OBS PCN CCJ/Judgement - set aside now rehearing

[brassnecked]

DCBL like to go all out they hope to frighten you into paying them whatever they ask without question, they do blur the lines between what they can do as a paper tiger DCA and  as a HCEO. You have some points that will ensure set aside, and DCBL might have over egged it  trying to justify a non reciept that was beyond your control, as in you were legitimately caring for someone and at different address due to lockdown, that's a good reason of itself for set aside.

[Dizzy blonde]

Thanks for the boost Brassnecked. 

Which points do you think look most favourable to ensure the set aside? I will ake sure I include them in my speech.  Also did you see my earlier post with all the incorrect dates on, what do you think to that?

[brassnecked]

make a note and you might be able to mention that there is doubt about the actual dates they are claiming for the event as DCBL have provided conflicting information so you cnt's see what gdate the event was.  However that  might be for later after set aside if they want to try their luck with a properly defended claim.

 

Hopefully a couple more will look in before bed time so you can firm up what you need and get a good kip.

[Dizzy blonde]

Dx100 Can you clear something up for me, as I think I am going to have to mention it tomorrow.

Its about DCBL. Some have mentioned that DCBL cannot act as Bailiffes or add money to the debt, however they were instructeed, sent two letters and the cost of those added to the Claim.  If this is not allowed, what is the  reason legal jardon as a reason for a set aside?

 

More importantly, someone suggested previously that DCBL could be acting as debt collectors now the CCJ has been given and is classed as outstanding. The letter they sent cost £88.  

 

If I win or lose tomorrow, do I still have to fork out the £88 to DCBL for one letter and if I don't pay the £88, will they send more letters increasing the price to daft levels just by sending letters? What's the legal side of debt collectors doing this? 

I need to know so I can possibly ask the judge to cancel that £88 and any further action regarding it.

Cheers

 

Thanks brassnecked.

[brassnecked]

If you get the Set Aside, you owe them nothing, not £88, not a penny  They are DCA not bailiffs as judgment not enough for a HCEO to act and add fees, they have no right to add anything more than the judgment amount, again they are being naughty The CCJ is erased and will disappear, its up to them then if they want to try their luck again, but with a oproper defence which we will help you with, they would be silly.

[Dizzy blonde]

Thanks again, Brassnecked, it feels like I am having to do a full defence now. I hope Eric'sbrother comes on and tells me how long the hearing will be, how long I get to talk, what I'm likely to be asked, to be asked by the judge and what he thinks I ought to focus on.  I mean, do I speak and then the otherside say their bit and then I say my bit again?   Wish I knew what was happening

[brassnecked]

Just look back to earlier in the thread, you only need a reasonable chance of success if they try again, the Set Aside should be Ok as you didn't get the paperwork, due to  circumstances that should be allowed as a complete reason, it should be no different to them sending them to a wrong address, as had you had the papers you would have entered a defence.

[Dizzy blonde]

Thanks again, Brassnecked.

Yes I'm hoping the Judge will consider my mothers illness valid reason enough, she's still not good bless her. 

 

The claimant is complaining it took me too long to put in the N244, but I will state I did deal with it as promptly as possible with everywhere being closed due to lock down and awaiting SARs etc.

 

The Claimant is saying I was unreasonable by not replying to OBS letters etc in all this time. My argument is that OBS have deliberately dragged the process out to increase the claim, I always denied it,  I thought I was being scammed due to their past history being prosecuted and the different dates in the letters they sent me etc, so I was waiting for the claim, at which point I would have taken action immediately. OBS should have applied for the CCJ when they found out were I was living in 20I7, they were unreasonable.

 

Out of interest, I was not registered with Experian, I had to give them this address when I joined recently. My  car and licence were not registered to my current address so I wasn't on DVLA data base either. Can OBS egally check the council tax register?

 

Thanks again

 

Wish me luck 

Cheers

 

[dx100uk]

your set aside reason is solely that because of covid-19 you were prevented from defending the claim.

 

TBH: everything else is a very lowlife side show.

if the judge does not question YOU on any of the those other points, neither do you even entertain the fleecers by mentioning them.

they play no part at all in the reason why you did not reply to the claim.

 

stop falling for smoke and mirrors the fleecers bring up to confuse the issue.

 

when the set aside is granted, they will all be totally immaterial.

 

without me looking back, was your set aside free or did it cost you £255?

 

dx

 

[brassnecked]

Sound advice from DX, all the other stuff is for if they try again after a set aside, DCBL will get a comeuppance but not tomorrow, You paid for the Set Aside didn't you?  Weren't DCBL trolling about you coughing up £1200 to get the CCJ removed?  They have been naughty all along demanding monies not permissible but as DX says thats for another day.

[dx100uk]

i will guess you did, the £1200 in another thread

 

DB.

WHEN you are asked to speak ONLY state what part of your N244 related to the covid issue .

 

i would also add..

 

i am sorry to point this out also Judge but this needs saying for the record.

 

before i  went down the N244 route, i directly approached the claimants solicitors -  DCB legal asking them to set aside the CCJ by mutual consent - hoping they might have some compassion whilst this dreadful virus is upon us.

 

their reply was that they were not remotely interested in setting aside the CCJ unless i paid some £450 and then they would write to you and ask for it to be removed. 

 

i have subsequently discovered that some of this requested sum is the result of the involvement of the TV? Bailiff company DCBL (Can't Pay We'll Take it away lot) , and that their fees have also got to be paid.

