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DEL backdoor CCJ for Surrey County Council car park??


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I am in a very difficult situation with DEL.

I was using a hire car.

The hire car sent me the charge.

 

I made the payment or at least I thought I made the payment.

My bank statement shows payment gone through but DEL received anything.

 

It turns out that there was error with the bank processing system and somehow the last digit of account number was missing.

The bank processed the transaction and have resent the original amount.

 

DEL claims that they sent me a letter for payment which I never received.

And I have asked them numerous times in the last week to send a copy of the letter that they sent.

 

First they said that it was sent recorded delivery.

I asked who signed for it and they didn't respond.

Then they admitted that it was never sent.

Now the MD of DEL wrote to me stating that letter was sent.

 

I don't have a problem with paying the charge

however, I never received any notice from DEL that payment was due until I received letters from Gladstones and their Debt collectors.

 

Please is anybody able to provide any guidance or advice about my rights?

 

Below is the copy of the email received today:

 

-----------------------------

 

Dear Sailesh,

 

Your email has been forwarded onto me to review.

 

Looking at the case

, it would appear that judgment was entered against you on 31/08/2016.

As such, we regret that we cannot accept the original charge amount and that we will be pursuing the full judgment amount.

 

If you wish to resolve the matter,

please make payment for the outstanding amount at your earliest convenience and we will ensure that our agents notify the Court that the judgment has been satisfied.

Please note that we are unable to accept payment directly.

 

Further details of how a County Court Judgment is obtained can be found at the following link: Trust online link

 

We trust this answers your queries

. Please note that we will not engage in protracted correspondence regarding your Claim and subsequent judgment.

 

You’ve been given the opportunity to dispute the matter and we are now in a position whereby we will seek to enforce the judgment against you.

 

If you wish to dispute the judgment then we would suggest that you seek independent legal advice as to how this may be achieved.

 

 

Kind regards,

 

 

Dyl Kurpil LLM/LLB (Hons) Law

Managing Director

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So they have a CCJ the

Did you get any of the court paperwork like a claim form?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So they have a CCJ the

Did you get any of the court paperwork like a claim form?

 

Thank you for your time to read my request.

No, I have nothing except the a letter from Gladstones and their debt collect agency. And this is when I found out that there is CCJ against me.

I have requested copy of the judgement that DEL have entered against me but they refuse to send me anything.

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go phone northants bulk

ask for a copy of the claimform

 

 

whilst on the phone

ask the address the claimform was served to.

 

 

if you didn't receive the claimform and it was sent to another address or was sent to your correct address but you never got it

you need to apply to get it set aside

however that'll cost you £255 unless DEL will set aside by consent for free.

 

 

something is phishy here

me thinks they purposefully got a backdoor CCJ.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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do you have the CCJ number you'll need that before ringing northants bulk

might be on your credit file

you cant use trustonline as you don't know the address it was served too

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Many thanks for your replies.

 

I have CCJ number and I know it was served to my address because both Gladstones and their debt collector have the my address.

 

 

I am assuming that DEL, if they sent letter, to my address but I never received anything until a couple of weeks ago.

 

 

If I had received this letter from DEL about the payment,

they I would have sorted it out straight away.

 

Please how will set side help?

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just because gladdy's and their powerless DCA wrote to your address

does NOT mean the claim was served to the correct one

bu anyway, you WANT it to have been served there

as then you can claim your didn't get it.

and that's part way toward a setaside

 

you'd still need a defence for the parking ticket mind

but knowing DEL that will be easy

as their signs are 9/10 non compliant

and they don't I bet own the land they issued the ticket from.

 

though as you've probably spotted

paying the CCJ is cheaper than setaside [£255]

 

but thats why they keep costs/claim low value and try and sneak them through

people wont bother to set aside as its twice the cost.

 

so they WIN

and can trumpet these wins on their website to scare other people.

 

look we've issued 100's of CCJ's and won all these...

 

your call

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I wrote to DEL asking for set-aside and this is their reply:

 

Thank you for your email.

 

We were provided your details from the Hire Company.

The address we have on record is the same address as you have provided to us.

 

As such, we are confident that the address was suitable for service under the Civil Procedure Rules.

 

We are of the opinion that there is no real prospect of success in you defending the claim.

Nor do we believe that there is any other compelling reason why the judgment should be set aside.

For these reasons we are not prepared to consent to the judgment being set aside.

 

You may still apply to have the judgment set aside.

Details of how to do this, and the costs involved, can be found at

https://www.gov.uk/county-court-judgments-ccj-for-debt/overview.

 

Kind regards,

 

Dyl Kurpil

MD

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so looks like you simply didn't receive it.

 

 

strange they assume you'd have no real chance of defending

nor theres no reason to set aside as you didn't get the claimform.

 

 

doesn't sound right to me those two

they've no real reason to quote those and its not their decision anyway

other than in the context of allowing you a free set aside

rather than paying the £255 fee

 

 

so it boils down to what I guessed...

Pay the CCJ off which is cheaper than the set aside.

 

 

or set it aside stating you didn't get the claimform.

