Backdoor CCJ ECP/DCB(L) PCN - against son who is not the registered V5C keeper

[eddyhornblower]

Hello

I'm new to this forum therefore apologies in advance if this subject has been done to death already.

 

I received a parking ticket issued by Euro carparks in 2017 although was legitimately parked on private land owned by Majestic in Worcester. The car was registered to me as a disabled driver and leased to me through the Motability scheme. Numerous online feeds were suggesting this ticket would be an 'invoice' not a 'fine' if it non intent to pay could be shown.

 

All the feedback was suggesting to ignore it because to make contact would constitute a 'contract' between ECP and myself in law. This was endorsed by Martin Lewis so I thought it must be legit. ECP gave up mailing me after a year and I presumed that was the end of matters.

 

In December 2021 my son who has a similar name but lives in Liverpool, realised a CCJ has been entered against his name for defaulting on a debt now exceeding £300

 

The company DCB insist the information is correct and would have been gleaned from a trace and search using DVLA? This is pure fabrication. My son doesn't even drive. How can an organisation make something up for a court to register in default?

 

DCB will not talk to me due to data protection and my son is potentially facing enforcement action over something he has nothing at all to do with.

 

I cannot get judgement set aside because I am not registered in default.

Thank you for reading.

 

[honeybee13]

Hello, welcome to CAG.

 

Before this got to court or judgement, there should have been quite a lot of correspondence. Did this go to you or your son please?

 

Best, HB

[eddyhornblower]

Absolutely. He tells me any such post he'd had would have just been returned 'marked return to sender'

He's a med professional and just doesn't have the time to notice if not relevant

[honeybee13]

This could be your problem if your son returned court correspondence and they got a judgement against you/him. Nothing came to you?

 

I expect the legal guys will be along to advise you.

 

HB

[eddyhornblower]

No nothing was received by me otherwise I would have acted on it it straight away. Our names are not even the same and I have never lived in Liverpool.

 

Seems very odd that a company such as this can simply instigate court proceedings without even clarifying they are chasing the right debtor, if indeed that's what it is because online advices as I say' suggest there is no debt as such unless contact is made which then forms a 'contract' 

 

 

 

EH  

[honeybee13]

But you say ECP were mailing you for a year, so did they have the right address at the outset?

 

HB

[eddyhornblower]

Yes they did so why they chose to pursue my son at the wrong address I have no idea. The car was even registered with DVLA at my home address too. But like I say, advices online from Martin Lewis site suggested not to respond to any communication as this would then form a contract between us.  

[honeybee13]

I'm still trying to understand how correspondence started off coming to you but you never saw anything about a court case, but it could just be me.

 

Did you move at any point after 2017?

 

HB

[eddyhornblower]

I know. No we are still at the same address and haven’t moved house. None of it makes sense to us either. Situation is absolutely bonkers.

 

 

EH

[dx100uk]

claim is against the wrong person, not the registered keeper.

 

and it wasn't DCB(l) that got it by but Euro.

 

get your son phone them (DCB(l) up monday and demand they set aside the CCJ by mutual consent FOC to him as he is not and has never been, the registered keeper on the V5C.

 

they should agree if they have any sense.

 

dx

 

[FTMDave]

I'm only guessing, but as the fleecers often faff around for ever before deciding to start court action, and at that point sometimes do a search for where the person they want to sue is now living, that they may have confused you with your son and thought you'd moved to Liverpool.

 

Anyway, he should phone on Monday as dx suggests. 

 

Don't worry about enforcement, we never see this with PPC cases.

 

Whatever happens he's bound to get a set aside as they sued the wrong person.

[lookinforinfo]

Sounds like your son has a huge claim for breaching his GDPR

[dx100uk]

should be on his credit file

make sure you keep a copy with it showing and its registered date

[eddyhornblower]

My son has now managed to make telephone contact with DCB.

