Unknown CCJ from UK Parking Control

Coupon-mad

Go ahead. 

Hotpoint1234

Submitted - lets see where the die fall.

I'd like to thank you for all your help Coupon-mad, it's very much appreciated especially as it's all voluntary

Hotpoint1234

One other question - do I need to notify DCB Legal of the submission and share a copy of the N244 / witness statement / emails to them directly or will the court do that?

Coupon-mad

The court will do that.

Hotpoint1234

Hi all,

My hearing is set for 15 mins in early November and I have just received the attached proposed Consent Order from DCB Legal proposing the judgement be set aside and requiring me to submit a defence to the claim within 14 days (which was what I proposed to them in my original communications):

I read this as a good thing that I should be prepared to accept but wanted to run by the wizards on this forum to get any advice as to if I should or should not accept it.

I read this as the original CCJ that I was not aware of now being set aside (assuming the judge grants the order) and being removed from the Trust Registry. What I am not clear on is whether the Claimant has to submit a new claim to the courts or whether I have to submit my defence against the old claim within 14 days of the judge granting the order (which I assume is the date I go to court?) without the claimant having to file a new claim.

Coupon-mad

Why would you wave byebye to your £313 fee? Assuming the claim went to an old address, you will be using VCS v Carr and pointing to the fault of the Claimant to serve the claim which is past 4 months ago and is expired.

And you want the judge to award your costs as per Carr, and to strike out the claim entirely (read about MAZUR - new case law). You need to file & serve a skeleton argument citing VCS v Carr and the Mazur case too.

Kill it off. Get all your costs back! 

Hotpoint1234

Hi Coupon-mad

The claim was against my current address but I never received it so I submitted an N244 under CPR13.3. Here's the excerpt from the N244 form on the previous page:

DEFAULT JUDGMENT 

3.         I was the registered keeper of the vehicle at the time of the alleged event. 

4.         I understand that the Claimant obtained a Default Judgment against me as the Defendant on XX May 2024. I am aware that the Claimant is UK Parking Control Limited and that the assumed claim is in respect of an unpaid Parking Charge Notice from XX 2022. 

5. I have never received any court documentation making me aware of proceedings or a notification that a County Court Judgment has been made against me to my current address. 

6. The claim form was not served to me, and I was therefore unaware of the Default County Court Judgment against me until I looked at my Experian credit report for the first time on XX 2025. 

7. The particulars of the claim involved the legitimate usage of the car park in question to visit a restaurant and that the issuing of a PCN did not meet the legal high bar of legitimate interest and commercial justification set by the Supreme Court. 

8. CPR 13.3 applies in this instance, in particular CPR 13.3 (1) (a) that the Defendant has a real prospect of successfully defending the claim. The Defendant must be allowed to defend the claim in court given its unreasonable nature and the very strong chances of success the defence can present in mitigation of the claim. The defence includes legitimate and reasonable usage of the car park with permission to use the car park for the restaurant on the part of the Defendant, poor signage, poor lighting after dark, and unreasonable conditions on the part of the Claimant for usage of the car park. 

I have a court date in early November and will be asking the judge to set aside the CCJ on the basis that I never had the opportunity to respond and have a strong case for defence. DCB Legal sent the above consent order to have the CCJ set aside at the hearing which seems to me to be a good thing. Just wanted to check that I should sign it? I'm happy to absorb the court cost here as it seems fair but I would like my chance to present a defence and getting this joint consent order will sure make it easier to get the original CCJ set aside?

Coupon-mad

Oh - I hopped to page one and you were saying in a WS that you'd moved, and it looked like the claim didn't go to your right address?

Hotpoint1234

That was my initial suspicion when I noticed the CCJ but i've subsequently contacted the CNBC and they confirmed it was sent to my current address

Coupon-mad

OK but they let you spend £313 on this application and are only NOW consenting... did you email them to give them time to consent first, as the NEWBIES thread advises to do?

If you did, then this very late consent order means they owe you the difference in fee costs. They have cost you money.

@Johnersh has posted about this before I think.

AND the claim form will have been signed by an unauthorised person so the claim cannot stand unless they get permission to re-serve it signed by a solicitor.  See the Mazur thread!