DCB | Euro Car Parks

Nimastig

Hello, and thank you in advance for taking the time to help me.

I have two related (yet slightly different) problems involving the same private parking company. To give you some background: I used to park regularly at a private car park near the town centre in Reading. The car park does not have ANPR cameras, but occasionally someone would turn up, take pictures of cars, and issue Parking Charge Notices (PCNs) later.

Over time, I received several of these PCNs. I usually appealed them through the operator (unsuccessfully, of course), and then submitted appeals to POPLA, where I was successful every single time, so they were cancelled.

Unfortunately, I forgot to appeal three of the tickets. I assumed (naively) that the parking company would not pursue them further, especially since I had consistently won through POPLA. However, they did pursue them, and now I am dealing with two issues:

1. County Court Judgment (CCJ) – Default Judgment Already Issued

I received a CCJ dated 23 June for £290. I thought I had 28 days to respond, but I misunderstood the process and did not file an Acknowledgement of Service (AOS) in time. As a result, a default judgment was issued.

I now understand that I have two options:

• Pay the full amount before 23 July to have the CCJ marked as "satisfied" and have it not affect my credit score etc., or

• Apply to have the judgment set aside.

The issue is, I did not move address, so I received the claim paperwork, meaning I cannot rely on the “did not receive the claim” argument. However, I have read (including on ChatGPT) that being under pressure due to work or having other personal challenges might be accepted as valid reasons under CPR 13.3 to apply for a set aside.

I started a new job just 6 weeks ago and have been under a lot of pressure adjusting, which is part of the reason I did not respond in time. I have never dealt with anything like this before, having come to the UK at 17 and never faced a legal claim before.

Is this reason valid enough to apply for a set aside? Or am I better off just paying the £290 and moving on?

2. New Claim Just Received – Higher Amount

Just this week, I received another County Court claim form from the same company, this time demanding £471 for two further tickets. Now that I know the process, I plan to submit an Acknowledgement of Service to buy more time (28 days) to file a proper defence.

Any tips on the best course of action here would be appreciated, especially considering the circumstances and the fact that POPLA previously ruled in my favour.

Please see below a successful POPLA appeal I submitted (if it is helpful context for how I usually defend these tickets).

Thank you again—I really appreciate any guidance from this community.

Gr1pr

Frankly, I cannot see you getting the £313 back even if you managed to get the first one set aside,  so paying DCB Legal in full seems to be the best option 

For the second one,  get your AOS online on MCOL done this weekend,  after logging into the government gateway 

Then use the template defence,  same as all the other recent ECP DCB Legal cases,  drafting your few paragraphs that need changing 

Car1980

Surely you're best paying £313 considering it's barely more than their claim? 

You're being harassed by this company and being overwhelmed with claims and Popla appeals, so I'd even say you've got a chance of getting your £313 back due to their unreasonableness. Your Popla evidence is very useful.

You'd also undermine the new claim by paying the previous one.

You just have to be prepared to explain the whole absurd situation at the set aside hearing.

Nimastig

Thanks both of you—really helpful responses, and sorry for the delayed reply; I had some issues logging into my account.

My main concern with the first CCJ is the potential impact on my credit file. I am just starting out in life and planning to apply for a mortgage in the near future, so keeping my record clean is really important to me. If I do not have a realistic chance of winning a set aside for the first CCJ, I would rather just pay it within the 30-day window to keep it off my credit record entirely.

That said, may I ask why you believe I would not be able to recover the £313 if the set aside were granted and I went on to successfully defend the claim? Based on what I mentioned earlier (e.g. starting a new job recently, being under pressure, not having dealt with this sort of legal process before), do you think I have a strong enough reason for a set aside to be considered?

I did receive the claim paperwork at my current address, so I understand that makes it more difficult, but is it still possible to apply for a set aside and defend the claim, based on the circumstances? Or would it be wiser to pay this one now to reduce risk, and instead focus on defending the second claim, possibly raising the overall pattern of behaviour by the parking company when that goes to court?

I will definitely defend the second claim, I still have time, and I will follow the advice given.

This whole situation has been really stressful. Part of me just wants to pay and move on (even if it means losing a lot of money), but another part of me feels strongly that I should fight this to the end. It feels wrong to reward a company that has been so aggressive and unreasonable in how they pursue people.

On a side note, in all my POPLA appeals, I have always stated that I am the registered keeper, with no mention of the driver. I assume I should take the same approach in my defence for the second claim (and potentially the first one too), correct? (although technically I was the driver)

Thanks again, I really appreciate the support and guidance.

Gr1pr

You can't expect us to know how a judge might rule on the set aside,  it's a gamble,  judge bingo,  no guarantee of obtaining the set aside and the £313 is dead money unless the CCJ hearing judge grants the costs to you, or defers the costs to the second hearing about the case, you would try to get reimbursement at the second hearing,  but may fail to get them, even if you won

Paying the legal company within the 30 days grace period means that they notify the CNBC and the file is expunged , gane over 

So its all unknowns, with more money at risk, so you could end up paying the £313, not getting a set aside and still owing the CCJ as well,  twice as much in the worst case scenario of paying both 

Definitely defend the in date claim as detailed in the newbies sticky thread in announcements near the top of the forum and the defence template thread too

Everyone says its stressful but it's the way it is, warts and all, until the Mps, government,  Mhclg and the justice system change for the better, nobody is saying that it's simple or easy,  or fair or anything 

Many volunteers are trying to change and improve it, but that future wont affect your case,  sorry to be blunt,  but you have to deal with whats in front of you , warts and all,  otherwise you will be a lot worse off

