Another out of the blue CCJ from DCBL.

Coupon-mad

I'd ignore them now but:

1.  read this new case which could be added:

https://forums.moneysavingexpert.com/discussion/6629609/unqualified-staff-at-a-law-firm-are-not-allowed-to-conduct-litigation/p1

and

2.  please please do this if you haven't finished it yet. Takes a couple of hours but worth it:

FIGHTBACK ALERT:

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

See this thread:

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

gizzy6791

@Coupon-mad Just received a response from DCB Legal stating they believe they have acted correctly etc...and that they will not be attending the hearing.

I have also just noticed a typo in my Witness Statement though!!!  

"2. The address on the claim is OLD ADDRESS. I moved to my current address at NEW ADDRESS on DATE 2025. In support of this, I attach EXHIBIT-A showing the date when I ended the tenancy at my previous address, and EXHIBIT-B, EXHIBIT-C and EXHIBIT-D showing when I updated my address with various companies. "

I obviously pressed 5 instead of 4 accidentally and haven't noticed until now. I clearly meant 2024 and all of the supporting Exhibits are dated 2024.

The date would be in the future so I couldn't possibly have left my previous address on that date as it hasn't even happended yet.

Is there anything I can do about this now as the hearing is imminent?   

Coupon-mad

It's fine. Just a typo.

Did you add the Mazur case or will take a couple of hard copies to the hearing? Sarah Ensall (who until this month, signed all DCB Legal claim forms) isn't a solicitor and Mazur shows she cannot legally conduct litigation even under supervision.

But mainly be VERY familiar with VCS v Carr and able to explain it to a judge to get the whole claim dismissed (the '4 months expired' argument was used in Carr and the Court of Appeal agreed) .

Assume the judge will never have come across this new case law before. Assume this is a rookie local solicitor and tell them about Mazur and Carr.

Ask for ALL your costs at the end and the claim dismissed, pointing out this is what happened in VCS v Carr, and that in the May 2025 final hearing the Court of Appeal Judges said 'a DVLA address is only a starting point'.

You may have to be insistent because some judges have always blamed consumers for not updating their V5C, which is the wrong stance for the court, given:

(a) changing a logbook address after a PCN (during pre-action phase) merely updates the DVLA and doesn't alert a PPC, as they can't ask the DVLA twice;

(b) this well-known issue with DVLA addresses being unreliable is why the industry CoP requires a mandatory soft trace before litigation. And under the CPRs claimants MUST take steps to ascertain the right address if there is 'reason to believe' the person may have moved. Silence to debt demand letters is 'reason to believe' and they should have found your address before suing and reissued the PCN (the Code requires it).

gizzy6791

Again, thanks so much @Coupon-mad.

Should I print a short letter outlining the typo to give to the Judge or just ignore?

Not seeing any mention of Sarah Ensall in any documents from DCB Legal or correspondence...

I have a little crib sheet to print and take with me:

Main Grounds for Application

• Judgment should be set aside under CPR 13.2 – judgment was wrongly entered because service was defective (address used was no longer valid).
• Claim served to old address despite having moved to new one.
• Claimant failed in duty to verify correct address before issuing proceedings.

Key Legal Points

CPR 6.9(3) – Service of Claim

If claimant knows or should know the address used is incorrect, they must take reasonable steps to find the correct address before serving.

Application: Claimant didn’t check for a new address, breaching CPR 6.9(3). Judgment is invalid due to improper service.

---

CPR 7.5(1) – Expiry of Claim Form

Claim form must be served within 4 months of issue.

Application: Since service was invalid, the claim expired. It cannot now be validly served or revived.

---

CPR 13.2 – Mandatory Set Aside

Court must set aside default judgment if wrongly entered (e.g., wrong service address).

Application: Improper service = wrongly entered judgment = mandatory set aside.

---

BPA Code of Practice (Clause 24.1C)

Operators must take reasonable steps to check a person’s correct address before issuing proceedings.

Application: Claimant didn’t check properly—breach of Code and supports the application.

Not updating your V5C promptly? Disagree politely and say:

"That wouldn't have made any difference because parking firms cannot apply to the DVLA twice."

(a) Changing a logbook address after a PCN (during pre-action phase) merely updates the DVLA and doesn't alert a PPC, as they can't ask the DVLA twice;

(b) This well-known issue with DVLA addresses being unreliable is why the industry CoP requires a mandatory soft trace before litigation. Under the CPRs, claimants MUST take steps to ascertain the right address if there is 'reason to believe' the person may have moved. Silence to debt demand letters is 'reason to believe' and they should have found your address before suing and reissued the PCN (the Code requires it).

The binding Court of Appeal authority in VCS v Carr (public judgment on 4th March) confirms that the DVLA address is not a sufficient check—it’s just the starting point.

Further, as the claim form is un-served, it is out of time and cannot be resurrected, so the Claim must be dismissed, the CCJ set aside, and ALL my costs awarded, as happened in VCS v Carr. In the May 2025 final hearing, the Court of Appeal Judges said, "a DVLA address is only a starting point."

Reliefs Sought

1. Set aside default judgment under CPR 13.2 (or 13.3 if needed).
2. Strike out the claim under CPR 3.4 due to:
   • Bad service
   • Poor POC
   • Expired claim form
3. Costs to be paid by the Claimant.

VCS v Carr Summary

• VCS (the claimant) brought a claim for alleged parking contraventions, issuing a claim form and serving it at a DVLA-provided address (which was not where Mr Carr was living at the time).
• Carr had moved and contended that VCS knew or should have known his DVLA address was out of date.
• A default judgment was entered against him for failure to respond.
• Years later, Carr applied to set aside the default judgment and have the claim struck out, on grounds of defective service and expiry.

These same circumstances apply to me; Claim Form served to an incorrect address, causing improper service and later expiring under the 4 month rule. As the Court of Appeal ruled in Carrs’ favour due to this, and the case being a binding authority, the same should be applied here.

Coupon-mad

Not seeing any mention of Sarah Ensall in any documents from DCB Legal or correspondence.

Of course not. She signed the Claim Form!

gizzy6791

Coupon-mad said:

Not seeing any mention of Sarah Ensall in any documents from DCB Legal or correspondence.

Of course not. She signed the Claim Form!

Sorry, my confusion. Makes sense now I've read the thread!

gizzy6791

gizzy6791 said:

Should I print a short letter outlining the typo to give to the Judge or just ignore?

@Coupon-mad would this be any use?

Coupon-mad

No. Leave that.

gizzy6791

@Coupon-mad So I had my hearing, didn't go exactly to plan.

The Judge agreed to the set aside, but then said the claim would revert to it's original status and I will need to defend at trial.

But the claim has expired?

Also, aren't local courts supposed to follow a binding authority (vcs v carr)?

It actually seems like the Judge didn't really read the WS and just made up their own rules. They also asked where I got all of the information in my WS...

Not sure how to proceed from here and any help will be much appreciated!

Car1980

Set asides are a 5 minute rubber stamping exercise in many cases.

You can argue the 4 month expiry in your defence. It might not even go to the same judge.