CCJ issued to the wrong person

Bazarius

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

Wow ….. Wow I’d be going in with a £2k claim and adding DCB Legal as third party. Smart Parking and DCB Legal should have verified that the Particulars of Claim were factually correct. A basic check would have shown the PCN had already been cancelled, yet they ignored her evidence and pressed ahead anyway.

I think David Croot will settle out of court .

Coupon-mad

I agree.

Not sure why the solicitor acting for your relative didn't suggest a claim or counterclaim. The effect on this Defendant was catastrophic and costly in terms of money, moving prospects and mental health.

metalbender

https://forums.moneysavingexpert.com/discussion/comment/82176046#Comment_82176046

They will definitely be on the list on people to pursue.

metalbender

https://forums.moneysavingexpert.com/discussion/comment/82176146#Comment_82176146

The local MP will certainly be informed of this and it so happens to be Lucy Powell, who I think has already done some work regarding Parking Companies.

metalbender

https://forums.moneysavingexpert.com/discussion/comment/82176182#Comment_82176182

Yes I agree.

metalbender

https://forums.moneysavingexpert.com/discussion/comment/82176267#Comment_82176267

They did have a few issues with the solicitor. My relative provided the solicitor with all the additional information which I believe resulted in the agreement to set aside.

Bazarius

Saying that there was a few issues with the Solicitor is a bit harsh especially it was outside of their control due to delays with the Court - there may have been no update to provide ? Let’s be fair they did it at no cost to the Judgment debtor and achieved exactly what they were tasked to do .

Get the victim to contact her again to discuss options to make a claim against Smart and DCBLegal for misuse of her personal data, harassment and possibly tort of abuse of process and any losses incurred in their failed applications for mortgages etc .

They did a great job in one of my case and settled out of court for more than the original claim including solicitors and Defendant’s LiP costs.

Go and rip Smart a new bum hole !

metalbender

https://forums.moneysavingexpert.com/discussion/comment/82176849#Comment_82176849

Hmm! there is some truth in your first sentence.

Yes Court delays, yes no cost to the debtor, yes little in the way of updates. But it was the unknown and the lack of communication that was the issue. But I stand by the fact that the extra evidence obtained by relative was the deciding factor in settling this case.

Bear in mind, in this case my relative was the wrong person! I can only imagine the sense of injustice when a PCN has been unjustly applied to the correct owner/keeper of a vehicle. Imagine then what that feeling is like when you have never owned/kept or driven any vehicle! It certainly made my blood boil.

My relative has never been in a situation like this, their living arrangements were far from ideal, they were trying to buy their first home. The stress levels were through the roof, so misunderstandings may have taken place.

They do fully intend to pursue, Smart, DCB Legal and Cherry Tree in this matter and have not discounted using the same solicitor in this process.

Also a resounding yes to your last sentence!

Bazarius

I would not pursue Cherry tree because they are not involved in the process and there is no agency involved because there is no employer / employee relationship between the companies- confirmed in a recent CoA relating to a security firm and a nightclub or something like that .

metalbender

https://forums.moneysavingexpert.com/discussion/comment/82177006#Comment_82177006

Okay good to know. They will be informed of the !!!!!! up though!