Judgment issued in default for private pcn

dk007

Coupon-mad said:

Adapt the email that's already written in post 2 of the NEWBIES thread section about CCJs. You'll just need to remove sentences that make no sense and replace with the fact that you are prepared to pay the claim.

Thanks, are you referring to below section and the draft letter in it.

https://forums.moneysavingexpert.com/discussion/comment/80636476/#Comment_80636476

dk007

Hello Experts,

Please could you confirm if I am referring to the correct draft letter. 

https://forums.moneysavingexpert.com/discussion/comment/80636476/#Comment_80636476

DCB legal is not letting me speak to the case manager so i can understand if they would be willing to set it aside if I make full payment and based on the fact that the address was wrong and also to know what documents I would need to send,  but they are not letting me speak to the case manager or even give her email id to write to . They are only asking to send an email to info@dcblegal.  Just for information, my dvla address is same as my current address and has been like that for long long time and dcb legal  also had sent their intial letters on the same address, it is only when it went to debt collectors, they provided them this other address, claim form ended up at the other address.

dk007

Hello Experts,

Firstly many thanks for the helpful advice so far. I am bit stalled here,  not getting any replies on this thread, has this thread been closed or am i not following the right process here, not sure what to do next here.

Please can someone respond and also let me know the process to set it aside if I agree to pay the full amount on default judgment. 

1) If the link above is the right link to follow to write to the DCB legal
2) If they agree to set it aside, do i need to still apply to the court by filling N244 and would have to attend a hearing to set it aside and what process to follow there.  or is there an easier way if dcb legal agrees to set is aside and they just let the court know and it gets set aside without extra fees and hearing etc.

Many thanks

Gr1pr

No it's not closed,  but we are only volunteers here advising people about private parking charge issues, especially common issues,  but your queries are about the legal system, not the parking system 

If you aren't getting replies it's probably because 

1) we read your queries,  dont reply and move onto another case which we can assist with 

2) we dont know the answer to your queries,  so don't reply ( no legal experience for 95% of us here   )

I just read todays queries of yours, replied with the best of my knowledge and experience to some points that you raised, but not your main legal queries,  lots of people replying saying they don't know doesn't help you at all

3) the forum is buckling under the sheer volume of mainly legal cases,  whereas 10 years ago it was about private parking charges, not legal cases, not court cases,  not set asides

4) so threads soon disappear off page 1 into oblivion, as will your thread by tomorrow,  it's just too busy, too many people wanting their case to be a priority 

Duke1999

Surely if you have a real prospect of defending the claim. 

Even if you received the papers, if your defence is strong and you act quickly, the court may still set aside the judgment, but nothings ever guaranteed and with the Claimants consent it is more likely to get set aside.

Coupon-mad

dk007 said:

Hello Experts,

Firstly many thanks for the helpful advice so far. I am bit stalled here,  not getting any replies on this thread, has this thread been closed or am i not following the right process here, not sure what to do next here.

Please can someone respond and also let me know the process to set it aside if I agree to pay the full amount on default judgment. 

1) If the link above is the right link to follow to write to the DCB legal
2) If they agree to set it aside, do i need to still apply to the court by filling N244

Yes , but tick 'without a hearing'.

And the fee is ? £127 instead of £313 for an application needing a hearing. However, there is no guarantee that a consent order WILL be accepted by a judge. And if you've paid them, you then leave yourself with zero leverage, if a CNBC judge sees no grounds in the Consent order and says NO.

This is why we don't recommend to do it that way usually. And because paying scammers isn't moneysaving.

I would say 'with consent' is NOT necessarily more likely to get a CCJ set aside. Depends if the Consent Order has grounds under CPR 13.2 or 13.3 and "the Defendant has now paid" is not a reason in itself in the rules.