Euro Car Parks PCN > DCB Legal > County Court Judgement Letter

FingerBlob

Hi all,

I'm just looking for some pointers on where I stand after getting this letter from DCB Legal.

A breif history:

My wife received a PCN from Euro Car Parks after an alleged oversdtay (9 min to get the ticket and about 1 min 42 sec over the ticket expiration to exit the car park).

We didn't appeal to POPLA within the 30 day and it got passed onto DBL Legal so we got the string of threatening letters.

Then came the Letter Before Claim at which point we filed for it to be "set aside" on the MCOL site.

Now, they've sent this letter regarding a CCJ and we're wondering if this means they have secured a CCJ against her or are just poisturing again?

We have prepaired our case and are more than happy to fight this in court given the chance on the following points:

She wasn't the driver.

The driver has mobility issues.

Poor signage.

Misquoted Freedom Of Information Act on PCN.

Rounding up period of overstay from 10 min 42 sec to 11 min on PCN

Any advice or a link to simialr situation would be most apreciated as my head is spinning from searching the forum.

Gr1pr

They are chasing an alleged historical ccj, meaning that it sounds as if there is already a pn outstanding CCJ

You need to check if there is a CCJ against the registered keeper , against her

It seems to me that the defendant received a COURT CLAIM,  not a Letter of Claim,  that the defendant did something on MCOL,  didn't defend the case so a default Judgment was issued,  last month

The full payment deadline is tomorrow,  15th August 

Post a redacted picture of the N1SDT claim pack form from the CNBC in Northampton below 

h2g2

This is odd. After the letter before claim you should have received a claim form, and been able to respond to that.

Did you never receive a claim form?

If you did not, you need to contact the court ASAP to establish the details where the claim form was sent, and begin the process of having the CCJ set aside.

If DCBL have sent this in error and there is no CCJ this should certainly be reported to the SRA.

So follow up with the court to establish what happened to the claim form and, once you know that, come back here (into this thread again) for guidance.

DE_612183

you don't "set aside" a Claim - you defend it - you failed to defend it so judgement was awarded against you.

you can now either pay the CCJ within 28 days(?) or apply for it to be set-aside and then defend properly.

FingerBlob

h2g2 said:

This is odd. After the letter before claim you should have received a claim form, and been able to respond to that.

Did you never receive a claim form?

If you did not, you need to contact the court ASAP to establish the details where the claim form was sent, and begin the process of having the CCJ set aside.

If DCBL have sent this in error and there is no CCJ this should certainly be reported to the SRA.

So follow up with the court to establish what happened to the claim form and, once you know that, come back here (into this thread again) for guidance.

Seems we did receive a claim form whilst on holiday so we had little time to respond.

We asked for it to be set aside and applied for help with the fee £313 as we are on a low income but heard nothing.

FingerBlob

DE_612183 said:

you don't "set aside" a Claim - you defend it - you failed to defend it so judgement was awarded against you.

you can now either pay the CCJ within 28 days(?) or apply for it to be set-aside and then defend properly.

We did as for it to be set aside and completed the financial help form to cover the £313 fee for doing so as we are on a low income.

FingerBlob

Gr1pr said:

They are chasing an alleged historical ccj, meaning that it sounds as if there is already a pn outstanding CCJ

You need to check if there is a CCJ against the registered keeper , against her

It seems to me that the defendant received a COURT CLAIM,  not a Letter of Claim,  that the defendant did something on MCOL,  didn't defend the case so a default Judgment was issued,  last month

The full payment deadline is tomorrow,  15th August 

Post a redacted picture of the N1SDT claim pack form from the CNBC in Northampton below 

Thanks for the reply.

Seems I have very little time to do anything about it but here's a pic of the claim form.

Really angry at myself now as I have a very good case against the PCN.

Coupon-mad

Oh dear.

But if you get Help With Fees, as long as a temporary blip of a CCJ isn't going to affect your credit plans this year, I'd suggest you may as well NOT Pay it, and instead apply to actually set the CCJ aside (and hopefully pay no fee).

I've sent you a pm.

On what date did you email off a n244 application?

FingerBlob

Coupon-mad said:

Oh dear.

But if you get Help With Fees, as long as a temporary blip of a CCJ isn't going to affect your credit plans this year, I'd suggest you may as well NOT Pay it, and instead apply to actually set the CCJ aside (and hopefully pay no fee).

I'll see if this is one that @troublemaker22 (a solicitor expert in these cases, who I know and can vouch for) thinks is something he can fit in to assist you with, given your vulnerability.

Thanks for sounding kind as I have been prepared to go to court with this and it's my own fault for missing what the Claim Form actually meant and the limited time frame.

I was being naive in thinking that we'd get a letter with a court date.

Anoying thing is we'd been going to fight this on principal.

That's food for thought and I think we only have until tomorrow to avoid the CCJ, so better start thinkig what to do.

Main thing being the cost to have it set aside (if we don't qualify for help) compared to the claim itself.

Coupon-mad

Check out Help With Fees now. You can probably tell.