 

 

as for if you have a real chance of defending , going by other thread here you most probably do.

 

 

it also smacks me strange you got no previous letters warning of court action or did you?

 

 

can you tell us why and where you got the ticket please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you for your reply.

 

I definitely didn't receive the notice. As mentioned previously, I did try to make payment but the payment didn't go through. If I had received the notice then I would checked my bank statement and would have initiated another payment.

 

It was No permit/unauthorised parking at Surrey County council hall in Kingston on Penrhyn Road at 8:50pm. I was using a hire car. The rental car company provided my address to them.

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not one we've had before

 

what date was the 'offence' and are you nearby it?

as photos of the signage would be useful.

 

that CCJ is going hurt you for 6yrs if you don't get it set aside

unless they agree to remove it if you pay whats owed.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

It happened on the 24th March 2016.

Date of notice is 1st April 2016.

 

I first received the notice on the 26th April 2016, same day I posted the cheque.

 

No I do not live near by. I live in Amsterdam.

 

My bank rectified the mistake and they have already resend the original transaction.

 

I am not living at the address that rental car provided.

It is my house but it is rented out.

 

 

They have always either kept (for me to pick up and I am in the area at least twice a month) or forwarded all mail.

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aha all the better

 

 

claimform was issued whilst not resident in the country.?

and they knew this?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

nope go tell the court that or do the N244 set aside.

 

if you've written proof you were out the country and they knew that before the issuance of the claim form

job done.

 

just need some

one to do a bit of digging for you on a defence for the original claim.

 

hoping erics brother should pop in

he'll help but well need detailed photos and height of signs location etc etc

get that moving can yo?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Many thanks for your time to reply.

 

I am permanently resident in Amsterdam. Will the short term rental lease for my house be good evidence as proof of being out of the country?

 

Gathering evidence could be difficult as I am not in England. I need to think about this and how it might be possible to do it.

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You dont write to them, you need to contact the court.

 

If you received a court claim and then sent it back to the parking co or Gladstones they will throw their hands up in glee and order a round of drinks at your expense because they arent going to tell you or the courts that they have been sent the paperwok in error.

 

 

 

 

 

I wrote to DEL asking for set-aside and this is their reply:

 

Thank you for your email.

 

We were provided your details from the Hire Company.

The address we have on record is the same address as you have provided to us.

 

As such, we are confident that the address was suitable for service under the Civil Procedure Rules.

 

We are of the opinion that there is no real prospect of success in you defending the claim.

Nor do we believe that there is any other compelling reason why the judgment should be set aside.

For these reasons we are not prepared to consent to the judgment being set aside.

 

You may still apply to have the judgment set aside.

Details of how to do this, and the costs involved, can be found at

https://www.gov.uk/county-court-judgments-ccj-for-debt/overview.

 

Kind regards,

 

Dyl Kurpil

MD

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yes. It goes back to the court that issued the judgement.

 

However, giving us the full story will help us help you with putting a reason for the set-aside forward.

 

 

The parking co not having the right to make a claim would be a good one.

 

On the pluse side,

if you win this and the following rehearing the parking co will have to pay your travel.

 

 

I know of one case where someone had to come back from south America for one of these petty claims that had no merit and got £4k for his air fare

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I had parked in the Surrey County hall car park.

It was dark and raining and I remember looking for signs for park striations.

There was certainly no barrier to stop me from going into the car park if it was a private car park.

And I remember looking for any signs for parking limitations but didn't find any.

 

 

The person I was with works for Surrey County Council in Kingston and she didn't know if I was allowed or not to park there.

 

I didn't know until the car rental company debited their admin charge on credit card that I had a parking charge.

I paid their admin charge.

They told me the I need to pay DEL GBP70 asap to close this matter.

Car rental company sent me the notice to pay the charge by email.

 

I thought I had made this payment to DEL but for reasons that I don't know, payment never went through.

The bank has since corrected their mistake and paid the GBP70 to DEL.

 

I did't find this out until I received the letter from Gladys and their debt collectors last week that I hadn't paid the charge.

 

I never received any post from DEL.

DEL now claims that the letter was never collected from the Post Office.

My tenants never received any notification of any delivery.

 

I live in Amsterdam and the house where the 2 letters were sent is mine.

There are tenants living in the property since 7th April.

 

 

I have a signed lease agreement with them.

They have always forwarded all posts to me.

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oh well go get that admin fee back too , that's unlawful for them to do that.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Should I ask DEL to return the GBP70?

As I never received the copy of the judgement,

 

where can find the info I need to fill in the N244 form?

 

DEL will not send me anything.

 

This weekend, I will be able to take photos of the car park in Kingston.

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use the search CAG box of the top red tool bar

 

 

N244

 

 

or set aside a CCJ

 

 

as for getting your money back

I meant the admin fee charged by the hire Com.

they are unlawful penalties

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

under FCA rules any fee levied as a 'penalty' for doing something you might not or should not have done is deemed unlawful

 

 

and anyway

the hire company has no contract at all with the parking Co, so should not be levying any charges

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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