CCJ issued to the wrong person

metalbender

https://forums.moneysavingexpert.com/discussion/comment/81953757#Comment_81953757

Yes, case details were obtained from CNCB. Cherry Tree Shopping Centre, Wallasey.

Half_way

Is this the place ( as far as you know)

https://cherrytreeshoppingcentre.co.uk/

As well as dealing with the set aside for the CCJ maximum pressure needs to be put upon the management at that site, be firm but polite, remind them that they are jointly and severally liable for the actions of their agents including but not limited to all costs and expenses and any possible breaches of UK GDPR.

you need to hammer home the costs of the set aside, dealing with the CCJ, etc and that their contractors are un regulated, as neither the BPA or the IPC are regulatory authorities - merely trade associations and they are jointly and severally liable for the actions of their agents

Coupon-mad

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

I totally agree and was about to ask my specialist contact solicitor who does the same thing, also pro bono!

So, by all means refer to yours if it's free.

Half_way

Would there be any chance of some form of action against the landowner / Cherry tree shopping centre and its manager?

Those that hire these parking companies need to be taken to task, especially if its a large company

ThorOdinson

https://forums.moneysavingexpert.com/discussion/comment/81954003#Comment_81954003

I got 20 quid out of a pub who employed some muppets. Worth asking.

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/81953504#Comment_81953504

@Coupon-mad and this is the Circle of life i was mentioning on another DCBL/DCB thread

Bazarius

https://forums.moneysavingexpert.com/discussion/comment/81953633#Comment_81953633

inbox me for details .

metalbender

https://forums.moneysavingexpert.com/discussion/6662049/ccj-issued-to-the-wrong-person

Update:

So, besides the catalogue of errors detailed in my original post above. It turns out that the PCN had already been cancelled by Smart Parking not long after it was first issued back in Autumn 2024!

How then it found its way to DCBL, then on to the wrong person and then to a CCJ is beyond comprehension! Therefore after over 21 months of persecution, DCB Legal have had to agree to remove the Judgement and now, my relative, awaits the Court to action this.

During the process, DCB legal were presented with DVLA evidence that my relative was not and never had been the owner/registered keeper of the vehicle. This they chose to ignore. Money is obviously more important than justice.

Even though my relative had a Solicitor on the case, they were, rightly or wrongly, frustrated by the slow progress in this matter. They decided to go directly to DVLA and Smart Parking to expedite the process.

Even after Smart Parking were made aware of their monumental error. They were initially only prepared to call off the Debt collection! It took weeks of back and forward emails to get them to instruct their legal people to get this set aside.

As I say, it has been over 21 months of persecution, in which time my relative has suffered severe mental and physical health problems and had their prospect of buying a first home completely sabotaged. They fully intend to pursue Smart Parking for compensation in this regard and I will post any further information in due course.

Half_way

Have you contacted the shopping centre?

Hammer home that thye are joinbtly and severally liable for the actions of their agents, Smart pakring, and add in how much this whole sorry saga has cost and how much it will cost the cherry tree shopping centre to put right

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82175816#Comment_82175816

Please ask them to tell their MP to raise their case anonymously in the House of Commons when they discuss the worst conduct of private parking.

And I would say email the CMA but last time I searched here it looked like all posts about that are no longer here so maybe the CMA were drowning in examples.