Multiple CCJs from PCNs I was unaware about. URGENT, PLEASE HELP!

TubDecaf4

Coupon-mad said:

TubDecaf4 said:

ChirpyChicken said:

No why would you. They are bound to say that

Do I need to do anything here or be worried? I didn’t really see anything similar in other threads. How likely is it for the judge to dismiss my set aside application?

No worries.

This is your hearing for your application and DCB Legal always send that. To find cases like it, search the forum for some unusual words or specific phrase from it.

No doubt they've attached the usual Draft Order trying to wriggle out of your costs.

Seen dozens of times this year. You will find lots of examples if you search cleverly. I mean look, here's one from just last week, exactly the same; they've now had their CCJ hearing and got costs:

https://forums.moneysavingexpert.com/discussion/6583865/ccj-from-dcb-legal-for-parking-in-own-space/p5

I opened one CCJ form issued 26/11/2024 which is amounted for £495, and then I opened another one which was issued on 04/04/2025 and that’s amounted for £1210!!! 

Remind us, do you have two applications in and one of them (the big one) was to Stay the Writ? And the smaller one is to set aside the CCJ? Did DCB Legal reply to both?

The only things to do are:


1. Prepare for the hearing well, using VCS v Carr (Court of Appeal) as the binding case law that says the CCJ must be set aside AND the claim struck out for want of service within 4 months AND you get all your costs, as the case was never allocated to track. Assume your judge will NOT know about VCS v Carr and that the Judge might start by saying "this'll be quick: good news the Claimant has agreed to your set aside." Your answer: "NO. Not quick, their Draft Order is not OK judge...." then adduce VCS v Carr & explain what should happen: see above!


2. This please, in the next 2 weeks:

FIGHTBACK ALERT:

Please do the government's Public Consultation. We need every poster to complete this vital survey before the deadline.

See this thread:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-now-extended-closes-friday-26th-september/p1

We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law. 

I've written some guidance to help focus new posters on the issues. I've covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

Ordinary people like you are falling victim to this scam 15 million times per annum. Motorists need your voice added please.

CLOSES ON FRIDAY 26th SEPTEMBER.

Good afternoon, I just had my court hearing. The judge asked me to speak with my defense. I explained the situation and she asked me if I had another case I’d like to refer to. I did bring up VCS vs Carr and the relevant points.

The claimant solicitor did the same but referred to the fact that my claim was served at my last known address, that she was waiting on evidence from Total Parking Solutions that there were parking signs at the university parking lot. They also made the point that my defence wouldn’t be strong enough and mentioned another binding case that I can’t exactly remember.

in the end, the judge instructed me that the stay the writ order has been awarded but the set aside hasn’t as I need to provide a draft order and witness statement to be emailed to them and the claimant for another hearing within 5 weeks. The judge says I need evidence to showcase that I was not served the claim and cj properly at my last known address.

I’ll admit, I did not write up a draft order and witness statement before, I didn’t understand them from other threads to be honest. The court process is very confusing to me but that’s my fault for not taking this more seriously. My fear is that the solicitor has MUCH more information on my self to argue against. I’m also already in the process of writing a new draft order.

Has this hurt my case? Can you offer any advise?

Coupon-mad

Sounds OK.

The other case was ParkingEye v Beavis but your signs are not the same as that case.

You just need to do a WS explaining how come the claim was not received and that after 4 months it expired unserved. Case law for that is a long list starting with VCS v Carr.

And attach proof of your address change (updated driving licence? Bank statement or utility bill) and attach a screenshot of a free online Experian or similar credit report proving you were 'there to be found' had TPS done the mandatory soft trace required by the Code of Practice.

As you have two large value cases, if you want help, you could contact David at Small Claims Advisor and see if he is able to draft these for you:

https://smallclaimsadvisor.co.uk/contact-us

Or use Contestor Legal. Google them.

If not, just search the forum for

CCJ DRAFT ORDER 4 MONTHS

TubDecaf4

Coupon-mad said:

Sounds OK.

The other case was ParkingEye v Beavis but your signs are not the same as that case.

You just need to do a WS explaining how come the claim was not received and that after 4 months it expired unserved. Case law for that is a long list starting with VCS v Carr.

And attach proof of your address change (updated driving licence? Bank statement or utility bill) and attach a screenshot of a free online Experian or similar credit report proving you were 'there to be found' had TPS done the mandatory soft trace required by the Code of Practice.

As you have two large value cases, if you want help, you could contact David at Small Claims Advisor and see if he is able to draft these for you:

https://smallclaimsadvisor.co.uk/contact-us

Or use Contestor Legal. Google them.

