Helping family member with CCJ for 2 x PCN's struggling to post

[des8]

Good luck with Royal Mail and their tracking, but do not delay with the set aside application

[efpom]

https://www.bailii.org/ew/cases/Misc/2026/1.html

des8

[PallasAthena]

Thanks efpom

As a side comment sad to see the decline in literacy standards of judges in their Approved Judgements! Para 7 'inciteful' where presumably 'insightful' is intended, para 15 'it's' should be 'its' (no apostrophe).

[des8]

Thanks for that interesting link echat11

Shall have to bookmark it!

[PallasAthena]

https://www.bailii.org/ew/cases/Misc/2026/1.html

There's a good YouTube explanation of this case.

Court clamps down on Rights of Audience; but why?

[Velox59]

Re letter sent to DCB Legal consent for set aside – no tracking available Royal Mail say it should have been delivered by now, its lost fill out a claim form for compensation which I did, might get my postage back – thanks Royal Mail.

I called DCB Legal who said they have not received my letter. I emailed them a copy of the request and they said they would review it.

N244 downloads from the government site as a Google doc is there a word version out there…..Paragraph 10 asks what information we will be relying on. To continue on a separate sheet of paper if necessary. I wrote out 17 points but this is too large for the downloaded document to save as a PDF, thereby missing loads of text.

Attached are the 17 points which sets out the situation, is it more of a draft order to accompany the N244.

I assume we will be relying on the court/judge’s discretion to set the case aside other than mandatory grounds.

I will perform the role as Litigation Friend and Witness – I this is ok ?

I assume I can produce letters I have received or sent as my exhibits in my statement.

Can I or my daughter produce the Debt and Mental Health Evidence Form completed by her GP which evidences things she struggles with.

Having read the above posts regarding court and presentation of hearings is this something I need to be aware of I’m not seeking to be a legal representative more of an appropriate adult and a witness.

Thanks Velox59

[des8]

Re letter sent to DCB Legal consent for set aside – no tracking available Royal Mail say it should have been delivered by now, its lost fill out a claim form for compensation which I did, might get my postage back – thanks Royal Mail.

I called DCB Legal who said they have not received my letter. I emailed them a copy of the request and they said they would review it. Don't let it go on too long ... you should not delay applying for set aside

N244 downloads from the government site as a Google doc is there a word version out there…..Paragraph 10 asks what information we will be relying on. To continue on a separate sheet of paper if necessary. I wrote out 17 points but this is too large for the downloaded document to save as a PDF, thereby missing loads of text.

Attached are the 17 points which sets out the situation, is it more of a draft order to accompany the N244. You need to keep your reasons more succinct and to the point of why there is an arguable defence.

I assume we will be relying on the court/judge’s discretion to set the case aside other than mandatory grounds. Was no acknowledgment of the claim filed with the court?

I will perform the role as Litigation Friend and Witness – I this is ok ? Have you applied to the court for permission to act as Litigation Friend ... cf post 6? How are you a witness to the facts about the claim?

I assume I can produce letters I have received or sent as my exhibits in my statement.

Can I or my daughter produce the Debt and Mental Health Evidence Form completed by her GP which evidences things she struggles with. You might need to when applying to act as Litigation Friend

Having read the above posts regarding court and presentation of hearings is this something I need to be aware of I’m not seeking to be a legal representative more of an appropriate adult and a witness.

Thanks Velox59

It could be that the court will not allow you to act as your daughter's Litigation Friend, in which case you could act for her as a Lay Representative, in which case you will be able to speak for her in court..

I'll look to tidy up the draft order when response to above received

[Velox59]

Don't let it go on too long ... you should not delay applying for set aside
Hi - I want to get this resolved sorting all these debts for the last 18 months has been a massive strain. In the final throws with this matter (and 20 PCN’s with DRPL which I ill return to after this is in). So I will get it in asap even taking my laptop on a week’s holiday starting this weekend and I can submit the application by email ?
You need to keep your reasons more succinct and to the point of why there is an arguable defence.
Okay – the set aside application reasons I will reduce.
Was no acknowledgment of the claim filed with the court?
Have you applied to the court for permission to act as Litigation Friend ... cf post 6? How are you a witness to the facts about the claim?


