Another out of the blue CCJ from DCBL.

gizzy6791

Just received an out of the blue CCJ letter from DCBL without any prior contact or letters. Checked credit file and indeed there is now a CCJ...

Read through the newbies thread, and hopefully have started this the right way...

Contacted CNBC yesterday at 8:30am on the dot and managed to get straight through. I was told it is regarding a parking charge from Parkingeye Ltd from May 24 and the solicitor was DCB Legal.

Strangely, when CNBC emailed the Particulars of Claim, it showed "Claimant solicitor: B LEGAL LTD", but checking the phone number next to that, it is DCB Legal, so either someone made a typing error, or DCB Legal are trying to be sneaky so people can't find their info to even contact them.

They also told me the claim form had been sent to my previous address, yet I moved in November and updated all my details and v5 to my new address.

The case was March 25 and the letter from DCBL was received 9 June 25, dated 2 June 25 so I am way outside the 30 day pay window to remove the CCJ.

Funny how DCBL found my new address to send this letter and request money, but never found it when they needed to send the court claim form.

Also quite convenient that the letter took 2 months to arrive putting me out of the 30 day window.

Used the letter from troublemaker22 in this thread and emailed that to DCB Legal and cc DCBL yesterday, not holding my breath, or any hope that they'll even reply.

Reading through the rest of the threads and starting to prepare for the N244 application to set aside the CCJ.

Anyone let me know if this is right and is there anything else I should be doing?

Thanks.

Coupon-mad

Nope you are on it!

Did you see today's thread with the VCS v Carr links you will need when you put your application in?

gizzy6791

Coupon-mad said:

Nope you are on it!

Did you see today's thread with the VCS v Carr links you will need when you put your application in?

Just seen, thanks @Coupon-mad !

gizzy6791

I've started working on the next steps needed to submit the N244 while waiting for a response from the email to DCB legal/DCBL, and as far as I can see, I will need submit a Witness Statement, Draft Defence and any supporting evidence?

In BOX 3 of N244:
An order that the judgement in default is set aside pursuant to CPR 13.2, alternatively 13.3, and the defendant be allowed to file a defence in the case. The defendant only discovered the judgment on [DATE], having received a letter from the Claimant, and subsequently checked their credit file.

In BOX 10 of N244:
Witness statement, draft defence, supporting evidence.



What I have so far:

----------------------------------------------

WITNESS STATEMENT OF [FULL NAME]

I, [FULL NAME] of [CURRENT ADDRESS] am the defendant in this matter. This is my supporting statement to my application dated [DATE] requesting to:

a. Set aside the default judgment dated [DATE] 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 [CURRENT N244 FEE] as reimbursement for the set aside fee.

DEFAULT JUDGMENT

1.1. I was the registered keeper of the vehicle at the time of the alleged offence.

1.2. I understand that the Claimant obtained a Default Judgement against me as the Defendant on [DEFAULT DATE]. I am aware that the Claimant is [CLAIMANT NAME], and that the assumed claim is in respect of unpaid Parking Charge Notices from [PCN DATE] at [PCN LOCATION]. I contest this charge for the reasons outlined in the attached draft defence.

1.3. The claim form was not served at my current address and therefore I was not aware of the Default Judgement until receiving a letter on [DATE] from the Claimant.

The address on the Particulars of claim is [OLD ADDRESS]. I moved to my current address at [CURRENT ADDRESS] on the [DATE]. In support of this I can provide [ANY DATED EVIDENCE].

1.4. In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

1.4.1. I only learnt of the existence of this claim on [DATE], having received a letter from the Claimant, and subsequently checked my credit file.

1.4.2. On [DATE] I contacted the County Court Business Centre to obtain relevant information relating to this default judgement.

1.4.3. On [DATE] I made a written request via email to the Claimant / Solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 1.3. 

1.4.4. [RESULT OF THE EMAIL/RESPONSE]

1.4.5. On [DATE] I have wilfully submitted my case in order to set-aside this judgement and fairly present my case.

1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim.

1.6. On that basis, I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address that the Defendant no longer resides. The claimant did not take reasonable steps to ascertain the address of my current residence despite having over 10 months to establish an address. This has led to the claim being incorrectly served to an old address and an irregular judgement.