Good luck

Nimastig

Gr1pr said:

You can't expect us to know how a judge might rule on the set aside,  it's a gamble,  judge bingo,  no guarantee of obtaining the set aside and the £313 is dead money unless the CCJ hearing judge grants the costs to you, or defers the costs to the second hearing about the case, you would try to get reimbursement at the second hearing,  but may fail to get them, even if you won

Paying the legal company within the 30 days grace period means that they notify the CNBC and the file is expunged , gane over 

So its all unknowns, with more money at risk, so you could end up paying the £313, not getting a set aside and still owing the CCJ as well,  twice as much in the worst case scenario of paying both 

Definitely defend the in date claim as detailed in the newbies sticky thread in announcements near the top of the forum and the defence template thread too

Everyone says its stressful but it's the way it is, warts and all, until the Mps, government,  Mhclg and the justice system change for the better, nobody is saying that it's simple or easy,  or fair or anything 

Many volunteers are trying to change and improve it, but that future wont affect your case,  sorry to be blunt,  but you have to deal with whats in front of you , warts and all,  otherwise you will be a lot worse off

Good luck

Thank you so much - I truly appreciate your help!

I did not expect you to have a definite answer; I was simply asking whether this situation has occurred before, to gauge how much I could rely on that potential outcome. Your response addressed that perfectly. I have now paid the first one, as there was little I could do, and I felt it was best to protect my credit.

As for the second one, I have submitted my AOS and now have (at least) until 24 July to prepare my defence. Please find my draft defence points below (the remainder follows the standard template). I have tried to incorporate the POPLA reasoning mentioned above in my first post; although I was driving, I consistently identified myself as the registered keeper in ECP and POPLA appeals (if that's something I need to change in the below?)

I would be incredibly grateful if you could share your thoughts.

2. The facts in this defence come from the Defendant's own knowledge and honest belief. Conversely, the Claimant sets out a cut-and-paste, incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and the driver.

3. Regarding the POC: the Defendant notes that this is a debt recovery claim issued via DCB Legal, relying on vague, template-style pleadings. This fails to clarify the alleged breach, the terms relied upon, signage, or any contractual basis upon which the charge is pursued. This is a clear abuse of process.

3.1. The Defendant appealed directly to Euro Car Parks regarding this PCN on two occasions — March 2024 and July 2024 — both of which were rejected. The Claimant failed to provide the requested evidence including the landowner contract and photographic proof of compliant signage, which are required under the BPA Code of Practice. This failure constitutes procedural unfairness.

3.2. The Defendant did not escalate these PCNs to POPLA due to an honest oversight. However, on every previous occasion where the Defendant submitted a POPLA appeal, including in February 2024 (Verification Code: xxxxxxxxx), the appeal was upheld. In that case, POPLA ruled that Euro Car Parks had failed to issue a compliant Notice to Keeper and could not lawfully pursue the keeper under POFA 2012. Based on this consistent track record of procedural and evidential failings, the Defendant reasonably believed these PCNs would similarly be withdrawn. Instead, the Claimant’s refusal to engage properly and subsequent litigation represent an abuse of process.

Coupon-mad

may I ask why you believe I would not be able to recover the £313 if the set aside were granted?

You wouldn't get that fee back because the Claimant did nothing wrong. The claim was properly served.

The £313 would be wasted and your application would be pretty risky anyway, because you'd be relying on the court's discretion. I am not even convinced you have a solid defence to back up a CCJ set aside application...it looks like this car park was repeatedly being used to 'chance it'?

If I'm right with that, pay the CCJ immediately as that one will otherwise cause a CCJ. You realise even if you do a set aside application, the CCJ doesn't get frozen? It damages your credit rating FROM NOW. For six years, if you fail to convince the judge.

I wouldn't. I say PAY the CCJ now on DCB Legal's portal. Immediately. In full.

But re the other claim - defend!

Nimastig

Coupon-mad said:

may I ask why you believe I would not be able to recover the £313 if the set aside were granted?

You wouldn't get that fee back because the Claimant did nothing wrong. The claim was properly served.

The £313 would be wasted and your application would be pretty risky anyway, because you'd be relying on the court's discretion. I am not even convinced you have a solid defence to back up a CCJ set aside application...it looks like this car park was repeatedly being used to 'chance it'?

If I'm right with that, pay the CCJ immediately as that one will otherwise cause a CCJ. You realise even if you do a set aside application, the CCJ doesn't get frozen? It damages your credit rating FROM NOW. For six years, if you fail to convince the judge.

I wouldn't. I say PAY the CCJ now on DCB Legal's portal. Immediately. In full.

But re the other claim - defend!

Interesting how we both posted within such a short time of each other! Thank you again for your help. As mentioned above, I have now paid the full amount (within 30 days), so that part is settled. My next step is chasing DCB Legal and the court to ensure the CCJ is removed from my record.

Do you have any advice on how to make sure they actually remove it, now that it is paid?

Also, I’d really appreciate your thoughts on the defence for the second case I mentioned in the post just above.

Many thanks 🙂

Coupon-mad

My next step is chasing DCB Legal and the court to ensure the CCJ is removed from my record.

Do you have any advice on how to make sure they actually remove it, now that it is paid?

You don't need to. It will happen this month.

Re the other one, I'd remove 3.2. as it is irrelevant what happened in another case where you relied on POFA, which you aren't this time.

And remove the stuff from the template paras 9-11 as the Template Defence needs that old stuff about the DLUHC weeding out. I'll make some changes to it within days.