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Dizzy blonde

OBS PCN CCJ/Judgement - St Johns Retail Park Wolverhampton. - wasn't at home due to lockdown - Can i set aside?

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The Court guy was probably wanting you to pay the Judgment amount rather than undestanding you want to challenge and set aside the judgment, that would kill it but paying him would keep it on your record for 6 years. No mitigations for that time limit on Forthwith Default Judgment.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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11 minutes ago, Dizzy blonde said:

I will read more about Consent to Set Aside today. I found it confusing, does the Consent have to be done by a solicitor to be accepted by the court?

 

you ring dcb(l) directly and ask if they will agree to a consent order FOC to you because..

 - you did not return home due to caring for your sick mother during Covid-19 Lockdown.

 - their claimant has failed to adequately particularise their claim by not stating what part of their parking contract T&C's you have allegedly broken.

 

they might agree, we have seen it. nothing for you to do regarding the court, they do it all.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Sorry, never replied to your questions in post 15.  As far as I know, the SAR requests are just the same standard request. 

 

"I am prepared to pay for the Set Aside if it will help this be resolved, from what I understand if I win I get the costs back anyway".

 

Not so sure about costs.  Can anyone answer this?


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Depends on the Judge......state you require costs within your application within your draft order. 

 

Costs are an important consideration. At a set aside hearing, the court may order the Defendant to pay costs even if it successfully gets the judgment set aside. However, the Claimant may be ordered to pay the Defendant's costs, especially if it was unreasonable in defending the application

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If DCBL don't agree you can then go to a plan B but it will cost £255  not sure if there is a low income/benefits cost remission for set aside. but might be worth looking at this for reference in case you qualify

 

 

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Thanks Dx , FTM Dave, Andyorch and brassnecked for your input.

 

As my car was scrapped while living at the same address as the PCN, do I still need to get an SAR from the DVLA?

 

Dx:

I have tried calling dcb(L) several times and it just goes to answerphone due to lockdown.

I have been onto their website which asks you to leave your name, phone number, email address and a brief description, for them to call you back.

 

Wasn't sure what to say in the description, or whether to give them my number and email.

Would you suggest asking if they will consent that way?

Or do I need to get a consent order properly drafted by a solicitor?

 

 

 

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they will draft the consent order if they agree.

can't see the point in DVLA sar pers.

p'haps one to OBS but hats about it IMHO.

 

priority is to get ahold of DCB legal.

this could save you £255.

 

is your wife currently employed still?
 

 

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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My partner works but is in isolation for the second time due to Covid.

 

Brassnecked highlighted the fact that in section 4 of the Claim Form they have mentioned driver and also driver and keeper, is t

 - In section 4 your claimant stated 'the driver agreed to pay within 28 days but did not' and also that 'D is liable as the driver and keeper'. According to this, if the driver 'agreed' to pay within 28 days, then is the 'agreement' between the Claimant and the driver, and therefore has nothing to do with the keeper?

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They have to comply with POFA to ground Keeper Liability, we don't have sight of the NTK or subsequent correspondence to see if they complied, but any Unicorn food tax added falls foul of the recent judgment in Lewes.


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I tried clicking on POFA to find out what that means but the page entry is blank.  You mention Unicorn Food tax added, what does this mean, as I Cannot find anything on Lewes. Is this something I should mention when I email DCB L to help persuade them to Consent to a Set Aside? I'm trying to compile a list of things to add to the email.

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POFA is Protection of Freedom ACT, they have to jump through several hoops to make a Keeper liable for their Invoice, they generally get it wrong and don't ground Liability, they then try to use  a couple of old discredited chestnuts like Elliott V Loake and AJH films neither of which apply.  Unicorn Feed Tax is the nickname of Collection and other fees they add to bump up the total, so say £100 for the Invoice, and £60 for DCA, the £60 can only be applied to driver NOT keeper.


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Thanks for clarifying.

I'm even more confused by all the technicalities. Are you saying that when I receive the SAR, from OBS, there should be much more information about the actual offence, such as entry and exit times and a breakdown of their charges etc?

 

As for driver/keeper, can I use that as a point of order, as the driver has not been identified? 

Para 4 says, the driver agreed to pay and D is liable 'as the driver' and the keeper,  how can they know who the driver was, and why would the keeper be at fault, if the keeper wasn't the driver and the driver agreed to pay? Sounds like Monty Python... 