1.7. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

In support of this submission, I refer to the case of Phillip Carr v Vehicle Control Services LTD ('VCS') [2025] EWCA Civ 713.

In Phillip Carr v Vehicle Control Services LTD ('VCS') [2025] EWCA Civ 713, the Court of Appeal allowed the defendant’s appeal, finding that service at the wrong address was ineffective despite receipt of tenancy details, and consequently set aside the County Court’s order for repayment of VCS’s costs.

Furthermore, Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses."

The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.” Furtherance to points raised in 1.3 above.

1.8. Considering the above, I was unable to defend this claim and therefore believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of [CURRENT N244 FEE] from the Claimant should this request be successful.

Statement of Truth;

I, [FULL NAME], the Defendant, believe the facts stated within this Witness Statement to be true.

Signed:

Dated:

----------------------------------------------------------------------

Does this look OK? Also, when referencing the Claimant, do I reference DCB Legal, DCBL or Parkingeye Ltd? 

Thanks all!

Coupon-mad

The word 'wilfully' doesn't mean what that sentence says! We can tell you have read a really old one.

Instead read the example that I link in the NEWBIES thread section about setting aside a CCJ. 

gizzy6791

@Coupon-mad I based it off this one: https://forums.moneysavingexpert.com/discussion/comment/77131023/#Comment_77131023

Is this the correct one? Thanks!

gizzy6791

@Coupon-mad I'd actually missed that...

“On [DATE], I willingly submitted my case to set aside this judgment and to fairly present my arguments.”

Is probably more apt.

gizzy6791

Infact, it would probably suffice to just be:

"On [DATE] I submitted my case in order to set-aside this judgement and fairly present my case."

gizzy6791

Some more progress, hopefully going in the right direction...


---------------------------------------------------------

WITNESS STATEMENT OF [FULL NAME]

I, [FULL NAME] of [CURRENT ADDRESS] and I am the defendant in this matter. This is my supporting statement to my application dated [DATE] requesting to:

a. Set aside the default judgment dated [DATE] 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 [CURRENT N244 FEE] as reimbursement for the set aside fee.

SET ASIDE DEFAULT JUDGMENT

1. I was the registered keeper of the vehicle at the time of the alleged offence.

2. I understand that the Claimant obtained a Default Judgement against me as the Defendant on [DEFAULT DATE]. I am aware that the Claimant is [CLAIMANT], and that the assumed claim is in respect of unpaid Parking Charge Notices from [PCN DATE]. I contest this charge for the reasons outlined in the attached draft defence.

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 letter from Direct Collection Bailiffs ('DCBL') Ltd dated [DATE] to my current address. 

Upon checking with the Civil National Business Centre (CNBC), it was found that the address on the Particulars of Claim is [OLD ADDRESS]. I moved to my current address at [CURRENT ADDRESS] on the [DATE]. In support of this I provide [DATED EVIDENCE]

4. In addition to the above, it should be highlighted that the integrity and law-abiding intention of the Defendant should be taken into consideration on the basis that;

5. I have not received any correspondence or notice regarding this matter until I became aware as per paragraph 3 above.  

6. On [DATE] I contacted the County Court Business Centre to obtain relevant information relating to this default judgement.

7. On [DATE] I made a written request via email to the Claimant/Solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 3. 

8. [ADD RESULT OF THE EMAIL/RESPONSE/NO RESPONSE]

9. On [DATE] I submitted my case in order to set-aside this judgement and fairly present my case.

10. 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. The claimant did not take reasonable steps to ascertain the address of my current residence, despite having months to establish a valid address. This has led to the claim being incorrectly served to an old address and an irregular judgment.  

11. 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.

12. Under Clause 24.1 C of the BPA Approved Operator Scheme Code of Practice Version 8 (January 2020), “Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct.” The Claimant failed to take reasonable endeavours to ascertain my correct current address prior to issuing proceedings and is therefore in breach of the Code of Practice. 

