CCJ claim form received after deadline/judgement - is N244 worth it?

Foresthare

Hello,

I’ve been reading a lot of information online and in the forums. It has been very helpful but I’m still somewhat confused.

My situation is this.

30/12/24 – received CCJ claim form dated 4/12/24 relating to a parking charge in June 2024.

I have never received any letters from the parking company UK Parking Control Limited. But the date and location on the claim form is true and it is possible I didn’t pay for parking – I’ve not seen any evidence to judge otherwise. I went for lunch with my mum and sister at the location and it's first 3 hours free if you display a ticket - which I honestly can't remember if I did. 

The total cost of fine and court fees came to £260. I logged into the website but it was too late as the judgement has been made. I am yet to receive the judgement.

31/12/24 – I emailed the courts and the solicitors (DBC Ltd) to tell them that I had no opportunity to respond.

08/01/25 – I received a response from the CNBC saying the judgement has been entered against me and my only option is to accept or fill in an N244 court application form. Still no details on the judgement, how much it is or how I would pay.

The main issue for me is that I never received the original fines and I received the CCJ too late to respond. There is no issue with the address – the address is correct. It’s possible the CCJ was delayed in the Christmas post but I’ve no explanation for never receiving the fines.

My questions are:

1. Having not received any details on the judgement is it likely to still be the £260? Or higher?

 The N244 set aside form is £303. This is more than the original claim. My main concern is how much this will cost me, this is already causing me a lot of time and stress –I would rather just pay the original cost than spend more money and be unsuccessful. There’s a lot of threads on N244 but I can’t see much info on the likelihood of getting costs back.

2. If I fill in the form and pay the fee what is the likelihood of me not having to pay the judgement or is the main benefit just removing the judgement from credit file ? 

3. Is there any merit to my defence of never receiving anything? Has anyone ever won with that defence? I'm concerned that whilst this is the honest truth, I imagine a lot of people say they didn't receive anything. 

4. What is the likely outcome of this defence. If the parking evidence shows I didn’t display a ticket – then presumably I’ll still have to pay the £170?

5. Presumably it is inadvisable to ignore all of this?

I want to make a decision on what to do based on the least cost. I think it's totally unfair and I appreciate that many people have defended successfully but I don't want this hanging over me for years. 

Thank you for any help or support 
Forest Hare

Coupon-mad

I know you've already emailed the CNBC but do more:

Send the CNBC a 'formal complaint' and tell them that a vital claim form ostensibly 'dated' 4th December doesn't seem to have been actually posted until much later (arrived 30th December) and this has caused you a CCJ.  Tell them under your SAR rights, you now require their system evidence of when the Claim Form was actually put into the Royal Mail system for first class post because it clearly wasn't 4th December.

Don't wait for the outcome, BUT by putting in that formal complaint, it has two advantages:

1.  The CNBC might actually realise they had a problem with post that week and admit fault. We saw another thread this week where DCB Legal had to make an application because they also didn't receive post from the first week in December, so I half suspect an issue here.  If they admit fault they'll have to refund your £303 (plus more in compensation for distress).

2. It (and your email dated 31st Dec) can be used as evidence to support your WS that says the Claim Form arrived on 30th December.  In other words there is clear evidence that the Claim was not served at the point when the CCJ was entered.  That means that the time to respond had not started, so you were never in breach and as per the Denton tests, there is no question that you must get relief from sanctions, per CPR 13.2. The CCJ must be set aside.

See recent CCJ set aside WS and Draft Orders, such as the ones in the CCJ threads by: 

@Brightonrock123

@icy_fox

Your case will need slightly different wording because the C is not at fault (a wrong address wasn't used) but you need to cite the Denton tests and I think both of the above do. Oh, and they both use VCS v Carr (Court of Appeal CCJ case in progress) too.  You need that one as an exhibit as well.

You won't be paying the judgment if you decide this is your way forward but you need to know that it isn't 100% guaranteed that the CCJ will be set aside (but with the formal complaint evidence and the fact you first alerted the CNBC within 24 hours of receiving the claim that it was not served in a timely manner, it seems 99% likely IMHO that a Judge will set aside the CCJ if you also have good prospects of defence).

You COULD firstly try an email to DCB Legal this weekend, adapting the recommended 'CCJ by consent' one in the NEWBIES thread and asking them to agree to the CCJ set aside because they know from your emails at the end of December that the Claim Form was not served in time and thus the default judgment was premature.  As such you will be applying to set it aside and will not be paying it but you invite them to consent to reinstate the claim. They'll refuse and demand full payment but that's the point!  Makes them look unreasonable and makes it arguable that THEY should pay your £303 fee back in the end.

Bottom line: I'm not sure you'll get the fee back but there are 2 avenues to try for that.

I am sure you can defend any UKPC claim.

I am 99% sure the CCJ will be set aside.

Your decision though. Be aware that by choosing this route the CCJ is not frozen and will affect your credit rating from now on, until set aside.

Foresthare

Hi coupon mad. Thank you for the information. I really appreciate it. 

Foresthare

Thanks again Coupon Mad. I have tonight emailed CNBC my formal complaint and emailed DCB Legal as suggested. 

I will now work on the N244. 

How urgent is it to get the N244 sent? I'm guessing I need to do it in the next week but just wondering if I should prioritise getting it sent tomorrow? 

Coupon-mad

In a week is fine. 

Foresthare

Thank you. 

If I did get the claim reinstated - on what grounds do you think I can defend against UKPC? 

I honestly can't remember if I paid to park, it's also a free car park where you just have to display a ticket. I definitely was only there for no more than 1-2 hours. 

