Unknown CCJ from UK Parking Control

Coupon-mad

Remove this:

"b.   Order for the original claim to set aside"

Everything must match your draft order.

I would append VCS v Carr (have the Court of Appeal hearing Youtube video shown as a link). And add this:

The landmark CCJ set aside Court of Appeal case in VCS v Carr heard in March 2025 is binding authority that under the Overriding Objective, a CCJ must be set aside if a Defendant did not receive it, so that they may defend the case. Mr Carr was also awarded his costs. In that case the claim was not received and Mr Carr spent months trying to resolve the matter before making his application to the courts. In this case, I acted far more promptly (and at all times reasonably) with considerable efforts made trying to sort it out in April. I researched case law thoroughly and had no choice but to make this application in May 2025 which was acting promptly, given all the circumstances. The Claimant has not so much as responded.

Coupon-mad

Hmmm I'm just wondering:

did the Claimants solicitors never respond to you in April? Or at all?

If no, why not add back in your costs: £313 plus the £7-odd(?) to purchase the record from the Registry Trust, plus a day's loss of leave/work/salary to attend court, and hope the judge agrees. You can but ask, and paint this lack of response as wholly unreasonable conduct... the worst that could happen is the judge says no to the costs...

Hotpoint1234

Coupon-mad said:

Hmmm I'm just wondering:

did the Claimants solicitors never respond to you in April? Or at all?

If no, why not add back in your costs: £313 plus the £7-odd(?) to purchase the record from the Registry Trust, plus a day's loss of leave/work/salary to attend court, and hope the judge agrees. You can but ask, and paint this lack of response as wholly unreasonable conduct... the worst that could happen is the judge says no to the costs...

Somewhat ironically, I've just checked my email for today and there is a first response from DCB Legal.

Hotpoint1234

Coupon-mad said:

Hmmm I'm just wondering:

did the Claimants solicitors never respond to you in April? Or at all?

If no, why not add back in your costs: £313 plus the £7-odd(?) to purchase the record from the Registry Trust, plus a day's loss of leave/work/salary to attend court, and hope the judge agrees. You can but ask, and paint this lack of response as wholly unreasonable conduct... the worst that could happen is the judge says no to the costs...

VCS v Carr added to the witness statement.

I've just had my first response today (above), nothing from DCB Legal before that (have double checked). I gave them 3 weeks until the end of April when I emailed them.

I am minded to respond requesting that they join me in getting the CCJ set aside once again and see if they respond positively. Otherwise I think proceeding with the N244 is the best option considering it took them 6 weeks to repond the first time. What are your thoughts @Coupon-mad?

Coupon-mad

Yes do that and prove the complaint you made to Royal Mail.

Give them two weeks to respond with a consent order but make it clear you wish to defend the PCN, so will not sign a version that expects you to make any payment except for the £129(?) fee for an application by consent which you will pursue with the Royal Mail.

This is worth you doing because it's only £129 or thereabouts and avoids a hearing too.

Hotpoint1234

Hi all,

I have had a further response from DCB Legal. I gave them until the end of the month and, like last time, they took their time and then some to respond. 

Here's the response:

WITHOUT PREJUDICE  

Upon review of the evidence provided, our Client would be agreeable to setting the Judgment aside, on the basis that you pay the Judgment debt in full and bear the Court fee for filing the Consent Order.

• Judgment debt - £306.96
• Court fee - £123.00 

We note you state you 'will not sign a version that expects you to make any payment except for the Court fee'. Please note, the Charge was issued as the Vehicle was present on site during the restricted no parking period. The signage on site clearly stipulated, "No parking between the hours of 22:30 and 06:30". Please see attached. As evidenced by the images of the Vehicle located on the attached Notices, the Vehicle remained on site from 20:46 05/04/2022 to 23:00 05/04/2022 during the restricted no parking period. This is a clear breach of the Terms and Conditions of the site. Therefore, it is our Client's position that the Charge was issued correctly and you remain liable for the same.

We propose the attached Consent Order. If you agree to the attached Consent Order and the same is sealed by a Judge, the registration of the Judgment will be removed from your credit file by the Registry Trust and will no longer negatively impact your credit rating. 

Should you be agreeable, please make payment of £429.96 and return a signed copy of the attached Consent Order by no later than 15/07/2025.

Payment can be made over the telephone on 0203 434 0433. Alternatively, our bank details are as follows: -  

• DCB Legal Ltd Client Account  
• Sort Code: xxxxxxxx
• Account no: xxxxxxxxx

 

Please ensure you quote reference xxxxxxxxx when making payment, or we may not be able to correctly allocate the payment. 

  

Upon receipt of payment and a signed copy of the Consent Order, we will countersign the Consent Order and file a copy with the Court. 

Coupon-mad

No deal, IMHO. Unless you want it gone.

I'd get the N244 in this week as this has delayed your application badly.

I'm worried though: you have to 'act promptly' (this is not prompt - I advised you give them an extra week, not six) and you are relying on CPR 13.3 which is NOT a guaranteed set aside scenario.

Up to the Judge because you have a CCJ from UK Parking Control from May 24 and the address against the CCJ is your current address. The grounds to set this CCJ aside are discretionary.

You will not find this easy if you get a surly judge. You'd need a solid defence position as well as explaining the slight delay was caused by them.

Hotpoint1234

Is there a risk that I pay the fine (and therefore accept culpability) so the debt is marked as satisfied on the register and the judge still rejects the set aside? This would be the worst outcome as I will have paid the fine and costs and still have the CCJ. Or if there is a joint consent then is it more of a formality and the judge will wave it through?

Hotpoint1234

My defence would be based on the fact I was eating at TGI Fridays for which this was the car park. I was eating at the restaraunt (presumably with friends) and we left after the car park close time (again presumably after we'd finished eating). This is a fair and reasonable use of the car park and, as there is no alternative parking for the restaraunt, I accidently left the car park 30 mins after the close time because the restaraunt was still open. Therefore any patron of the restaraunt would be fined by UKPC even though the restaraunt was still open through no fault of our own and this would not meet the high bar of legitimate interest and commercial justification

Would this be sufficient?

Coupon-mad

Looks good, plus that you didn't see any parking contract. Was it in hours of darkness? ...unlit signs, etc.

Neither application is guaranteed.