13. The Defendant was 'there to be found' for the sake of a 29 pence bulk Experian trace or similar very inexpensive and immediate credit reference agency address check. I would then have been notified of this judgment and could have taken action to prevent it. 

14. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

15. There is a wealth of case law making reference to the failures of parking companies to correctly ascertain the addresses of defendants. Of note:  

16. Phillip Carr v Vehicle Control Services LTD ('VCS') [2025] EWCA Civ 713 (Jun 11, 2025)

In Phillip Carr v Vehicle Control Services LTD ('VCS') [2025] EWCA Civ 713, the Court of Appeal allowed the defendant’s appeal, finding that service at the wrong address was ineffective despite receipt of tenancy details, and consequently set aside the County Court’s order for repayment of VCS’s costs.

17. In Collier v Williams [2006] 1 WLR 1945 (CA) LJ Dyson said - "What state of mind in the server is connoted by the words "last known"? … As we have said, there is an important distinction between belief and knowledge. It is a distinction particularly well understood in the criminal law, but elsewhere too. The draftsman of the rules deliberately chose the word "known". In our view, knowledge in this context refers to the serving party's actual knowledge or what might be called his constructive knowledge, i.e. knowledge which he could have acquired exercising reasonable diligence. We arrive at this conclusion on the basis of what we understand the words to mean. We do not believe that there are any policy reasons which require us to give the words a strained or unusual meaning. The risk of satellite litigation is inherent in whatever interpretation is adopted. It is true that a defendant who has not in fact received the claim form should have no difficulty in setting aside a default judgment. But it is not desirable that defendants should be put to the trouble and expense of making applications to set aside default judgments."  

18. The same sentiment was echoed by:   

  

19. HHJ Behrens in Broadside Colours And Chemicals Ltd, Re (No 2) [2012] EWHC 195 (Ch) (20 February 2012)  

  

In Broadside Colours And Chemicals Ltd, Re (No 2) [2012] EWHC 195 (Ch) (20 February 2012) it would appear that obtaining the information from a source that an individual is required by law to keep updated is adequate knowledge. However, i would submit that it is incumbent to have recent knowledge and not outdated knowledge as HHJ Hacon put it in MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor [2014] EWHC 431 (IPEC) (28 February 2014)   

22. As it was put in Dubai Financial Group Llc v National Private Air Transport Services Company (National Air Services) Ltd [2016] EWCA Civ 71 (09 February 2016) by LJ McCombe  

  

“If a defendant has never become under a valid obligation to acknowledge service, either as specified under the rules or by order of the court, I do not see how it can be that a judgment can be entered against him in default of such acknowledgment. He is simply not in default at all."  

23. Furthermore, Prime Minister May publicly pledged to investigate ‘abuse’ of the CCJ System and so called ‘Credit Clamping’ as reported in the Daily Mail article dated 12 September 2016. The Right Honourable Sir Oliver Heald on 23 December 2016 "announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses."

The Minister added "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments. That in the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.” Furtherance to points raised in 3 above.

24. Considering the above, I was unable to defend this claim and therefore believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of [CURRENT N244 FEE] from the Claimant should this request be successful.

Statement of Truth;

I, [FULL NAME], the Defendant, 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:

Dated:

---------------------------------------------------------

DRAFT ORDER

CLAIM No: [1234567890]

BETWEEN: 

[CLAIMANT] 

-- and -- 

[DEFENDANT]

UPON reading the Defendant's application dated [DATE] and the annexed witness statement dated [DATE].

IT IS ORDERED THAT:

1. The default judgment dated [DATE] be set aside. 

2. The claim struck out due to the claim form having not been served to the correct address.

3. The Claimant to pay the Defendants costs of this application of [CURRENT N244 FEE] on an indemnity basis.

Coupon-mad

gizzy6791 said:

@Coupon-mad I based it off this one: https://forums.moneysavingexpert.com/discussion/comment/77131023/#Comment_77131023

Is this the correct one? Thanks! 

No that is five years old, has an out of date statement of truth and isn't the one that I specifically mention in the NEWBIES thread.

gizzy6791

@Coupon-mad Thanks. Based the latest incarnation off @Zbubuman version from the NEWBIES thread.