CCJ issued to the wrong person

metalbender

Hi all and many thanks to all the posters for the wealth of information provided. If I have posted in the wrong place, please feel free to advise.

A relative of mine has been misidentified and issued with a CCJ for a parking fine. They have never been the owner/registered keeper/driver of the vehicle subject to the PCN or in fact any other vehicle whatsoever!

The letters of claim were sent to their previous address, therefore they had no opportunity to defend the claim. Miraculously, DCBL/DCB Legal found their new address and sent a letter 38 days after the judgement date.

Letters have been sent to DCBL and DCB Legal using templates from these forums, highlighting their multiple failures.

My question is how does my relative proceed to get this erroneous judgement set aside. Try for a draft consent or go with an N244 application? Also whether they should be looking to take further legal action for negligence and compensation for damage to their credit file. All this at a time when they are looking to purchase a property.

Thanks in anticipation of advice.

MothballsWallet

My guess would be for them to try and get DCB Legal (as they're the solicitors) to agree to a strikeout with consent and get their costs back because DCB Legal have royally roostered this up (in my opinion, I am not a lawyer).

But please wait for other regulars to comment first - they'll know more details about the actual process.

ChirpyChicken

email sarahe@dcblegal.co.uk directly

metalbender

https://forums.moneysavingexpert.com/discussion/comment/81944533#Comment_81944533

Thanks, yes it is staggeringly incompetent when apparently a £2.50 DVLA search is all that's needed!

https://forums.moneysavingexpert.com/discussion/comment/81944548#Comment_81944548

Thank you, I will pass on that email address.

metalbender

DCB Legal responded today with this;

"The opportunity to raise substantive disputes has now passed, and so we will not be responding to the same. Please ensure that all future communications are addressed to DCBL in relation to this Judgment."

They have ignored the fact that the Judgement was made against the wrong person and that the Letter of Claim was sent to a previous address!

Looks like my relative will now have to proceed with a N244 application notice.

Bazarius

is the Claimant Smart Parking Ltd ? There’s been a few cases of the same . Not the keeper , driver or owner .

One ended up in a mental heath rehab because of this .

metalbender

https://forums.moneysavingexpert.com/discussion/comment/81953514#Comment_81953514

Yes, it is Smart Parking. Oh lord, my relative is already extremely stressed by this, that's why I'm helping out.

If they instruct a solicitor to deal with the N244 etc. Does anyone have any experience of getting the legal costs awarded as part of the claim?

Bazarius

If it is ok with @Coupon-mad - to DM me - I can refer them to a specialist solicitor who may take on your case “pro bono” type arrangement - she is likely get DCBLegal to pay the N244 Application and recover her costs from them too .

metalbender

https://forums.moneysavingexpert.com/discussion/comment/81953615#Comment_81953615

It's worth a consultation. Thank you so much for your effort.

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/81953615#Comment_81953615

Do you mean SAZ?

Half_way

Ok, take this step by step, and dont panic or worry.

Do you know where the "parking charge" notice originated form, in other words where is the car park that Smart are/were operating on?