 

 

 

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they didn't have to as the claim was not defended.

they can write what twaddle they like as 85% of the 750'000 speculative invoice claimforms go undefended each year.

 

 

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Dx, ok thanks, that makes sense. 

I am going to try to Email DCB  L for the Consent tomorrow, if that doesn't work I will apply for the Set Aside.

Do I need to be careful about how much information I put in the email for the Consent,

or based on everything I have written so far,

 

do you think there is anything I should include that may persuade them that it would be better to Consent,

rather than me apply for the Set Aside and claim costs?  

 

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only what is in post 27......

don't play your cards in the open yet.!!

pers i'd await to see if they return to work tomorrow

 

it's better to speak, catch them on the hop whilst they have no time to think about it.

simply state (as you will in the email too,) 

 

if you fail to agree to set aside CCJ NO. xxx by mutual consent FOC to me

I will have no other option but to raise an N244 setaside and I will sue you for the fee and consequential costs.

 

 

 

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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No consent is by the party suing you, the solicitors are just the taxi service to get it to court.

Court cant give you advice.

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Hi everyone. Just a quick update.

 

I followed the advice and tried calling DCB Legal, however they are still not answering their phones, nor have they responded to the emails I've sent, the last one being a request to Consent to a Set Aside. 

 

I am posting all the SAR's tonight, special delivery signed for etc and keeping receipts for costs.

 

I started panicking on Monday as the CCJ is now preventing me from finding a new rental and I am due out in 4 weeks. I contacted a solicitor who said, as you all have thanks, that they think I stand a good chance of a Set Aside for all the reason mentioned in this thread and even more so because DCBL aren't even answering their phones or replying to emails.

 

To save money the solicitor suggested I apply for the N244 myself as it is straight forward, and to only use them when the case returns to court to ensure a better chance of success and recovering all my costs and legal expenses.

 

I'm wondering if it would be better just to let them get on with it, as I really need to get the Set Aside done ASAP, or my landlord will begin eviction proceedings. I know my rights, but I don;t want to overstay as a bad reference will also get in the way.

 

On another note, other solicitors have been operating for weeks, I wonder if DCBL are using this time as a tactic and not responding to peoples emails, hoping they will just pay on their website. 

 

I read about the OBS Legal case in 2011, why are these dodgy outfits allowed to continue operating? I notice countless pensioners complaining about being fined at St Johns Retail Park, how do OBS & DCB sleep at night?

 

There must be better ways of making money than scamming people?

At the very least, putting up Substantial signage would go a good way to warn people and show they are not out to scam. 

 

Thanks for everyone's help so far.

 

 

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So get that N244 in asap, and just let the team have alook at what reason you give they are likely to lose if you defend, 


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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stop calling it a fine it is NOT..

 

are you on benefits?

 

 


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Hi. 

I'm not on benefits, not working, but have enough funds to defend this.

 

I also have the N244 here ready to go.

I just noticed FTM Dave updated an earlier post and suggested I wait until the SAR's arrive, before applying to Set Aside. 

So what's best?

 

How long does the court usually take to respond to an application to Set Aside?

If it takes longer than 30 days, then it would make sense to apply now, as OBS etc have got to respond to the SAR within 30 days.

If they don't maybe that will be another thing in my favor.

 

 

 

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Posted (edited)

if you can get remission of fees not only do you get this done on the cheap it means they know they are on to a hiding to nothing if they object as they will be landed with the costs and wont be able to recover them from you later.

Low income also gets you help with costs rather thanjust benefits

 

as already said, DCBL are just a taxi service, go after thecreditor/claimant OPS

Edited by ericsbrother

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Definitely nothing to lose filling in the EX 160 and everything to gain.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Hi all

Thanks for the comments.

As of today DCB Legal had not replied to my email.

I was just about to post the SAR's-N244 and decided to give them one more try and they answered the phone. 

DCB Legal front desk guy just said they are in the process of replying and have decided they will Consent to set aside but only if I pay £450. £300 + £100 court fee + £50 for something else he said. Once paid they will then send a letter to the court to request the set aside and this would take a week.

 

Any thoughts before I take the next step?

 

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Dont pay them....a court will not allow a set a side if there is nothing owing..its regarded as debt cleansing.

 

Andy

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