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  • FIRST POST
    • Donowl1981
    • By Donowl1981 26th Mar 18, 7:34 PM
    • 51Posts
    • 11Thanks
    Donowl1981
    DCBL: telling me I have a ccj I donít have.?
    • #1
    • 26th Mar 18, 7:34 PM
    DCBL: telling me I have a ccj I donít have.? 26th Mar 18 at 7:34 PM
    Hi, was hoping someone could offer some advice, would be much appreciated.

    I received a letter from Dcbl:
    Your overdue amount of £276.46 due to Excel Parking Services Limited in relation to County Court Judgement number D7D****V has been passed toDCBL to recover the debt on their behalf........

    I believe that this is regarding a parking fine I got in early 2012 which I believed was unjustly issued and followed advice to deal with at the time. I received a couple more letters and nothing else until now.
    I have received nothing from a court and have done a check with trust online and Experian, both have come back clear of ccjs.
    Is this debt collectors trying their luck using lies or should I respond?
    Thanks
Page 3
    • Coupon-mad
    • By Coupon-mad 7th Apr 18, 1:10 AM
    • 59,455 Posts
    • 72,621 Thanks
    Coupon-mad
    You should read some other set aside threads to see how fairly simple this is for a consumer to do.

    I'm surprised you thought you had to go to Northampton, or wondered if you could claim solicitor's fees (that you do not need) in the small claims track for a set aside.

    You need to read more threads, you can do this relatively easily and will almost certainly get the CCJ set aside at a hearing of maybe 15 minutes, with the claimant not even turning up.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Donowl1981
    • By Donowl1981 8th Apr 18, 9:34 PM
    • 51 Posts
    • 11 Thanks
    Donowl1981
    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
    Last edited by Donowl1981; 08-04-2018 at 10:09 PM.
    • Redx
    • By Redx 8th Apr 18, 9:44 PM
    • 18,480 Posts
    • 23,398 Thanks
    Redx
    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.
    Originally posted by Donowl1981
    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
    Last edited by Redx; 08-04-2018 at 9:46 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 8th Apr 18, 9:55 PM
    • 59,455 Posts
    • 72,621 Thanks
    Coupon-mad
    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.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Donowl1981
    • By Donowl1981 8th Apr 18, 9:58 PM
    • 51 Posts
    • 11 Thanks
    Donowl1981
    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
    • By Donowl1981 8th Apr 18, 10:00 PM
    • 51 Posts
    • 11 Thanks
    Donowl1981
    Coupon Mad
    That sounds excellent, will add that
    Thank You
    • KeithP
    • By KeithP 8th Apr 18, 10:03 PM
    • 8,041 Posts
    • 7,905 Thanks
    KeithP
    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
    • By Donowl1981 8th Apr 18, 10:10 PM
    • 51 Posts
    • 11 Thanks
    Donowl1981
    Thanks Keith
    • Castle
    • By Castle 8th Apr 18, 10:12 PM
    • 1,810 Posts
    • 2,472 Thanks
    Castle
    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?
    • Johnersh
    • By Johnersh 8th Apr 18, 10:23 PM
    • 1,105 Posts
    • 2,123 Thanks
    Johnersh
    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.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Donowl1981
    • By Donowl1981 8th Apr 18, 10:56 PM
    • 51 Posts
    • 11 Thanks
    Donowl1981
    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.
    • twhitehousescat
    • By twhitehousescat 8th Apr 18, 11:02 PM
    • 1,537 Posts
    • 2,015 Thanks
    twhitehousescat
    I expect you have to pay when you go to the court to start this action , many people who receive benefits from GOV will get dispensation
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Coupon-mad
    • By Coupon-mad 9th Apr 18, 12:01 AM
    • 59,455 Posts
    • 72,621 Thanks
    Coupon-mad
    Send a cheque or crossed postal order to your local court with the N244 and WS & draft order.

    Or take it in person and pay by card.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Donowl1981
    • By Donowl1981 10th May 18, 9:56 PM
    • 51 Posts
    • 11 Thanks
    Donowl1981
    Hi
    Have received a set aside date for this case for next month at my local court.
    A couple of quick questions if anyone can help:

    DCBL have sent another letter saying they will now apply to the court for an enforcement notice to recover the debt. Will they still be able to do this even though there is a set aside date set?

    Excel sent a notice to me informing me that they wonít be represented by BW Legal and Will instead be represented by someone who is a manager at Excel. Is this relevant?

    Thanks
    • Quentin
    • By Quentin 10th May 18, 10:15 PM
    • 36,295 Posts
    • 20,546 Thanks
    Quentin
    Did you ask for enforcement proceedings to be put on hold pending the outcome of the set aside request on your form applying for the set aside?
    • Donowl1981
    • By Donowl1981 10th May 18, 10:23 PM
    • 51 Posts
    • 11 Thanks
    Donowl1981
    I did, I stated this in the court order, just don!!!8217;t have a lot of faith in the admin side of the legal system working to help me out!
    • KeithP
    • By KeithP 10th May 18, 10:28 PM
    • 8,041 Posts
    • 7,905 Thanks
    KeithP
    So you supplied a draft order.
    That was just the suggestion that you hoped the court would adopt.

    What did/does the actual order look like that the court sent out?
    .
    • Quentin
    • By Quentin 10th May 18, 10:29 PM
    • 36,295 Posts
    • 20,546 Thanks
    Quentin
    If you have a solicitor involved get them to contact the claimant regarding this.

    If not DIY!
    • Donowl1981
    • By Donowl1981 10th May 18, 10:38 PM
    • 51 Posts
    • 11 Thanks
    Donowl1981
    What I received from the court was titled: Notice of set aside judgement and seems to be basically telling me where and when to go . They have also sent copies of all the stuff I sent them stamped by the court.
    • Quentin
    • By Quentin 10th May 18, 10:41 PM
    • 36,295 Posts
    • 20,546 Thanks
    Quentin
    Does any of the docs the court sent to both sides have mention of enforcement proceedings?
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