 

i have sought advice regarding their involvement and i believe this is not at all allowed as the claimed sum is below High Court Levels of £600 sir.

 

it has since transpired that DCBL are merely acting as a DCA in this matter and the claimant nor DCBL have any legal right to add any sums to a default judgement.

 

sir, in the light of the above, i respectfully request back my N244 fee of £255 against the claimant.

[Dizzy blonde]

Many thanks for the above inut DX and Brass'd. 

 

Yes I paid £255 for the set aside.

 

I will include the points you have mentioned. It is shame I cannot also apply for my own letters sent Recorded dely at £8 and charge my own standard rate, to match the rate charged by DCBL :0) I won;t push my luck though.

 

I need to cover the reasons for taking as long as I did to send in the N244 as DCBL are saying I took too long and quoting a case: Regency and Rolls Ltd Vs Carnall 2000 EWCA Civ 397 where it was held 30 days was too long...

 

I also thought I had to state the reasons why I think I had a good defence? 

 

 

 

[brassnecked]

No stick to what DX suggested otherwise you give DCBL an in to query they otherwise cant have.  No they are throwing wet herrings in don't inroduce things that might trip you up, less is more DX script is best option to keep any objections at bay, as it paints DCBL in a bad light from get go.

[Dizzy blonde]

Thanks everyone, EricsB, LookinFor, FTM, AndyO etc etc and especially Dx and Brassed for intensive last minute support and advice.

 

I had a whole script prepared but was asked direct questions, so that went to pot and much of the advice you all gave was blurted out somehow and it all came together in the end. 

 

I had a kind Judge that ignored the Claimant and respected the fact that I was caring for my mother, who was the happiest I've heard her in months thanks to the good news today as yes, the SetAside was granted! 

 

The Judge was also kind enough to refund the set aside fee, which was a last minute request using an abridged version of your post Dx cheers indeed. So all in all a very good result.

 

So what's my next move?

 

The judge has ordered I file my defence in the next 14 days, but said nothing more than that.

 

Is there anywhere I should be looking for the procedure?

 

Thanks again, DB

 

 

 

 

 

 

 

 

[honeybee13]

Well done on the set aside.

 

I expect the guys will be along later to advise about your defence. I would think you can use a lot of the stuff you've put together already.

 

HB

[brassnecked]

Well done, now to work that defence to file,  plenty to hit the PPC with and basically ignore anything DCBL send in the meantime, its really out of their hands now.  I suggest you chill tonight and start thginking about what they actually claimed for tomorrow, gives us a chance to go through the thread and pick up stuff relevant.

 

The defence will be the defence you would have submitted had you had the paperwork on time.

[FTMDave]

Well done on your victory

 

Goodbye CCJ!  Plus you got your £255 back.  Couldn't have gone better.

 

All the superb work you've already done will be the basis for your defence - no  planning permission so no contract formed, made-up extra fees, etc.

[dx100uk]

told ya..

you must get out of the habit of over thinking things.

 

dx

 

[lookinforinfo]

Well done DB -I am really pleased for you.

 

As brassnecked said relax tonight -you have the ccj removed and your money back.

 

Have a glass of wine or seven knowing that you now have a bit of experiences with Court procedures now which will stand you in good stead for getting the PCN quashed and perhaps payment for breach of GDPR and the poor behaviour of OBS

 

who have known from the start that they did not have planning permission and so no reason to put you through everything they did.

[brassnecked]

As the case will be likely on their original POC, shouldn't be too hard to file a suitable defence.

[Dizzy blonde]

Thanks everyone for your greetings, I consider it a win for the team and have caught up on the alcohol tonight in celebration. I actually thought today was going to be the end of it, so was a bit suprised when the judge told me to send in my defence haha, looking foward to getting the thing over and done with. Thanks again

[slick132]

Hi DB,

 

Great to see this.

 

Well done to all involved and lets hope the Defence sees them off !

[brassnecked]

Dizzy blonde did brilliantly once she accepted that less is more, and keeping it simple.  the thread illustrates how the PPC and DCBL, seeing their beer money flowing down the tubes pressured and demanded ludicrous sums to "Clear" the CCJ, that would have left it in place as might be construed by the Court as Credit Cleansing. They wanted cash not a Mutual Consent. Hopefully they will be well out of pocket once the matter is fully discharged.

[Dizzy blonde]

 

Hi. EricsBrother. re ICO Tier system

 

I notice in another case on here you talk about carpark operators registering with the ICO for data protection, and that they need to be on the right Tier.. 

 

OBS are only on Tier 1 also.  

 

I spoke with the ICO and they seem to suggest the Tier system is only based on the number of employees and amount of turnover a company has. I am wondering if the ICO are misinterpreting the government guidelines on this, or if the government need to change the policy to include the number of people's data they actually hold, as The ICO said the Tier system is based on the principle of more data = more risk. 

 

As the carparks are capturing thousands of peoples data a year, the fact that they only have 10 employees would appear irrelevant and unrelated to the amount of data a company such as OBS actually hold. 

 

What's your understanding of it? 

 

 

 

 

[Dizzy blonde]

Hi everyone. Had a day off now anxious to get on with my defence and get it over with, am wondering where I'm going next. Are their any examples on here you can you can recommend for me to look at?

Also, what happens next? I send my defence to the court and DCB L within the next twelve days and then what happens?