They refused to enter into any conversation due to data protection! and confirmed matters have now been passed to a third party, but declined to say who they are?

Suggestions as to how we now get the CCJ removed would of course be greatly appreciated?

 

Many thanks for all advices and apologies for not replying sooner. 

It is my intention to now make donation to the group for an extremely useful resource which would otherwise I am sure cost considerably in professional fees.  

 

He tried to raise a dispute against the CCJ but can only do so if supplying documentation proving judgement should have been entered against me, which of course he cannot do?

 

Further advices would be much appreciated. Thank you.

 

EH    

[dx100uk]

Dispute it with who?

 

[eddyhornblower]

County Court I believe?

 

DCB are not interested in discussing further and yet the CCJ remains on an otherwise unblemished credit file

[dx100uk]

so your son has paid £275 and filled out a set aside N244 form and sent it to northants bulk court?

doubt it in just a few days since you came here.!!

 

dx

 

[eddyhornblower]

Absolutely not no, information was from a telephone conversation with county court office presumably.

Just a bind having to pay a fee of £275 for something that’s not his fault. Looks like that’s down to me then. 

[dx100uk]

3 hours ago, eddyhornblower said:

He tried to raise a dispute against the CCJ but can only do so if supplying documentation proving judgement should have been entered against me, which of course he cannot do?

 

why not?
 

 

[FTMDave]

DCBL are trying it on.  They know their client is in a dreadful position legally.  But they hope he doesn't know.  Tomorrow he needs to e-mail the fleecers, and copy to DCBL, with something like -

 

 

Dear Euro Car Parks,

 

Re: claim number XXXXX, PCN no. XXXXX

 

it has come to my attention that you have a backdoor CCJ against me.

 

I am not the registered keeper of the vehicle in question.  In fact I don't even have a driving licence.  You have quite clearly sued the wrong person.

 

I have tried to explain this on the phone to your useless solicitors DCBL, without success.

 

Early next week I will apply to set aside judgement, which I am sure the court will grant, and request costs against you as you knowingly or negligently sued the wrong person, which once again I am sure the court will grant.

 

The point of this mail is to suggest you consent to the set aside, which will keep your costs down to £108.  Otherwise I will apply for a set aside without consent, obviously informing the judge that you refused to consent, which will end up costing you £275.

 

The matter of your gross breach of my GDPR can be faced later.

 

As a set aside must be applied for promptly, I will wait until 4pm on Tuesday 7 February for your response, no later.  That is three full working days.

Edited February 4, 2022 by FTMDave
Extra info added

[eddyhornblower]

Thanks FTMDave, this is the kind of information I was hoping to see.

Good stuff, I’ll get him onto it right away.

[FTMDave]

CAG has some very knowledgeable Night Owls who often pop in late and offer advice.  I would therefore suggest he send it first thing in the morning just in case some tweaks need to be made.  Either way the fleecers won't read it till tomorrow morning anyway.

 

On second thoughts I would put the deadline as Tuesday and have amended that bit above.  After all, we do want them to comply so they have to be given a reasonable chance.  I think three full working days is quite sufficient.  

 

Send it to Euro Car Parks as they are the claimant but CC to DCBL as it's vaguely possible they might wake up and do the right thing to protect their client.

[FTMDave]

Presuming he sent the mail off this morning , don't take it for granted that the fleecers will play ball.  If he has time over the weekend (I appreciate he's a medical professional and may not) he should draft his application for a set aside.  Not a lot is needed, probably just a single sheet of A4, simply that the idiots have sued the wrong person and refuse to do anything to correct their error.

[eddyhornblower]

Thanks, yes it was sent first thing but no response as yet. ECP reckon it can take 30 days to reply to email..

[FTMDave]

They've sued the wrong person and instructed moronic solicitors who won't sort out the mess.

 

Three working days is quite long enough for them to get off their backsides and act.  They don't get to make up the deadlines.  No judge would be impressed by their shenanigans.