Another out of the blue CCJ from DCBL.

gizzy6791

Coupon-mad said:

Yep and you should add that the 4 month deadline to properly serve the claim form has now passed.

@Coupon-mad Does this sound OK?

3.2 Under CPR 7.5 (1) Where the claim form is served within the jurisdiction, the claimant must complete the step required by Rule 7.2 (1) before 12:00 midnight on the calendar day four months after the date of issue of the claim form.

This time has now passed, thus the claim form has expired and is no longer valid.

Coupon-mad

Perfect as long as you wait till after that time!

gizzy6791

Coupon-mad said:

Perfect as long as you wait till after that time!

Thank you! I’ll keep this thread updated. 

gizzy6791

@Coupon-mad

Before I submit the N244 application, I'd like to double check that my draft order is good to go if that's OK? Is the "BETWEEN" DCB Legal or Parkingeye?

Also, when I email everything to CNBC, am I right in thinking I cc DCB Legal into the same email?

DRAFT ORDER

Claim No: XXXXXXX

BETWEEN: 

DCB Legal

-- and -- 

[NAME]

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

IT IS ORDERED THAT:

1. The default judgment dated 16th April 2025 be set aside.

2. The claim is struck out pursuant to the reasons and principles in the binding Court of Appeal judgment in Vehicle Control Services Ltd v Carr [2025] EWCA Civ 713 (11th June 2025) and due to the POC failing to comply with Part 16, pursuant to Civil Enforcement v Chan and CPMS v Akande.

3. The Claimant to pay the Defendants costs of this application of £313 on an indemnity basis.

Thank you!

gizzy6791

@Coupon-mad

Also, in addition to the above, going from the CCJ date, to pass the 4 months expired, that would be 16th Aug, not July? Wouldn't waiting this long look bad to the court?

Or is it from the date of the claim form "Rule 7.2 (1) before 12:00 midnight on the calendar day four months after the date of issue of the claim form."?

(The case was issued on the 21st of March 2025 and the CCJ 16th April 2025.)

I think I'm starting to confuse myself now.   

1505grandad

BETWEEN: 

DCB Legal

-- and -- 

[NAME]

That is not the claimant

gizzy6791

1505grandad said:

BETWEEN: 

DCB Legal

-- and -- 

[NAME]

That is not the claimant

Thanks @1505grandad. I'll change to Parkingeye Ltd.

gizzy6791

@Coupon-mad

I've changed the "BETWEEN" in my DO to Parkingeye Ltd as per above from 1505grandad, ascertained it's more appropriate to email DCB Legal directly with the same information as provided to CNBC rather than CC them, and from the claim date, I should submit after July 21st to be outside of the 4 months expired.

eyecorn1

gizzy6791 said:

@Coupon-mad

Also, in addition to the above, going from the CCJ date, to pass the 4 months expired, that would be 16th Aug, not July? Wouldn't waiting this long look bad to the court?

Or is it from the date of the claim form "Rule 7.2 (1) before 12:00 midnight on the calendar day four months after the date of issue of the claim form."?

(The case was issued on the 21st of March 2025 and the CCJ 16th April 2025.)

I think I'm starting to confuse myself now.   

You're not confusing yourself at all. I understand your dilemma perfectly because I'm in exactly the same situation (Case Issued 03/04/25 and CCJ issued 06/05/25). 

I've read through the CPR text and I believe the 4 months should be calculated from the date of Case Issue (they have 4 months to correctly serve you the claim form). So your 4 month period will elapse 4 months from the 21st of March.

This is my own understanding so take it with a pinch of salt as I'm only a neophyte in this matter, someone like Coupon-mad will be best placed to clarify this point. I found your thread while scouring for information about how to proceed with mine. I am closely following your updates and I've essentially copied a lot of your drafts to create mine.

gizzy6791

eyecorn1 said:

gizzy6791 said:

@Coupon-mad

Also, in addition to the above, going from the CCJ date, to pass the 4 months expired, that would be 16th Aug, not July? Wouldn't waiting this long look bad to the court?

Or is it from the date of the claim form "Rule 7.2 (1) before 12:00 midnight on the calendar day four months after the date of issue of the claim form."?

(The case was issued on the 21st of March 2025 and the CCJ 16th April 2025.)

I think I'm starting to confuse myself now.   

You're not confusing yourself at all. I understand your dilemma perfectly because I'm in exactly the same situation (Case Issued 03/04/25 and CCJ issued 06/05/25). 

I've read through the CPR text and I believe the 4 months should be calculated from the date of Case Issue (they have 4 months to correctly serve you the claim form). So your 4 month period will elapse 4 months from the 21st of March.

This is my own understanding so take it with a pinch of salt as I'm only a neophyte in this matter, someone like Coupon-mad will be best placed to clarify this point. I found your thread while scouring for information about how to proceed with mine. I am closely following your updates and I've essentially copied a lot of your drafts to create mine.

Yes as far as I can see, it is from the date of the claim not the date of the default: 

"Rule 7.2 (1) before 12:00 midnight on the calendar day four months after the date of issue of the claim form."

@Coupon-mad has been absolutely amazing helping out with this!