Urgent help needed: Smart Parking / DCBL threatening bailiffs after default CCJ

pistachioicecream

DCB Legal haven’t responded. I was prepared to increase the settlement offer as suggested above if they had responded and entered into negotiations but I’m thinking a set aside application is the way forward now.

The forum posts about their bulk claims have certainly made interesting reading.

Coupon-mad

pistachioicecream said:

DCB Legal haven’t responded. I was prepared to increase the settlement offer as suggested above if they had responded and entered into negotiations but I’m thinking a set aside application is the way forward now.

The forum posts about their bulk claims have certainly made interesting reading.

I am glad you are moving towards doing a set aside application. The fee for that is £313 but you can try asking for that back at the hearing and (first) in your Draft Order that goes with your WS & N244..

We can't be sure the Claimants would be ordered to pay it back because - after all - they properly served the claim, but it depends on your judge at your hearing. And what you say at that hearing to persuade the judge to set aside the CCJ.

You need to know that the CCJ will hit your credit rating in the meantime, from now until the hearing. It won't be frozen or wiped until a judge (hopefully) agrees with you and uses the court's discretion to let you defend the claim.  

Your case will have to be argued under CPR 13.3 (the court's discretion). It isn't guaranteed and is slightly unlike other cases here which arise due to the claim going to an old address and they can use VCS v Carr. You can't.

Your WS (to accompany your N244) will need to:

- show that you have now acted promptly. The judge will look at how quickly you acted once alerted to the CCJ and your N244 and WS should certainly be sent by email to the CNBC and the fee paid, early next week. Promptness is part of the rationale under CPR 13.3.

- evidence your illness which prevented you from seeing the letters before Christmas, such that you missed the deadline to defend.

- show that you have good prospects of success because (explain defence about the unreliable keypad not functioning at the gym which you then left in protest at the unfair charges). As you were driving, I think you should admit that (which is a shame because the POC lie about POFA and keeper liability).

- point out that adding two x £70 - which in cases where it is paid, DCB Legal effectively split with the Claimants, who unjustly profit - is certainly not an actual 'fee' or true head of cost. Not only have they counted it twice, which is plainly wrong but it is 'double recovery' anyway, because ParkingEye v Beavis held that the 'enforcement costs' must be and are accounted for in the PCN itself.

- point out that the claim was improperly loaded with 8% interest, seemingly on the whole lot and yet with no calculation or dates. S69 of the County Courts Act 1984 grants courts a discretionary power to award simple interest but these claims from DCB Legal seek 8% (calculated on an unconscionably high sum from an unspecified date) pre-loaded on the top line of claims. This means improper interest is being automatically granted for every default CCJ. The Claimant seeks false 'damages' and improper interest with the object or effect of unjustly enriching them - and/or DCB Legal - in every undefended case.

- mention that you attempted to negotiate to settle the matter in January 2026 (after recovering from debilitating life events and illness and discovering, to your horror, that you already had a CCJ) without any admission of liability. But DCB Legal's solicitors ignored you and passed the file to DCB Ltd who are known to add unexplained monies on top of a CCJ despite it not being subject to a writ or bailiff action. This has left you with no option but to apply to set aside the CCJ.

etc.

pistachioicecream

Thank you so much for your advice @Coupon-mad, I will get right on to submitting the N244 and will be sure to include your helpful suggestions in my witness statement.

CAB had advised me to move my car to a safe location just in case, so it was reassuring to hear that no HCEOs will come knocking!

ChirpyChicken

pistachioicecream said:

Thank you so much for your advice @Coupon-mad, I will get right on to submitting the N244 and will be sure to include your helpful suggestions in my witness statement.

CAB had advised me to move my car to a safe location just in case, so it was reassuring to hear that no HCEOs will come knocking!

Cab are wrong  as per usual

pistachioicecream

ChirpyChicken said:

pistachioicecream said:

Thank you so much for your advice @Coupon-mad, I will get right on to submitting the N244 and will be sure to include your helpful suggestions in my witness statement.

CAB had advised me to move my car to a safe location just in case, so it was reassuring to hear that no HCEOs will come knocking!

Cab are wrong  as per usual

I’m glad I found this forum to get the right advice! Thanks again for your help @ChirpyChicken

pistachioicecream

DCB Legal responded a couple of days ago. I guess they thought they would have looked bad had they not responded at all.



I’m still working on my defence.

Coupon-mad

But you aren't doing a defence.

pistachioicecream

Update:

I just received notification that my set aside application has been transferred to my local county court.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81938874#Comment_81938874

Good. Remind us, was the claim sent to an old address in this one?