Hello, another newbie to the forums.
I’ve read a few posts similar to my case, I moved address and changed my license over in May 2020.
I have just received (April 2021) a DCBL Letter ‘notice of debt recovery’ of £275. Not a small figure or one I’m willing to just pay up. The letter has a county court judgement number and parking charge reference - however this is the first letter I have received to this address regarding the fine.
The back states ‘this case is not subject to high court or bailiff action’
When I search using the case number & new post code nothing appears. When I search the case number & old post code I can see the charge was issued in November 2019 however this is the first I’ve heard, possibly through moving address and missing the first letter.
If the case is not subject to high court/bailiffs I’m willing to ignore it, considering it’s taken a year to chase this up with me and I’m assuming there’s added fees from the initial charge.
I don’t know where I stand with the 5 months gap from the issued fine and moving/changing my license over but not receiving a letter from May 2020 until now (April 2021) is not my fault as my address was up to date and I feel I should pay the amount that was owed at that point - I have had no option to appeal initial charge etc
The fine is from an NCP car park (I was told NCP is private)
Can the fees increase? Can they take it further in time? If there’s a CCJ number - is this already against me? (I’m willing to ring court and enquire).
I have already been to a high court about a speeding letter going to my old address and missing the time frames to pay/respond so I don’t want to have a repeat of this, I’d rather pay but £275 is extortionate.
Any advice will be appreciated. Nightmare.
DCBL Letter after 2 years of moving address
Re: DCBL Letter after 2 years of moving address
This is not a high court writ, It is only county court judgment.
The judgment has your previous address on it, therefore, you can apply to have the judgment set aside and have the claim listed for a hearing.
You must collate evidence of the date you moved out of the judgment address, or the date you moved into your new address. That shows that you had no knowledge of the judgment until a bailiff company wrote to you.
You do not need to tell the bailiff company because there is no High Court Writ, so apply to the county court that issued the judgment to set aside the judgment.
The court will list the claim for a hearing and ask the creditor to pay the hearing fee - as there was no hearing and no fee paid. It is a 'default judgment'.
If the creditor does not pay the hearing fee within 2 weeks of the notice, the claim is struck out, and you owe nothing.
Otherwise, you can get a copy of the claim form and you can defend it.
The judgment has your previous address on it, therefore, you can apply to have the judgment set aside and have the claim listed for a hearing.
You must collate evidence of the date you moved out of the judgment address, or the date you moved into your new address. That shows that you had no knowledge of the judgment until a bailiff company wrote to you.
You do not need to tell the bailiff company because there is no High Court Writ, so apply to the county court that issued the judgment to set aside the judgment.
The court will list the claim for a hearing and ask the creditor to pay the hearing fee - as there was no hearing and no fee paid. It is a 'default judgment'.
If the creditor does not pay the hearing fee within 2 weeks of the notice, the claim is struck out, and you owe nothing.
Otherwise, you can get a copy of the claim form and you can defend it.
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Youngdegab
- Posts: 2
- Joined: 23 May 2021 19:08
Re: DCBL Letter after 2 years of moving address
Hi thank you for your response, since then I have called the court with the reference number and they can see the initial claim was £185 from a Vehicle Control Services, again all registered to my old address, I tried to dispute with them and they said it’s in the hands of the DCBL third party company now.
My next step was to call DCBL and try and pay the fine of the initial fine amount because the CCJ is already on my record and I’d rather it be satisfactory. However, after reading your message, I am looking into applying to the county court?
My next step was to call DCBL and try and pay the fine of the initial fine amount because the CCJ is already on my record and I’d rather it be satisfactory. However, after reading your message, I am looking into applying to the county court?
Re: DCBL Letter after 2 years of moving address
Do not contact DCBL.
Apply to the court and get it set aside.
Apply to the court and get it set aside.