Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Vmoneyp on January 08, 2025, 11:30:00 pm

Title: Re: Received a ccj
Post by: DWMB2 on January 09, 2025, 01:36:10 pm
Have you checked that the address on the V5C was correct at the time of the alleged contraventions and at any point have you moved and not updated your V5C? The answer to this could  be crucial to getting the CCJ set aside easily.
This is important. Had you received any letters relating to parking charges before you found out about the CCJ?

If not, then that would require an almost impossible amount of post to go missing if they were sent to the correct address.
Title: Re: Received a ccj
Post by: b789 on January 09, 2025, 01:32:47 pm
No one said it wasn't the keepers vehicle at the locations. That is irrelevant for now.

I don't think you really understand the repercussions of having a CCJ on your record for 6 years means.

Have you checked that the address on the V5C was correct at the time of the alleged contraventions and at any point have you moved and not updated your V5C? The answer to this could  be crucial to getting the CCJ set aside easily.
Title: Re: Received a ccj
Post by: Vmoneyp on January 09, 2025, 01:25:10 pm
Hi there, thanks for your reply.

I haven't called CNBC yet as I'm at work so can't hold on a line to wait for them to answer unfortunately.

I won't call dcbl again, I havnt since I messaged on here, I initially called them to see what the ccj was for but I definitely won't call them again.

I've checked the dates and it would have indeed been my car at these locations so I guess they do have ground to fine me. I wasn't at another address. The one fine was parking eye and another euro parks unless they're the same
company?

I think from what you're saying now is I just leave it as it is because regardless the ccj is on there now and id be paying the money for nothing?

I will try and call cbnc as soon as I get chance to
Title: Re: Received a ccj
Post by: b789 on January 09, 2025, 10:29:40 am
Have you called the CNBC as I advised you to do? If not, why not?

Ignore everything that DCBL said to you. I have told you to ignore them. No more contact with DCBL who are powerless debt collectors.

They will not enforce payment the debt if it is for less than £600 in total. However, they will persist in harassing you for the next 6 years.

Do not pay it off in instalments. That will not remove the CCJ from the register. Whilst they would eventually mark it as "satisfied", it is only a tiny bit less financially painful than not paying it at all. I have already explained this to you!

If you are struggling to pay it, maybe you qualify for assistance with court fees.

The ONLY way you are going to get this CCJ off the register is to apply to set it aside. Again, you have not answered the question about which address the claims were sent to and why do you think you never received them?

If the claims were sent to an address you no longer resided at, irrespective of whether you updated your V5C or not, means that they MUST be set aside under CPR 13.2.

For now, please answer all the questions I raised in my first response to your post. We are trying to assist you but you must pay attention and answer the questions we ask if you want to get out of this situation you now find yourself in.
Title: Re: Received a ccj
Post by: Vmoneyp on January 09, 2025, 06:22:51 am
Another question is if I don't pay it as it'll be on my credit score now for 6 years.. will this ccj cost increase? Or will they send bailiffs
Title: Re: Received a ccj
Post by: Vmoneyp on January 09, 2025, 06:11:29 am
Hello there,

Thanks for your reply.

I had already called dcbl yesterday once I received the letter and they said it was from 2022 and 2023 parking in two free car parks and overstayed my time there and they said they had been sent to my address and that they could try and get the details from euro parks as they knew very little other than the address of each place I parked.

If I left it as it was now without paying what happens next ? Dcbl said I could pay in installments and after that it could be marked as satisfied.. or is it unlikely it'll go any further? I'm just considering whether to pay the installments or not
Title: Re: Received a ccj
Post by: b789 on January 09, 2025, 04:11:27 am
You first have to ask yourself why did you not receive any notice of these debt claims in the first place? In the vast majority of these cases of unknown default CCJs it is because at some point in the past, you changed address and failed to update your V5C registration document.

When a Parking Charge Notice (PCN) is issued, the operator obtains the Registered Keepers (RK) details from the DVLA. If you changed address and updated your drivers licence, that does not automatically update your V5C details which must be done separately.

You could even face a fine of up to £1,000 for failing to update the RK details. You can update your V5C details online and it only takes minutes.

However, that will not help you now with your CCJ and the pending claim. They will not “enforce” a CCJ that is for less than £600. That does not mean that you can simply ignore it. Having a CCJ on your credit record can cause untold financial pain and it remains on your file for 6 years.

Simply paying the CCJ in full later than one month after it is issued does not solve the matter as it remains on your credit file but marked as “satisfied”. The only way to get it expunged from the record is to apply to have it set aside.

Do not try and contact DCBL. They cannot and will not help you. They are useless debt collectors. You can safely gnore them.

Once you’ve checked that your DVLA RK details were the likely reason you never received any notification about the claims, you need to telephone the CNBC first thing in the morning. Their number is 0300 123 1056. Call them as early as possible as there can be a lengthy wait.

You must get the details of the claim from them. You need to know the name of the claimant, their solicitor, if they used one (probably DCB Legal), the date the claim was issued and the address they sent it to. Importantly, you must also ask them to email you the Particulars of Claim (PoC) while you wait on the phone.

If there is a second claim pending, you must also get those details. Once you’ve checked that have them, come back and we will advise on your options to get the CCJ set-aside.

Had these claims been defended, the most likely outcome would have been that they were eventually discontinued. For now, confirm which address they sent claims were sent to and get the information from them CNBC.
Title: Received a ccj
Post by: Vmoneyp on January 08, 2025, 11:30:00 pm
When checking my credit score I was shocked to see I had a ccj on there :(
I then received a letter that states "notice of intended enforcement actions unpaid county court judgment £526.34)
Where do they even pluck these figures from??
It states I have an unpaid ccj..I called dcbl who said I could pay 100 a month or less depending what I can pay.
I asked where it had came from and the lady said 2023 and there was one also open for 2022! In free car parks..anyway it states at the bottom of the letter "this case is not currently subject to high court or bailiff action"
What should I do? They said I could pay in installments but then what's the point if the ccj still stays on my account? Any service is appreciated