DCBL - Letter claiming I have a CCJ for outstanding Excel ticket

[Milkybk]

Hi all. I originally made a post on MoneysavingExpert but the kind folk pointed me in your direction for this specific issue!

I used spoiler on MSE to try and reduce the size of the pictures, however I don't believe they're available on LB. If there's an issue please let me know and I can try uploading the images to a website instead.

I received a letter from DCBL LTD last night, claiming I have a CCJ against my name for money owed to "Excel Parking Services Limited". There's no details on said letter about where the charge was issued, not even a City or a date. To be clear, this the first letter I've ever received at this address regarding this matter and I never received any others whilst living in Milton Keynes.

I believe it's relating to a previous thread I posted in 2017 - link I went through the appeal process for this and Excel just stopped contacting me one day.

The letter is from DCBL LTD with 14 days to reply, having read the newbies threads (on MSE) it would appear this one is a pure debt collection letter and should be ignored. Anything from DCBL Legal with 30 days notice to reply shouldn't be though. The letter also states "This case is not subject to High Court or Bailiff action", which again means it's just a debt collectors letter at this point. Letter shown below in spoilers due to size, with address etc removed:

Letter side 1:



Letter side 2:


Due to them stating I had a CCJ, I decided to check my Experian credit report last night and it's showing no CCJ's against my name. See image below:



I then decided to also pay a small fee to check everything on "TrustOnline", as it was recommended on gov.uk. They sent me two reports back. The first one was a general check on my name and states all clear, no CCJ's against my name. They then sent me a 2nd one, which was for the specific case number on the DCBL letter. This one stated I have an "unsatisfied record" against my name. It came back with an address I haven't lived at for around 4-5 years in Sheffield (I've lived in Milton Keynes since). Unfortunately it didn't give any more case details e.g. when the ticket was issued etc.

These can be found in the spoiler below, with address etc removed:

General check:


Specific case number report:


I haven't contacted DCBL in any form. I'm slightly confused, as whilst it appears my record is clear of CCJ's, their letter states I have one (potentially a fraudulent scare tactic I presume) and I do have something showing on one of these searches, although it's not clear what that actually means. Anyone experienced similar? Is there a way to look up details on this alleged parking charge without contacting DCBL?

Link to thread on MSE where they recommended me posting on here - link

I believe my first step is to apply for a set aside on the CCJ.

[R0b]

Hello

I can't access those images on MSE but this sounds like Excel have obtained a default judgment against you, which is the reference to the unsatisfied record. I assume the reference given will be the court case number so your starting point is to contact the County Court Business Centre to verify this.

If correct, there's a few steps I would recommend taking:

1. Ask the court for copies of all documents relating to the file. At a minimum this should be the claim form and any other associated documents.

2. Send a subject access request letter to both Excel and DCBL and see what information they hold about you.

3. When you have the necessary information from the court, consider writing to DCBL and explaining that you were competely unaware of this default judgment, and you believe that there are mandatory grounds for setting aside the default judgment of which you are preparing an application to set aside the judgment, and so they should refrain from all enforcement pending the outcome of that. It will cost you £255 but I think based on what you've said you have good chances of getting it set aside and your costs back.

I wouldn't be so reliant on your credit reports showing nothing on file, they are usually behind on reporting that information since a credit file is normally updated once a month. Also, the credit reference agencies take their information directly from the Registry Trust (they manage all judgments on behalf of the courts) so that should be your point of reference.

Couple of questions:

- When you moved from Sheffield to Milton Keynes, did you update your V5? If not that could be why you had no correspondence.

- What is the date of the CCJ given? If there is a material gap between Excel contacting you and then obtaining the CCJ, that would be supportive of your argument that Excel failed to take reasonable steps to ascertain your last known address. It is curious they somehow decided to take steps to find your latest address only after the CCJ has been obtained.

[Milkybk]

Hi all - so I've just spoken to Northampton CCBC. They're sending me all the info they have via email, along with the forms etc for a set aside N244.

Info they gave me over the phone:

• There is indeed a CCJ lodged against my name.
• It was submitted on 3rd September 2020 by Elms Legal on behalf of Excel.
• I never received any correspondence from this company at any address.
• The CCJ was submitted against my old Sheffield address - which I haven't lived out for 5+ years.

They didn't know anything about DCBL - but said it was strange they were able to find the new address but nobody else has used it.

[Milkybk]

Hello

I can't access those images on MSE but this sounds like Excel have obtained a default judgment against you, which is the reference to the unsatisfied record. I assume the reference given will be the court case number so your starting point is to contact the County Court Business Centre to verify this.

If correct, there's a few steps I would recommend taking:

1. Ask the court for copies of all documents relating to the file. At a minimum this should be the claim form and any other associated documents.

2. Send a subject access request letter to both Excel and DCBL and see what information they hold about you.

3. When you have the necessary information from the court, consider writing to DCBL and explaining that you were competely unaware of this default judgment, and you believe that there are mandatory grounds for setting aside the default judgment of which you are preparing an application to set aside the judgment, and so they should refrain from all enforcement pending the outcome of that. It will cost you £255 but I think based on what you've said you have good chances of getting it set aside and your costs back.

I wouldn't be so reliant on your credit reports showing nothing on file, they are usually behind on reporting that information since a credit file is normally updated once a month. Also, the credit reference agencies take their information directly from the Registry Trust (they manage all judgments on behalf of the courts) so that should be your point of reference.

Couple of questions:

- When you moved from Sheffield to Milton Keynes, did you update your V5? If not that could be why you had no correspondence.

- What is the date of the CCJ given? If there is a material gap between Excel contacting you and then obtaining the CCJ, that would be supportive of your argument that Excel failed to take reasonable steps to ascertain your last known address. It is curious they somehow decided to take steps to find your latest address only after the CCJ has been obtained.