It was filed with the court - When getting nowhere with DCBL/DCB Legal on the 21^st November 2024 I wrote to the court (judgement was made 15/11/24) and returned the claim form with that letter.
I enclosed a copy of consent from my daughter to help her.
All correspondence was coming on redirection to me from her old address. Initially I could not open her mail (due to the paranoia) unless in her presence and I’m 110 miles away. Also due to her fragility putting the claim form before her at the wrong time could have been a trigger. So it went in late…...but the court did get it.
Court acknowledged my letter and wrote back 26^th November 2024 and advised if disputed to ask for set aside.

I had further email exchanges with the Court between March and June when I informed them about the breathing space and sent them a copy of the Debt and Mental Health Evidence Form from her GP.
They only emailed me back after supplying her consent letter to help her again.

I’ve completed the Certificate of suitability of litigation friend form – I was going to send it with the Set Aside application, is that okay ?

I am a witness if there was a set aside hearing to the shortcomings of DCBL and DCB Legal in delaying and frustrating clarifying what matters they were referring to in the claim.
The claim form being inaccurate I guess the court can see that if that is pointed out in the order.

I am not a witness to the allegation only my daughter can account for that, but I could produce photographs/street view of the two venues if there was a trial ,if the set aside application was granted. Subject to evidence that DCB Legal supplied.
I can also witness her illness if capacity is a future defence.

Can I or my daughter produce the Debt and Mental Health Evidence Form completed by her GP which evidences things she struggles with. You might need to when applying to act as Litigation Friend


I will supply again the DMHEF form again – because in it the Dr mentions communication and paperwork struggles.

I will shorten paragraph 10 of the application and repost it here.

[Velox59]

Ok I have cut down the points for paragraph 10 of the form N244. Is this better, your thoughts thanks.

1. This application is for the Judgement made by the court on 15^th November 2024 claim number L5KF1R4N to be set aside.

1. This claim dated 23^rd October 2024 relates to two Penalty Charge Notices (PCN’s) issued by Parkingeye Ltd the Claimant at The Range Watford on 11^th October 2020 and 6^th April 2021.

1. The claimants legal representatives are DCB Legal Ltd

1. This claim is inaccurate as the PCN dated 6^th April 2021 was in fact at the Novotel, Stevenage.

1. DCBL and DCB Legal were asked on receipt of the claim form in writing on 5^th November and 11^th November 2024 to clarify the locations of the claims. They did not respond with the information until the 27^th November 2024 after which time the judgement had been made.

1. No Notice to Keeper notices or evidence has been provided to the defendant. She was homeless at the time of the allegations.

1. The defendant has been suffering with a mental health condition - psychosis since 2020 and was sectioned in June 2024. She did not have capacity to understand at the time or for periods thereafter the world around her.

1. There is medical evidence to support this defence – Debt and Mental Health Evidence Form. She is under section 117 Mental Health Act aftercare and currently in Mental Health Breathing Space.

Thanks.

[Velox59]

The numbers have not cut and paste over numerically...... just spotted that......will be points 1 - 8.

[des8]

I have just spent the last hour plus going over your submission and making suggestions, plus indicating other matters which could show you have an arguable defence ....... and the my computer crashed and all has gone

Points other than those you mention are centred round the claim amount (they seem to be charging an extra £70 per incident which could be an attempt at double recovery and an abuse of process) and the claim form has been signed by someone who does not have the right to conduct litigation, which is a reserved occupation.
Both reasons for having the claim dismissed.

I'll get back to it tomorrow

[Velox59]

Morning - sorry to hear that its annoying when it happens.
LB does time out quite quickly and its caught me out so I prepare text on word first then paste in.

Yes £170 is on the Parkingeye details when you log into it.

I noted that the signatory was the same person referred to in another thread with this recovery company - there is no update from that member as to how that is going with that issue and if they are authorised.

Attached (having read another members account last night) is the Parkingeye images and some research I have done on the parking signage at each venue - not sure if relevant. Venue 2 I can visit and photo even though its 4+ years on. .

