Conditions of CCJ staying my record

Nospiders123

Hi All, I am very new here so please be gentle with me. So I randomly received a N1SDT claims form from DCB legal following an over stay in a car park in 2023. The claimant being Smart Parking Limited asking for a sum of £274.88. Now I can barely remember what happened yesterday so trying to recall the events from 2023 will be tricky. Chances are that I was driving the car and they probably wrote to me but I have had a hard time keeping on top of things as a mum of 2 under 3. I have read the posts detailing the steps to challenge this. However, I have a few questions around CCJ's and its impact on ones record because I am in the middle of a mortgage renewal. I hope someone can help.

So my questions are will the CCJ stay on my record if I challenge this claim, lose but pay within 30 days.
How quick is the claims process usually, is it likely that I can challenge it and still get an outcome within 30 days so that I can pay within 30 days if needs and the CCJ does not stay on my record.

Lastly, I have a feeling I have more than 1 pcn with this parking company. What are the chances that I will get more N1SDT claims form if I pay this one.

Any help or suggestions will be greatly appreciated

kryten3000

Smart are pretty new to court having recently signed up to the DCB L(egal) recovery service.
They will be like most DCB Legal cases - discontinued if defended.

You don't need to admit to being the driver, if they don't know that helps because Smart aren't very good at keeper liability but that doesn't really matter because you won't pay.

IF you went to court and IF you lost and IF you didn't pay in full within 30 days then you would have a CCJ on your permanent record.  Stick with the tried and tested method of dealing with this and you will pay nothing.

Worst case scenario is that you lose then pay the judgment immediately. That would mean no CCJ is recorded, it will effectively disappear as if it never happened.  You might want to start saving now to protect yourself from this.

You want to defend this claim in full and use the template defence to help you. Don't do their job for them by adding any detail that is not listed in the Particulars of Claim.

They should have advanced their entire case against you in a single claim, drip feeding the court one claim per PCN is an abuse of the process and there are measures you can take to stop them doing this.

But for now, deal with the claim you have received and don't worry because this forum helps people win against the "outrageous scam".

Coupon-mad

You haven't got a CCJ.

You will not get a CCJ by following our advice.

No CCJ is left even if you lose (because you'd pay - less than this claim - and there's no effect on your credit rating). Why do you think we help everyone defend? Nobody here is risking a CCJ!

You are NOT going to pay this one, or any.

How quick is the claims process usually,

About 8-12 months until they discontinue.

But the timeline is totally irrelevant to you or your mortgage lenders because a claim form isn't a CCJ.

This stage is proper resolution. No risk.

Show us the Claim Form Particulars.

Nospiders123

Thank you for your prompt response.
This is the correspondence received. The other papers are info about responding.

I am feeling more confident about this matter already. 
So this letter is not actually the CCJ and the CCJ could only apply IF I don't respond or didn't pay within 30 days following a negative court appeal. 

Coupon-mad

Yep! This is why we do it!

You are not alone:

https://forums.moneysavingexpert.com/discussion/6609990/dcbl-parking-defence

https://forums.moneysavingexpert.com/discussion/6609963/n1sdt-from-dcb-legal

https://forums.moneysavingexpert.com/discussion/6609879/smart-parking-dcb-claim

And DCB Legal are very very likely to discontinue before the hearing.

DO NOT try to guess who was driving (do not add 'and driver' to the Template Defence, because you can add this to paragraph 3 of it:

The Claimant has never used the POFA 2012 and has never been able to hold registered keepers liable, so the solicitor signatory of the statement of truth on this claim is misleading the court by citing that law.

Look - the signatory has lied about relying upon the POFA:

Umkomaas

Standard DCB Legal cash grab. Follow forum advice and DCB Legal will discontinue. Need proof?  Please read the following thread. Have a look at the first few posts on it, then grab a few random ones and learn that they're all the same and end up the same way - discontinued, and out of your hair!

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1 

Nospiders123

Thanks everyone for your feedback and sharing appropriate links. 
I will send the AoS and get the ball rolling. I will check back in once I progress with the defense. Many thanks 

troublemaker22

Nospiders123, I've sent you a DM

Gr1pr

Nospiders123 said:

Thanks everyone for your feedback and sharing appropriate links. 

I will send the AoS and get the ball rolling. I will check back in once I progress with the defense.

Many thanks 

You dont send the AOS,  no paperwork is involved here 

Login to MCOL via the government gateway and complete only the AOS section on MCOL,  then logout again,  do nothing else on MCOL,  a 10 minute job, by following the advice in the 2nd post in the newbies sticky thread in announcements near the top of the forum by coupon mad 

So no posting anything at all, and it's NOT a CCJ , its a claim form from the CNBC in Northampton using MCOL 

Then check your private message from troublemaker22 above

Car1980

Classic DCB template. "Over free time" is literally pasted off the Excel document they sent across. That's all they do - send over a list to be made into court claims, half will pay and the rest go all the way to an eventual discontinuation.

They sign up new parking companies up to their scheme at the Parkex exhibition every year.

If there are 1000 on the list, it will cost £35,000 in court fees. Half paying up straight away will net them at least £100,000!

Castle

There's a password still showing.