Author Topic: Debt Collector chase after N244  (Read 7512 times)

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Debt Collector chase after N244
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Hi. Background is: Parking ticket in Chelmsford Council Car Park. Have a valid ticket but Euro Parks and DCB ignored and eventually filed a notice against me.

Never had my day in court so filled an N244 and paid a fee for a hearing along with all evidence and correspondence last month. No hearing date yet.

Now DCB are asking me for evidence of the valid ticket. Do I respond to them or point them to the fact that this is now with the court?

I just feel that they are taking the Mick after what they've done to date. Appreciate guidance. Cheers

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Re: Debt Collector chase after N244
« Reply #1 on: »
Please have a look at the READ THIS FIRST - **BEFORE POSTING YOUR CASE!** at the top of the forum.

Please post up a copy or photo of the DCB demand that you referred to. Just redact your name and address.
Right now it's unclear whether this concerns a Council Penalty Charge Notice, a Council Excess Charge Notice or a private Parking Charge Notice.
« Last Edit: November 20, 2024, 11:47:50 pm by Enceladus »

Re: Debt Collector chase after N244
« Reply #2 on: »
It was originally a Council Car Park ticket managed by Euro Parks with Debt Chased by DCB.

I will post the chase email later when back from work but my query is really "should I really be chased by them for evidence of parking, after they instigated County Judgement against me, and I've submitted a N244 form in response?"

I've read all the N244 guidance and there's nothing on that. My issue is that, if I respond am I impacting my potential court hearing, which I never got in the first place. They just instigated the CCJ proceedings.

Re: Debt Collector chase after N244
« Reply #3 on: »
OP, some hard facts because I suspect that time is not on your side.

Pl do not seek to limit your thread to questions which you think are important or which have relevance. You've got free access to knowledge and experience here so I suggest you let us take the lead.

But without docs we're blind.

Penalties issued by councils under the TMA don't have a 'day in court'. It's a decriminalised process. Whereas parking charges issued by private car park operators under the law of contract and possibly relying upon the Protection of Freedoms Act 2012 would be determined in court, similarly for the dwindling number of councils which have not taken on DPE powers and still operate under the RTA.

Re: Debt Collector chase after N244
« Reply #4 on: »
I have been asked to move this to Private Parking Tickets, and I suspect you have parked in one of these cvar parks
Find out details of the Meadows Surface car park, including location, number of spaces and charges.
chelmsford.gov.uk


which must be a very confusing situation for motorists.

Please identify and name which car park in Chelmsford which you used, and answer the questions and comments in posts Replies #1 and #3

Re: Debt Collector chase after N244
« Reply #5 on: »
Euro Parks Meadow Surface car park is the one.

Re: Debt Collector chase after N244
« Reply #6 on: »
Not sure what else is outstanding? I have posted the relevant documents now I hope.

Away for four days now.

Re: Debt Collector chase after N244
« Reply #7 on: »
Unless we know the original details of the claim made against you and your subsequent application for a set aside, you are not helping yourself or us.

We need to see the Particulars of Claim (PoC) of the original claim. We need to know why you did not respond to that claim or, if you did, why was a CCJ given? How and when did you find out about the CCJ? What did you put in your N244 application. Did you include a Witness Statement (WS)? What did you put in your WS? Did you include a draft order with your N244 application? If so, what did you put in that draft order?

Under which Civil Procedure Rule (CPR) are you attempting to get the CCJ set aside? CPR13.2 and/or CPR 13.3?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Debt Collector chase after N244
« Reply #8 on: »
Ok. Apologies for the delay but have been away since Friday. I now attach a copy of the PCN from Euro Parks. This gives details of the offence.

Additional to this I have added the second part of my N244 which briefly outlines the route of getting to the N244. Please understand that this has been going on since October 2021 so there is dozens and dozens of interactions.

Finally, I have added the latest email from DCB. Herein lies my query.

Why are they now asking for evidence of my parking ticket three years on, having already made a Claim for Judgement to which I've responded?

Given it's cost me £308 to challenge this via the N244, should I even be providing that information at this stage when they have ignored that so often?

I should add that evidence referenced to in the N244 statement were all attached to that response.

I'm afraid other than what I've given you, I'm not sure how much more I can provide. I certainly don't understand the last couple of points about defence in the previous post. Thank you for helping me. I'm not a car guru. I'm a single working mother who feels she isn't being heard and needs support.

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Re: Debt Collector chase after N244
« Reply #9 on: »
Apologies. It didn't't attach all three dice in last post

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Re: Debt Collector chase after N244
« Reply #10 on: »
And finally

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Re: Debt Collector chase after N244
« Reply #11 on: »
OK. We are trying to help you here. First of all, please get out of your head that any "offence" was committed. An "offence" relates to a criminal matter. This is a "civil" matter.

Do you still have the recipe or evidence that you did pay for the parking at the time?

Do you have a hearing date yet? If not or it is at least two weeks away, you can still submit a Witness Statement and even a skeleton argument. This can be prepared once you answer all the questions raised.

You have still not provided answers to all the other questions we have asked.

We asked you to give a possible explanation why you think you did not receive the N1SDT claim form. You state that you received a Letter of Claim (LoC) from DCB Legal (not the same as DCBL). Did you receive the LoC by post or was it as an attachment to an email?

Have you contacted the CNBC to find out if the N1SDT claim form was sent to the correct address? Also, whilst on the phone to the CNBC ask them to email to you the Particulars of Claim (PoC). Wait on the phone until you receive the email.

You can be waiting for a long time on the phone to the CNBC and I suggest you make the call at 8:30am to reduce the chance of a very long wait. However, you MUST get this information. Address of the defendant and the PoC.

When you have these answers, come back and tell us whether the claim was sent to the correct address and post the PoC here.
« Last Edit: November 27, 2024, 10:07:40 am by b789 »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Debt Collector chase after N244
« Reply #12 on: »
Ok, first here are the tickets I bought on the day.

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Re: Debt Collector chase after N244
« Reply #13 on: »
No2

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Re: Debt Collector chase after N244
« Reply #14 on: »
For the remainder of your questions.
1. I do not have a reply or a hearing date yet.
2. When I filled out the N244 form, I could apply either a Witness Statement, Statement of Case, or Evidence in Box below. I chose the last and I appended that this morning in the pinkish form. Not sure what I could have done differently at that point tbh as that's the information I have. What would a Witness Statement or Skeleton Case have that this information doesn't?
3. I have already stated in that pink form that I was never provided with a Claim Form. It went from the "you must pay this" letter straight to Judgment letter. I had no chance to fill a claim.
4. I have not contacted the CNBC. I have no idea who they are or what they do, so has never been a consideration to date.