UKPCL/DCB PCN +£300 CCJ - ignored everything - McDonald's Albert Docks, Liverpool

[hlh49421]

Hello,

This post is on behalf of my father who has received two letters from "dcbl - direct collection Bailiffs LTD'

To my knowledge he overstayed on a McDonald's car park and has since received TWO letters from DCBL which he IGNORED and then a third letter which appears to be a CLAIM FORM but he wasn't sure if the claim form looked legitimate or not because you can normally see the dried ink from the stamp on the paper but on this claim form it looks like a stamp has been photocopied on?

If you experienced people could try and confirm if this 'claim form' is actually real that would be great or is it just another futile attempt by these con men to make you cough up the money?

He has made no contact with anybody regarding the PCN and has ignored every bit of correspondence to come through the door. He's never admitted to anybody who the driver was either.

Thanking you all in advance

I've attached the redacted correspondence too for everybody to look at
Great stuff thanks again 

 

(JUST A QUICK UPDATED PIECE OF INFORMATION - DCBL have sent three of their letters out altogether and he's had about five letters from the original PPC which he wasn't sure of the company name? He's IGNORED ALL CORRESPONDENCE from the start)

 

claimform + pre+post DCB(l) letters.pdf

[honeybee13]

DCBL are saying there's an unpaid CCJ. Has your father received correspondence from the CCBC in Northampton?

HB

[hlh49421]

Hi HB,

Yes if you download my link in the first post it'll show you the 'Claim Form' he's received from the County Court Business Centre with a Claim Number beginning with K eight characters long. But we weren't sure if the claim form was legitimate or not? The stamp on the paper didn't look authentic. Are we able to check if this claim form is real? The Issue date was April 2023 so we've left it for 3 months now

[FTMDave]

While your father's attitude to these charlatans is laudable, the way he's gone about it is not.  There are times to ignore and times to jump into gear.  You should never ignore court papers.

He hasn't defended the claim by the deadline shown on the papers so he's lost the case by default.  There is no way of rescuing the situation.  There has to be a serious reason shown to the court to set aside a judgement and ignoring court papers isn't one.

He has also defied the court and not paid within the 30 days fixed by the court.  That means he's got a CCJ and a knackered credit file for six years.  Again, there is no escape route.  Even if he pays the CCJ will remain.

The one saving grace is that the fleecers haven't got their money, and they're not enforcing, and as paying won't remove the CCJ, he might as well continue the ignoring and not paying, at least for the moment.

Edited July 24, 2023 by FTMDave
Typo

[dx100uk]

go check his credit file 

does the ccj  show in public records section?

[dx100uk]

its interesting to see BECAUSE the defendant ignored everything, they went for lots of extra fake unicorn food tax and fake court charges and got +£300 judgement when most are £257ish.

BAD MOVE TO IGNORE!!

its also worthy to note i believe that from previous threads? here i seem to remember the docks are covered by the docks byelaws and ukpcl cant enforce anything by issuing speculative invoices....not relevant land 

 

[hlh49421]

Thanks for the input guys. I'll try to get the credit check to show you

I was under the impression from what i've read in previous posts that unless the PPC can prove who the driver was beyond reasonable doubt the court would just sling out the case and the charges would be dropped?

Fortunately My Dad shouldn't be needing any credit at his age. He's managed his finances well so a six year CCJ is not the end of the world.

Is it impossible for the fleecers at this point to get paid?

Whom does he owe money at this stage and is the payment enforceable? 

[FTMDave]

17 minutes ago, hlh49421 said:

I was under the impression from what i've read in previous posts that unless the PPC can prove who the driver was beyond reasonable doubt the court would just sling out the case and the charges would be dropped?

Spot on.  But in that case the claim needs to be defended so that a judge gets to decide who is right and who not.  Because he didn't defend he lost by default.

18 minutes ago, hlh49421 said:

Fortunately My Dad shouldn't be needing any credit at his age. He's managed his finances well so a six year CCJ is not the end of the world. 

