Subject: Advice Needed – CCJ from DCB Legal Over Parking Ticket While Living Abroad

Coupon-mad

OK, missed that! Thanks @Castle.

So, hold back the 'claim has expired unserved' argument for a skeleton argument in a month's time once the magic 4 months has passed.

Certainly require the C to pay back all costs.

  

Zedrick28

Hi all, just following up. I’ve now received a court hearing date for 18 September 2025, and I’ve also received the below letter from DCB Legal.

Could someone please explain what this means in simple terms, and what my next steps should be?

We write in relation to the above matter wherein we are instructed to act on behalf of the

Claimant.

We have received the Defendant’s Application dated 16/06/2025 and note the content.

Within the Defendant’s Application they state they did not receive any correspondence in

relation to the matter due to residing in Spain. Upon review, it is respectfully submitted that

the Claim Form was correctly served at the Defendant’s last known address pursuant to

CPR 6.9. Pursuant to CPR 6.9(3), the Claimant took all reasonable steps to ascertain the

Defendant’s current address by conducting a pre-issue trace.

This trace result provided the Claimant with knowledge of the Defendant’s address, which the Claim Form was

subsequently served. It is the Claimant’s position that although the Claim Form was served

correctly, it is more than likely than not that the Defendant did not receive the Claim Form,

due to residing in Span and was therefore unable to defend.

In view of the above, the Claimant has decided to take an economical approach to the

matter in consideration of CPR 1.1 and to assist the Court in achieving its overriding

objective. As such, we would be grateful if the Court would place the attached Draft Order on

the Court file in readiness of the Hearing listed on 18/09/2025.

In the event that the Defendant seeks to recover the costs of making the Application to set

the Judgment aside, it is respectfully submitted that the Claimant has not acted

unreasonably. A trace was conducted to ensure that the Claim Form was served to the

Defendant’s last known address pursuant to CPR 6.9(3) – the Claimant has therefore

followed the correct process and had no reason to believe that the Defendant would not

have received the Claim Form.

Pursuant to CPR 27.14, the Defendant is not entitled to costs incurred where the matter has

been allocated to the Small Claims Track. If the matter had proceeded, it is reasonable to

We respectfully excuse our Client’s attendance at the hearing on 18/09/2025. This is meant

with no disrespect to the Court, but is a decision made to save incurring any further costs.

Yours faithfully

Before District Judge ___________________________

UPON considering the Defendant’s application dated 16/06/2025;

AND UPON the Claimant accepting that although the Claim was served at the Defendant’s last known address

pursuant to CPR 6.9, the Defendant did not receive the Claim Form, due to residing in Spain, and was therefore

unable to respond to the Claim;

AND UPON the Claimant accepting that evidence has been provided to confirm the Defendant’s residency in

Spain;

AND UPON the above constituting “some other good reason” for Judgment to be set aside pursuant to CPR 13.3;

IT IS ORDERED THAT:-

i. The Judgment entered herein on the 09/05/2025 be and is hereby set aside;

ii. It is recorded that a request for cancellation of the judgment has been sent to Registry Trust Limited;

iii. Claim be dismissed;

iv. There be no order as to costs.

Coupon-mad

Depends if you want to accept their draft Order. You could do and avoid a hearing.

Zedrick28

Today, they emailed saying the Court has ordered both parties to agree a Hearing Bundle for the 18/09/2025 hearing. I want to try to recover the costs of making the application to set aside the judgment from the Claimant.

I am reluctant to sign anything they send, as I do not trust them. Previously, they tried to demand more money from me to set aside the claim before I made the court application.

Coupon-mad

Yes we get that. Go to the hearing then and fight for your costs.

Thing is, be aware you may or may not get your costs back because they DID serve the Claim to your last known address.

You didn't tell them you were living abroad? You know what: one email telling them (and proving residence at) your Spanish address before they filed a claim would have killed it stone dead. You'd never have heard a peep.

Zedrick28

Yes, that’s true, but I didn’t find out about the claim until after they filed it and the deadline had already passed. Oh well—live and learn. Thanks for your help.

Coupon-mad

Zedrick28 said:

Yes, that’s true, but I didn’t find out about the claim until after they filed it and the deadline had already passed. Oh well—live and learn. Thanks for your help.

No worries. 

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