[des8]

I would amend the submission from point 4 onwards along the following lines:


4 The Defendant has an arguable defence to the claim for the following reasons:
i) the claim is for alleged breaches of 2 parking contracts in the sum of £340 including damages.
Although no breakdown of how that sum is calculated it may be assumed it is £100 plus £70 "damages" per charge
This may well be a case of double recovery and hence an abuse of process and as ruled in County Court case Excel v Wilkinson: G4QZ465V, July 2020 allow the court to strike the claim out.
Also in ParkingEye v Beavis UKSC/2015/0116 it was held that the charge(£85) already included the costs of recovery

ii)the Defendant asserts there was no contract at the time of the alleged incidents as she was not capable of contracting
From 2020 the Defendant suffered severe mental health problems and homelessness.
She has been sectioned under the Mental Health Act (sec 2, 3 & now in receipt of sec117 aftercare)
Evidence of the Defendant's mental health condition can be provided

iii) The PoC is unclear on how the breaches occurred and it may be that the signage was incapable of forming a contract.
No copies of the Parking charge notices, nor of the signage at the relevant time have been provided.

iv) the PoC relates to 2 alleged events, both supposedly at The Range, Watford .
On investigation it was found that one of the alleged events was at Novotel Stevenage.

Such poor drafting as points iii) & iv) above, is surprising from a firm of solicitors and raises doubts about the competency of the litigator, Sarah Ensall

It is noted that Sarah Ensall is not a solicitor, nor a member of CiLEX, and the Claimant has not provided evidence that she had explicit authorisation to sign statements of truth on behalf of ParkingEye. The Claimant must demonstrate that she had the required formal standing to sign the PoC. If she did not, the statement of truth was defective, and the PoC was procedurally invalid.


In an early post you stated "I returned the court claim to the court but by now it was right on the 14 day limit"
Can you state the exact date you sent the response to the court?
Did you post it ? if yes did you get a certificate of posting?
Did you send it by email?
Do you have the envelope the claim form came in?
Does it show the redirection notice


This is your claim, so only use what you think is correct.
I am not legally trained, and only advise how I would react

[Celestine]

OP has emailed Admin to let us know he is abroad and struggling to log in. He will respond as soon as we can resolve this problem. Thanks K

[Velox59]

Apologies for a late response was travelling yesterday and had WIFI connection issues.

Looked through paperwork I. I have no proof of posting the claim form back within the 14 days I thought I had but cant now be sure. I don’t have the envelope I received it in.
I dated the claim the 7^th November 2024 – I remember not being clear if I should send it to the court or the claimants solicitors. Discussed with my daughter but it was not that productive.
Foolishly thought that DCBL/DCB Legal would be more helpful and understanding with my letters at that time and we know how that went.
I wrote to the court on 21^st November 2024 referring to the 28day limit for notifying we would defend (outlined on the rear of the claim form). Maybe I returned the claim then I can’t be sure. I can’t find a receipt for proof of postage of my letter to the court.
Suffice to say they replied dated 26^th November 2024 and they stamped my letter and the claim form the same date – part of that attached.
I don’t believe I have the envelope the court letter was received in I kept many for a long time but stopped bothering after a while – I was getting a lot of mail back then…...
The court did acknowledge my home address as a point of contact – their response bares my address.
The Judgement I’m sure came via re direction form her old address and bares that old address.

Re direction – interesting I have no emails about that seem Royal Mail wrote to me and I don’t think I kept those letters. I have in my 2024 diary that I set it up on 7^th September 2024 and a reference number. We did it for 6 months. If I cant find the redirection confirmation I can ask Royal Mail re that redirection. I’ve got a few redirected Ealing Council letters envelopes as CTAX was another thing we were battling and that became my focus in early 2025 when they issued 4 summons…. (another battle against the system which came good eventually and it ended up they owed my daughter money). I was firefighting in the early days with all this.

Thankyou for your guidance on the wording from point 4 on the N244 form – it flows really well, love the state cases mention.
What’s the next step/stage to do ?
Bit limited on internet and paperwork this week.