DCBL: telling me I have a ccj I don’t have.?

Donowl1981 · 8 April 2018 at 9:34PM

Hi all
Have swotted up a bit more on the advice of the ever helpful Coupon Mad and am going to send this.
The only thing i am wondering about is if I need to somewhere say briefly why I have a good chance of winning a defence.
Thanks again in advance.

IN THE COUNTY COURT AT: County Court Business Centre

EXCEL PARKING SERVICES LIMITED (Claimant)

And

MR ********************* (Defendant)

CLAIM No:**********

IT IS ORDERED that:

1. The default judgment dated 30/3/2017 be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on 8/5/2018 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on 15/5/2018

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

6. That all enforcement be put on hold pending the outcome of the application

Witness statement.

I the Defendant understand that the Claimant obtained a Default Judgment against me as the Defendant in case number *********************. However, this claim form has not been served at my current address and I as the Defendant was not aware of the Default Judgment until receiving a letter from DCBL (Direct Collection Bailiff Limited) on 24/3/18 demanding the fee of £366.46. I understand that this Claim was served at an OLD ADDRESS (

.) However, I moved to a new address in December 2014. (

) where I have resided since. Confirmation of this could be provided from Sheffield Council.

I the defendant promptly contacted Northampton County Court via email on 26/3/2018 to find out details of the Default Judgment. The court representative informed me via email on 6/4/2018 of the claim and that it was for a parking charge notice for a vehicle registration mark *******L, of which I was the registered keeper at that time.

According to publicly available information my circumstances are far from being unique. The industrys persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister the Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to better protect consumers- who are sent mail to inaccurate addresses and verify addresses again before a claim is sent. The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.

Considering the above I was unable to defend this claim. I thus believe that the Default Judgment against me was issued incorrectly and should be set aside.

Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

NAME

SIGNED

Redx · 8 April 2018 at 9:44PM

Donowl1981 wrote: »

The only thing i am wondering about is if I need to somewhere say briefly why I have a good chance of winning a defence.

CM told you about this and taking one with you to the hearing

and the place in Northampton is a government office, not a court, its a business centre , the Northampton court has a different address and postcode, but unless you live in or near there it will be heard at your LOCAL court , so in Manchester if thats where you live

Coupon-mad · 8 April 2018 at 9:55PM

Confirmation of this could be provided from Sheffield Council.

I would change the above, to confirm more forcefully:

Confirmation of this will be provided at the set aside hearing, in the form of utility bills and a Council Tax bill from Sheffield Council. The Defendant has at no time tried to avoid paying for any known debt, and was at all times there to be found by a simple trace. It is submitted that the Claimant should have taken those reasonable steps, and would have known or should have surmised that it was likely that the Defendant was not at the old address, given the length of time from the alleged parking charge and the fact that the Claimant was receiving no reply from the Defendant.

You could also add:

The driver has not been identified by the Claimant and because the alleged incident was apparently in early 2012, it is impossible for the Defendant to know which of the insured drivers might have parked the car on the material date. The parking event pre-dates the enactment of Schedule 4 of the Protection of Freedoms Act 2012 and before that, there was no lawful means of holding a registered keeper liable. As such, the claimant never had any cause of action against the Defendant at all, and the Defendant asks that this meritless claim is disposed of at the set aside hearing, since the Claimant has no prospects of success.

Donowl1981 · 8 April 2018 at 9:58PM

Thanks Redx.
The only real confirmation of this CCJ is this trust online search for a previous address where the court is stated as the CCBC.

Name DoB Court Case No . Date Amount Status

COUNTY COURT 30/03/17 £276 Unsatisfied Judgment
BUSINESS CENTRE

Donowl1981 · 8 April 2018 at 10:00PM

Coupon Mad
That sounds excellent, will add that
Thank You

KeithP · 8 April 2018 at 10:03PM

The second paragraph of your Witness Statement in post #43 should start:

I the defendant promptly contacted Northampton County Court Business Centre via email...

Also, it would be a good idea to remove your car reg no from that post.

Donowl1981 · 8 April 2018 at 10:10PM

Thanks Keith

Castle · 8 April 2018 at 10:12PM

Question for the better qualified on here:
Based on the OP's post 11, the 6 year limit will be reached by 30th April (at the latest); can they issue a new claim after that date?

[Deleted User] · 8 April 2018 at 10:23PM

Setting aside a judgment is not striking out the proceedings. The claim was issued in time, was it not?

If the set aside is successful, it'll just be relisted for a hearing.

Donowl1981 · 8 April 2018 at 10:56PM

Right think I'm sorted now. Can't thank people enough for their advice.
One last question regarding paying the court fees. On the GOV website it says all fees must be payed in person at the court. Will I be billed for this and have to pay at the hearing or do I need to somehow pay this in advance? The website seems to be pretty unhelpful regarding this.

DCBL: telling me I have a ccj I don’t have.?

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