If not, just search the forum for

CCJ DRAFT ORDER 4 MONTHS

·       Hi, just an update. I’ve been automatically given a court hearing date (virtual, can I change this to in person) in January. I’ve just prepared my witness statement, is there anything I should add, retract or edit? Your help would be great please.

1 WITNESS STATEMENT OF DEFENDANT

1.1        I am xxx, and I am the Defendant in this matter. 

1.2        This is my supporting statement to my application dated 21 July 2025 requesting to:

(a)         Set aside the default judgment dated 04 April 2025 (Claim No. xxx) as it was not properly served at my current address.

(b)         Order for the original claim to be dismissed.

(c)         Order for the Claimant to pay the Defendant £14 as reimbursement for the set aside fee, plus the costs for attending the hearing.

 

1.3         As the application is being made promptly, witness statement and evidence that the address used for service was out of date. 

 

2 INTRODUCTION

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

2.2        I understand that the Claimant obtained a Default Judgment against me as the Defendant on 04 April 2025. I am aware that the Claimant is Total Parking Solutions LTD that the assumed claim is in respect of an unpaid Parking Charge Notices from 20/06/2024, 02/07/2024, 07/07/2024, 18/07/2024, 26/07/2024, 31/07/2024, 13/08/2024.

2.3         The claim form was not served at my current address, and I was therefore unaware of the Default County Court Judgment against me until I received a phone call from the current habitants at my old address (xxx) on the 18 July 2025, detailing a visit from a High Court Enforcement Officer employed by DCBL. I received another phone call the following week with news of another visit from a different HCEO finding my whereabouts on the same matter. After both phone calls, pictures of the open letters left behind by the HCEOs were sent to me via What’s App. 

I have provided evidence of the ‘High Court Enforcement Attendance’ letters left behind by the HCEOs [Appendix E  – High Court Enforcement Attendance] received from Direct Collections Bailiffs Ltd, acting on behalf of DCB Legal - the Claimant’s Solicitors. As the open letters contained no details of the said judgment or the alleged offence, I carried out a credit reference check after the first letter to confirm this default judgment was real. After confirming, I immediately filed an N244 Application Notice to to the Milton Keynes Court dated 21 July 2025, before the second HCEO visit. 

2.4        The address on the claim is xxx. I moved to my new address at xxx on in May 2024 during which my bank account (Appendix A), driver’s license (Appendix , DBS Enhanced Certificate (Appendix C) and an employment contract (Appendix D) have been registered to this address. In support of this, I attach all relevant documents to this statement.

2.5    I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address at which I no longer resided. This has led to the claim being incorrectly served to an old address and an irregular judgment.  

2.6       Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered. Given that CPR 6.9 (3) was not met, CPR 13.2 applies and the CCJ must be set aside.

 

3 SEQUENCE OF RECENT EVENTS

3.1        I have responded to this matter as promptly as possible as I filed an N244 Application on 21 July 2025, on the Monday following the visit from a High Court Enforcement Officer on 18 July 2025 which was a Friday. I was not aware of the claim and county court judgement made against me until I received a phone call from the current habitants at my old address (xxx) on the 18 July 2025, detailing a visit from a High Court Enforcement Officer employed by DCBL. I sought and obtained a credit report from a credit reference agency, Clear Score . This is when I confirmed there was actually a default County Court Judgment  (CCJ) against me. 

3.2      On 25 July 2025,  following the second visit from a different HCEO named ‘xxx’, I called xxx as instructed on the High Court Enforcement Attendance open letter. I told him I did not live at that address and instructed him to stop harassing the current tenants at xxx. Xxx refused to do so, claiming that I was lying about my address and he will keep returning. I informed him that I filed an N244 application and he informed me that it was pointless and that the court will not do anything within 6 months and that I might as well pay.

3.3      A court hearing was set and attended for an application to Stay the Writ on the 24th Spetember 2025 at the County Court in Milton Keynes. Due to my lack of lack of expereience in court, I turned up without a witness statement. During the hearing, it concluded with the judge instructing me to return for a new date with a better preparation so the case can be looked into further.

3.8        I believe the Claimant has behaved unreasonably in pursuing a claim against me at an old address despite having multiple opportunities to find my new address. I was therefore denied the opportunity to defend the claim. 

 

4 LEGAL BASIS FOR THE APPLICATION

4.1        Improper Service (CPR 13.2)

4.1.1    The court must set aside the judgment if it was not properly served in accordance with CPR 6.9, which requires that an individual be served at their “usual or last known residence.”

4.1.2    The claim was sent to xxx, an address where the Defendant no longer resided at the time of service. The Defendant moved to his current address at xxx in May 2024, as evidenced by his bank statement (Appendix A), driver’s license (Appendix , DBS Enhanced Certificate (Appendix C) and an employment contract (Appendix D).

