starting with VCS v Carr.

And attach proof of your address change (updated driving licence? Bank statement or utility bill) and attach a screenshot of a free online Experian or similar credit report proving you were 'there to be found' had TPS done the mandatory soft trace required by the Code of Practice.

As you have two large value cases, if you want help, you could contact David at Small Claims Advisor and see if he is able to draft these for you:

https://smallclaimsadvisor.co.uk/contact-us

Or use Contestor Legal. Google them.

If not, just search the forum for

CCJ DRAFT ORDER 4 MONTHS