Coupon-mad

It'll be discontinued after the CCJ is set aside. Your case is no different than defending any other UKPC / DCB Legal claim.

Foresthare

I've drafted the following statement for the N244. I'm hoping to send off today or tomorrow. I've been able to add in a news article about postal delays in the area during December 2024 - which I think is useful - but let me know if I should remove. 

All the legal stuff I've copy pasted from other threads as I don't really understand it so please let me know if it doesn't make any sense. 

Thank you for all your help. 

1.      I received the CCJ claim form on 30/12/2024. The CCJ form was dated 03/12/2024. I wasn’t given any opportunity to respond to the claim. On receiving the CCJ form I contacted both the CNBC and DCB Ltd on 31/12/2024 to inform them.

2.      I have entered a formal complaint against the CNBC that the claim form ostensibly dated “03/12/2024” doesn’t seem to have been posted until much later as it arrived on 30/12/2024. I have requested system evidence of the date the claim form was put in the post. This request is pending.

3.      In addition to this I believe there may have been further delays in receiving the claim form due to “Christmas post”.

4.      Furthermore, there are known issues with delays to postal deliveries in the Frome area particularly around Christmas. The following article quotes the Royal Mail explaining that parcels were prioritised over letters during the Christmas period. The local MP, Anne Sabine, has said the issue is “unacceptable” and has had complaints from hundreds of residents who have missed important post such as hospital letters. I have also complained to the MP and await response.

***frome times article can't post links***

5.      I believe it is morally and ethically wrong that UK Parking should invoke legal action without first ensuring I was aware of the debt. I believe they should be asked to provide proof positive that I was aware of the offence and the debt given the impact a CCJ can have on an individual.

6.      There is clear evidence that the claim was not served at the point where the CCJ was entered. The claim form was not served in person, nor was it signed by myself. I will swear under oath to these facts if required. Therefore as a matter of fact and law, the 14 days from the date of actual service had not expired by 30/12/2024.  This means that the time to respond had not started. As per the Denton tests I believe I should get relief from sanctions, as per CPR 13.2. The CCJ must be set aside.

7.      I emailed DCB Ltd on 31/12/2024 to inform them that I have received the claim form after the deadline and asking them to send me the original PCN of which I have never received. I emailed DCB Ltd again on 12/01/2025 to ask them to set aside the CCJ and reinstate the original claim. I have not received any response to either email.

8.      I have responded to this matter as promptly as possible. I received the claim form through the post on 30/12/2024 and I contacted CNBC and DCB Ltd on 31/12/2024.

9.      In Vehicle Control Services Limited v Carr (Ref. CA-2024-001179) heard on 7th May 2024 the following has been noted (EXHIBIT XX-03 – VCSL v CARR (Ref. CA-2024-001179), avoiding Injustice: "However, the purpose of the power under CPR 13.3 is to avoid injustice, and although a lack of “promptness” in applying to set aside is a mandatory consideration, the rule makes it clear that the overriding objective is paramount. It is far from clear that the Circuit Judge approached the matter from that perspective. I find it telling that there is no mention in her of the overriding objective nor of what the justice of the case required."

10. Assessing a Judgment in Default (Denton): "Even in a case of relief from sanctions where the delay is lengthy and there is no excuse for it, the court is required to consider all the circumstances of the case, in order to deal justly with the matter: Denton v White. This court

has confirmed that the approach in Denton applies in the context of setting aside a judgment in default: FXF v English Karate Federation [2023] EWCA Civ 891". No opportunity to defend: "There also appears to have been no specific consideration at the third stage of the fact that in practical terms this defendant has never had an opportunity to advance his valid defence irrespective of whether service was property effected at his former address. That is related to but different from the point that he cannot be blamed for failure to respond to the claim form because he never received it.”

11. Both claims made by the claimant refer to a multitude of additional charges:

a.      Court fee

b.     Legal representative’s costs

c.      "Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgment or sooner payment."  

12. This course of action from the claimant has 3 considerable impacts:

a.      Double intimidation 

b.     Unnecessary duplicated costs exposure 

c.      A deliberate duplication of court time. 

13. The Consumer Rights Act 2015 Section 71 states that fairness in contracts can be brought up in court even if it has not previously been mentioned during proceedings, and that issuing yet another claim with identical particulars is unfair and a breach of court protocol as determined in Henderson v Henderson.

14. Considering all of the above, I was unable to defend myself against this claim. I believe the default judgement against me was issued incorrectly and thus should be set aside, the claim struck out, and I ask the court to kindly consider the reimbursement of the fee of £303 from the claimant should this request be successful.

15. I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Le_Kirk

You write about receipt of the CCJ claim form; do you mean the N1SDT claim form? Did you not receive any PCNs or letters before/of claim? Was you V5C up to date with current address?

Coupon-mad

It's not a "CCJ form".  It is a Claim Form.

Para 1 needs to point out dates (do a bullet point chronology) including when the C 'requested judgment' - the CCJ date - and state that this was improper, because that was a date before the Claim Form was in fact served. The judgment must be set aside, per CPR 13.2 or CPR 13.3.

What have you put in the first box in the N244 about the Order you are seeking and why?

Foresthare

Le_Kirk said:

You write about receipt of the CCJ claim form; do you mean the N1SDT claim form? Did you not receive any PCNs or letters before/of claim? Was you V5C up to date with current address?

Correct I did not receive any pcns or letters prior to the claim. No issues with the address other than some known postal delays. Thanks i'll change to n1sdt.