Hi, thanks for the swift reply. I've just posted regarding a conversation I had with Northampton CCBC before I saw your post. I'll add it to this reply, as it answers your questions. Are you able to view the images in this thread on LB? I can see them on here. If not I'll get links for them.

Info they gave me over the phone:

• There is indeed a CCJ lodged against my name.
• It was submitted on 3rd September 2020 by Elms Legal on behalf of Excel.
• I never received any correspondence from this company at any address.
• The CCJ was submitted against my old Sheffield address - which I haven't lived out for 5+ years.

They didn't know anything about DCBL - but said it was strange they were able to find the new address but nobody else has used it.

To answer your questions:
1) The car was sold before moving to Milton Keynes, I believe in March 2017. I traded it in for a new car I had on order. The original Excel letter (which I appealed) said the ticket was from January 2017.
2) The CCBC said the CCJ was given on 3rd September 2020.

I moved to Milton Keynes in November 2017. I lived at an address for 6 months when I first moved, before finally moving into the property I'm in now (which I've been in ever since). I also updated all V5's when I moved here.

CCBC have emailed me with the set aside forms. They also sent me this:

EXCEL PARKING SERVICES LIMITED V MR CHRISTOPHER RICHARDSON


Solicitor: ELMS LEGAL LIMITED

Reference: EPS16081812


THE CLAIM IS FOR A BREACH OF CONTRACT FOR BREACHING THE TERMS AND CONDITIONS SET ON PRIVATE LAND. THE DEFENDANT'S VEHICLE, LN14OMS, WAS IDENTIFIED IN THE BROOMHILL ROOFTOP PAY & DISPLAY CAR PARK ON THE 21/01/2017 IN BREACH OF THE ADVERTISED TERMS AND CONDITIONS; NAMELY 101) PARKED WITHOUT PAYMENT OF THE PARKING TARIFF FOR THE VEHICLEREGISTRATION MARK OF THE VEHICLE ON SITE AT ALL MATERIAL TIMES THE DEFENDANT WAS THE REGISTERED KEEPER AND/OR DRIVER. THE TERMS AND CONDITIONS UPON ENTERING PRIVATE LAND WERE CLEARLY DISPLAYED AT THE ENTRANCE AND INPROMINENT LOCATIONS. THE SIGN WAS THE OFFER AND THE ACT OF ENTERING PRIVATE LAND WAS THE ACCEPTANCE OF THE OFFER HEREBY ENTERING INTO A CONTRACT BY CONDUCT. THE SIGNS SPECIFICALLYDETAIL THE TERMS AND CONDITIONS AND THE CONSEQUENCES OF FAILURE TO COMPLY, NAMELY A PARKING CHARGE NOTICE WILL BE ISSUED, AND THEDEFENDANT HAS FAILED TO SETTLE THE OUTSTANDING LIABILITY. THE CLAIMANT SEEKS THERECOVERY OF THE PARKING CHARGE NOTICE, CONTRACTUAL COSTS AND INTEREST.



Date of issue: 11-AUG-2020

Date of Judgment: 03-SEP-2020

[ostell]

I note with interest the statement on the second page stating "This case is not subjected to High Court or Bailiff action"

However, it does look as though you have a judgement against you. Possibly you didn't change your V5 Document details when you moved or you sold the car and didn't record the sale.

Yes an application for a set aside in that they did not serve the documents to the correct address. You have a limited time.

If you haven't still got the details then a SAR to Excel now to allow time for the documents to reach you.

Edit: Should have done a refresh before adding

Post your images on a hosting site such as imgur and put the link on here.

[Milkybk]

I note with interest the statement on the second page stating "This case is not subjected to High Court or Bailiff action"

However, it does look as though you have a judgement against you. Possibly you didn't change your V5 Document details when you moved or you sold the car and didn't record the sale.

Yes an application for a set aside in that they did not serve the documents to the correct address. You have a limited time.

If you haven't still got the details then a SAR to Excel now to allow time for the documents to reach you.

Edit: Should have done a refresh before adding

Post your images on a hosting site such as imgur and put the link on here.

Hi, thanks for your post. I don't seem to be able to edit the first post anymore, therefore I'll add the images here. I also posted an update above your post, with info from CCBC's email etc.

DCBL letter - page 1
DCBL letter - page 2
Experian CCJ Clear
Trust online report 1
Trust online report 2

Although the CCJ clear things don't really matter now, as I definitely have one!

Yes I'll be doing the set aside today - on MSE forums they say you should send quote a lot of other info along with the required forms.

I don't have any info from Excel - I'll send a SAR to them. Should I also be sending one to Elms Legal and DCBL?

[R0b]

There's no hard and fast rule on sending a letter to them, but personally I am not a fan of copying and pasting the relevant rules. It's unnecessary and they're going to be aware of them so it's just a waste of paper and space really.

I've attached a couple of example letters tht I've done in the past to give you an idea of what to include.

[Milkybk]

Hi, thanks for your post. I don't seem to be able to edit the first post anymore, therefore I'll add the images here. I also posted an update above your post, with info from CCBC's email etc.

DCBL letter - page 1
DCBL letter - page 2
Experian CCJ Clear
Trust online report 1
Trust online report 2

Although the CCJ clear things don't really matter now, as I definitely have one!

Yes I'll be doing the set aside today - on MSE forums they say you should send quote a lot of other info along with the required forms.

I don't have any info from Excel - I'll send a SAR to them. Should I also be sending one to Elms Legal and DCBL?

Hi Rob,

Thanks for the info. I have drafted another email and sent it to Excel this evening. I'll update with new from them. I also sent a SAR to them.