Good news!

18 minutes ago, hlh49421 said:

 Is it impossible for the fleecers at this point to get paid?

He can pay the fleecers if he wants, but as it won't remove the CCJ, why bother?  At least he can take revenge by depriving them of their ill-gotten gains.

19 minutes ago, hlh49421 said:

Whom does he owe money at this stage and is the payment enforceable? 

He owes £323.32 as per the court order to UK Parking Control Ltd.

Yes, it is enforceable.

But I've been on this site for seven years, and I've never seen the fleecers enforce a court order for a single ticket.

Personally I'd refuse to pay but be very proactive and upload any communications he gets immediately here.

[hlh49421]

Can UKPC Ltd now send in the real bailiffs to collect the amount that is owed if they don't receive what the court have awarded to them? If they've taken the time to take it to court and won by default surely they will finish the job off and collect the money? Plus they'll be legally entitled this time

DCBL were trying to recover £323.32 but the amount claimed in the county court was £300.48
There's a discrepancy there straightaway

Yes there's absolutely no way he'll be paying the fleecers at this point i'll make sure of that. He's keen to ignore further anyway but is he at risk of receiving a knock on the door in the near future from the bailiffs demanding £300.48 on behalf of UKPC Ltd?

[FTMDave]

Can UKPC Ltd now send in the real bailiffs to collect the amount that is owed if they don't receive what the court have awarded to them?  Yes.

If they've taken the time to take it to court and won by default surely they will finish the job off and collect the money?  Never seen a PPC do this for a single ticket ever in the last seven years.  We've seen it but only in cases of multiple tickets and a very large debt.

DCBL were trying to recover £323.32 but the amount claimed in the county court was £300.48
There's a discrepancy there straightaway  No, there isn't.  The fleecers were including 8% yearly interest on a daily basis up to judgement, so there will be an increase from when they issued the claim up to judgement.  Again, it's a huge shame that your father didn't defend because, even if he lost, a judge would only allow a few % interest and only for one year, not the four years the fleecers got.

It's up to him, but personally I wouldn't pay, but he has to be ready to jump into action in the unlikely event that real enforcement - not the usual daft threats about dropping a nuclear missile on his house - starts.  The regulars here are quite happy to help out.  If in doubt, always upload anything the fleecers send.

[dx100uk]

1 hour ago, hlh49421 said:

Can UKPC Ltd now send in the real bailiffs to collect the amount that is owed if they don't receive what the court have awarded to them?

Just to Clarity here for you and future readers..

not sure what you mean by 'real bailiffs' here - p'haps the DCBL TV series has somewhat confused you .......

they are operating on mostly business/private prosecutions and are High Court Enforcement Officers - unless any court CCJ judgement is above £600 an HCEO can NEVER EVER be involved. and anyway as it's a CIVIL county court Consumer debt - there is ZERO right of forced entry.

IF IF IF the CLAIMANT wants to enforce the debt by BAILIFFS, they would HAVE TO return to court (of which the court will write to inform the defendant) and ASK the judge to send County Court BAILIFFS... like wise .. they have NO RIGHT OF FORCED ENTRY.. so to all intent and purpose can simply be IGNORED. 

dx

 

[hlh49421]

What if a high court writ is obtained?

Are the HCEO's permitted to access my Dad's house or business address and seize assets if the cash cannot be collected?

I know this is all 'ifs & buts' at this stage but it's good to be aware of impending action

But like dx100uk has said the CCJ was under £600 so it's good to know at this point nobody would try to force entry into my Dads home or business without him first hearing about a high court writ of control first

Thanks

[FTMDave]

High court bailiffs can never be involved if the amount is under £600.  Full stop.

[dx100uk]

3 hours ago, hlh49421 said:

without him first hearing about a high court writ of control first

NO!! cant happen end of! 

no right of forced entry ... period.

dx