4.1.3    The Claimant failed to take reasonable steps to ensure the claim was served at  the Defendant’s current address, as required by CPR 6.9(3) and the International Parking Community (IPC) Code of Practice   (Version 7, November 2019, clause 22.1) which states that

 “…Operators must take reasonable steps to ensure that the motorist’s details are still correct if 12 months have passed from the Parking Event before issuing court proceedings…”.  

4.1.4    This failure mirrors the principles established in VCS Ltd v Carr (CA-2024-001179, Court of Appeal, 4 March 2025), where the court held that claimants must take reasonable steps to ensure service is effective. The court emphasised that serving a claim at an outdated address, without reasonable diligence, renders the judgment void. Initial findings from the Court of Appeal hearing are provided separately for the court’s reference.

4.2        Discretionary Set Aside (CPR 13.3)

4.2.1    On the basis of CPR 13.3:

(1)  In any other case, the court may set aside or vary a judgment entered under Part 12 if – 

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why - 

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

 

5 JUDICIAL PRECEDENT        

5.1        VCS v Carr (CA-2024-001179, Court of Appeal, 04 March 2025)

5.1.1    The Court of Appeal in VCS Ltd v Carr held that claimants must take reasonable steps to ensure service is effective. The court emphasised that serving a claim at an outdated address, without reasonable diligence, renders the judgment void.

5.1.2    The court also highlighted the importance of the overriding objective, which requires the court to consider the justice of the case. The Defendant in this case was unable to defend the claim due to improper service, and the judgment should be set aside to avoid injustice.

5.1.3    A transcript of this case has been included in Appendix D and the video link to the court hearing is below 

https://www.youtube.com/watch?v=FvK6XwAGHcs&ab_channel=RoyalCourtsofJusticeCourt69

 5.2        Civil Enforcement Ltd v Chan (Luton County Court, August 2023)

5.2.1    In CEL v Chan, the court struck out a claim due to the Claimant’s failure to comply with CPR 16.4 and Practice Direction 16.7.5. The court held that the particulars of claim must specify the conduct constituting the breach, which was not done in that case.

5.2.2    Similarly, in this case, the Claimant has failed to provide sufficient details of the alleged breach, rendering the claim defective and liable to be struck out.

5.3        CPMS Ltd v Akande (Manchester County Court, May 2024)

5.3.1    In CPMS v Akande, the court dismissed a parking claim due to the Claimant’s failure to specify the nature of the breach in the particulars of claim. The court held that the Defendant must be able to understand the case against them, which was not possible in that case.

5.3.2    The same applies here. The Claimant has failed to specify the nature of the alleged breach, and the claim should be struck out.

 

6 CONCLUSION

6.1        I was unable to defend this claim. I believe that the Default Judgment against me should be set aside due to improper service, and the claim should be struck out as it is without merit, and fails to comply with the CPR. 

6.2        In VCS v Carr - which is binding 2025 case law from the Court of Appeal - service was held to be invalid and the claim form had expired. Default judgment was rightly set aside and the claim was struck out as expired. (the 4 months service deadline had passed and the courts have no discretion to extend the life of an expired claim).

6.3        In CEL v Chan, the court struck out a claim due to the Claimant’s failure to comply with CPR 16.4 and Practice Direction 16.7.5. The court held that the particulars of claim must specify the conduct constituting the breach, which was not done in that case. Similarly, in CPMS v Akande, the court dismissed a parking claim due to the Claimant’s failure to specify the nature of the breach in the particulars of claim. The court held that the Defendant must be able to understand the case against them, which was not possible in that case.

6.4        The above cases form strong precedent upon which the court can rely to strike out the original claim.

6.5        I truly believe that I have a strong defence to the claim, and should it not be dismissed at the set aside hearing, I should (at the very least) have the opportunity to defend it properly. My application relies upon the 'mandatory set aside' rule in CPR 13.2 (in the alternative, 13.3) in light of the above facts.

6.3        I also ask the Court to order the reimbursement of the N244 fee of £14 as well as all the Defendant's Court attendance and other costs from the Claimant on an indemnity basis. The claim was not allocated to track, so costs are not dependant upon 'unreasonable conduct' and thus there must be costs in the case for the winning party, as also was the case in VCS v Carr.

 

APPENDICES

Appendix A  – Bank Statement

Appendix B– Drivers License

Appendix C – DBS Enhanced Certificate

Appendix D – Employment Contract

Appendix E - High Court Enforcement Attendance Open Letter

 Statement of Truth

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. 

 

Signed ________________

 

Date __________________