i sent N9 to wrong address court address - got CCJ - Now DCBL+£75 Recovery Fee - help set aside

[dovis]

hello,

I have a problem, how to sort it out..

 

Around half year ago, received response pack from county court.

sent them back defence N9B form,

but they haven't received and i lost a case.

 

I know I should send registered mail..but unfortunately.

 

Now received notice of debt recovery from DCBL £261 + £75 recovery fee for parking ticket.

 

The thing is I have a proof that vehicle on date of issue been sold already.

 

Should I go to nearest court or any other ways?

[dx100uk]

opps!

 

why didn't you use online MCOL website?

 

can you fill these out please?

https://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

and post up the defence you filed too.

 

oh and you can ignore the powerless DCBL+Their unlawful FEE

they are not bailiffs in this instance but mere powerless debt collectors.

[zydeco]

Ooh, DCBL, "Cant pay we'll ... Oh..., do nothing"

[ericsbrother]

you will need to get a set aside by filling in a N244.

that will cost you £255 but you will get that back when you beat them in round 2.

 

Once you have sent this into court you can inform whoever the creditor is that you are seeking the set aside and will be after them for costs if they resist this action.

 

You will probably then find that they arent interested in trying to make the claim stick so you end up with the £255 bill but no blot on your files and that is still cheaper than paying up.

 

You may well get a remission of fees if you can prove you sent the form back by way of PO counter receipt

[dovis]

Just received Pre Enforcement letter from dcbl, they are saying about removing goods, are they really powerless?

 

If I go through MCOL do I have to choose ''Respond to a Claim made against you'' ?

If yes I can't find Claim Number: and Defence Pack Password:

 

I don't have letter from court any more..on dcbl letter have only case nr and court judgement nr.

Edited April 3, 2018 by dx100uk
spacing

[dx100uk]

powerless

can you fill out the links in post 2 please

we need the info to help you

 

dx

[brassnecked]

They can and WILL remove goods if acting as HCEO, if DCA no can do, but they weill try to convince you they can. You need to do the N244.

[dx100uk]

can you fill these out please?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

and post up the defence you filed too.

Edited April 3, 2018 by Andyorch
Links fixed

[dovis]

only have letters from dcbl due gladstones solicitors

 

For windscreen tickets (NTD) please answer the following questions.

 

1 The date of infringement? 25/03/2017

 

2 Did you appeal to the parking company? yes

 

If yes, has there been any response?

 

Yes received defence pack but sent to wrong address

 

If no, have you received a Notice To Keeper? (NTK) Did the NTK provide photographic evidence?

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA)

 

4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company?

 

 

For tickets received through the post (Notice to Keeper) please answer the following questions.

 

1 Date of the infringement 25/03/2017

2 Date on the NTK dcbl Date Issued 02/03/2018

3 Date received 03/03/2018

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?

 

5 Is there any photographic evidence of the event? yes

 

6 Have you appealed? yes

Have you had a response? Yes received defence pack but sent to wrong address

[dovis]

you will need to get a set aside by filling in a N244.

that will cost you £255 but you will get that back when you beat them in round 2.

 

Once you have sent this into court you can inform whoever the creditor is that you are seeking the set aside and will be after them for costs if they resist this action.

 

You will probably then find that they arent interested in trying to make the claim stick so you end up with the £255 bill but no blot on your files and that is still cheaper than paying up.

 

You may well get a remission of fees if you can prove you sent the form back by way of PO counter receipt

 

so what N244 form actually does and that Im asking for? There is fee 255£ and how can I get it back?

[dx100uk]

it will pay you if you no longer have the claim form pack with the particulars of claim on it to..

go ring northants bulk tomorrow

and ask for

a copy of the claimform AND a copy of the CCJ by email pdf.

 

then we can help properly.

 

dx

[dovis]

I gave all the information asked that I know, please can anybody help me before they comes to my door for goods? should i go for n244 form on just send response pack N9 again?

[dx100uk]

post 6 refers

they are only acting as DCA's in this instance!!

no one can take anything.

[ericsbrother]

as said, bailiffs can only come to your door if the debt is more than £600 and the claimant has paid to have the matter moverd to the high court for enforcement and they cant so havent. that menas they can never remove goods

[dovis]

it will pay you if you no longer have the claim form pack with the particulars of claim on it to..

go ring northants bulk tomorrow

and ask for

a copy of the claimform AND a copy of the CCJ by email pdf.

 

then we can help properly.

 

dx

 

I called them today, lady said that I can't get any copies or documents because it's too late. Only way to apply for n244 form.

[dx100uk]

Wrong it's an active claim

Go ring again you must have gotten an office junior

[dovis]

I found some documents, Judgment for claimant ( in default ) it says that parking company is Parking Control Management (UK) Limited. found another two debt collector Trace ltd and gladstones ltd.

is that helpful?

[dx100uk]

so you did get them then..

scan them up to ONE multipage PD please

click upload

[dovis]

documents attached

Image_(3)jpg.pdf

Image_(4)jpg.pdf

Imagejpg.pdf

[dx100uk]

you need a copy of the claimform

go ring northants tomorrow and request it by email pdf

 

specifically we need the particulars of claim word for word EXACTLY as it appears on the claimform

[brassnecked]

Bet the POC is a usual Robo0claim that could have been successfully defended.

[DragonFly1967]

Bet the POC is a usual Robo0claim that could have been successfully defended.

 

It's Gladrags. They don't do any other type of claim do they?

[brassnecked]

No they need a regular spanking in court.

Shame they can't be marked as Vexatious Litigants, but at least some Judges have woken up to their constant bending of the rules, and use of the tired old criminal case Elliott V Loake [QB1982] to try to ground Keeper Liability outside POFA when NTK out of time.

[dovis]

received email copy of claimform

 

Claimant: PARKING CONTROL MANAGEMENT (UK) LIMITED

 

Solicitors: GLADSTONES SOLICITORS LIMITED

 

Reference: /PARKING CON

 

Telephone number: 0333 0230 049

 

 

 

 

 

Case details:

 

THE DRIVER OF THE VEHICLE REGISTRATION (THE 'VEHICLE') INCURRED THE PARKING CHARGE(S) ON 25/03/2017 FOR BREACHING THE TERMS OF PARKING ON THE LAND AT ACADEMY CENTRAL DEVELOPMENT

 

THE DEFENDANT WAS DRIVING THE VEHICLE AND/OR IS THE KEEPER OF THE VEHICLE.

 

AND THE CLAIMANT CLAIMS £160 FOR PARKING CHARGES / DAMAGES AND INDEMNITY COSTS IF APPLICABLE, TOGETHER WITH INTEREST OF £3.86 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8% PA, CONTINUING TO JUDGMENT AT £0.04 PER DAY.

 

 

 

 

 

Regards,

 

 

 

Sara P.

 

Helpdesk Administrative Officer

 

County Court Business Centre | HMCTS | St Katharine’s House | 21-27 St Katharine’s Street | Northampton | NN1 2LH

 

CCBC tel: 0300 123 1056

[brassnecked]

"THE DEFENDANT WAS DRIVING THE VEHICLE AND/OR IS THE KEEPER OF THE VEHICLE." That should be marked as vague and chucked out automatically, too many defaults with uncertainty as to who is being sued, Driver or Keeper, as to be one or the other.