CCJ from old address (dated dec 2024)

Heklind

I recently found out about ccj when randomly checking my credit score. Is it too late to request set aside if its from december 2024? I've changed address on april 2024 and never received any letters from dcbl or court to my new address. I've contacted dcbl over the email as per advice in newbies topic, they requested proof of change of address - i gave them copy of my rental agreement, havent heard from them since, apart of receiving new letters about unpaid tickets, all from last year...

Now i'm thinking of requesting for set aside by filing n244 form. would it be too late or not? Asking as I'd obviously have to pay for application. Also is there anything I could add to improve my chances of setting it aside?

my witness statement:

Claim No: xxxx
In the County Court
Between:
CIVIL ENFORCEMENT LIMITED (Claimant)
-and-
xxx (Defendant)
WITNESS STATEMENT OF xxx
I, xxx, of xxx, am the Defendant in this matter and I make this statement in support of my application to set aside the default judgment issued against me.
1. The facts below are true to the best of my knowledge and belief. The matters in this statement are within my own knowledge.
2. The claim concerns a parking charge notice alleged to have occurred on 9th July 2023.
3. At the time of the alleged event, my address was <old address>. I subsequently moved out of this property.
4. On 20th April 2024, I moved to my current address at xxx. As evidence of this, I have attached a true copy of my tenancy agreement for this property, which is marked as 'Exhibit A'.
5. I have since found out that the Claimant, CIVIL ENFORCEMENT LIMITED, issued a claim against me and sent all correspondence, including the Claim Form, to my previous address. I did not receive any of this correspondence as I no longer lived there. I had no knowledge whatsoever that a claim had been issued against me.
6. I first became aware of the existence of this County Court Judgment (CCJ) on 23rd June 2025. I discovered it when I conducted a check of my credit file. This was the first time I had any knowledge of these proceedings, and it came as a complete shock.
7. Upon discovering the judgment, I acted promptly. I contacted the Claimant's solicitor, DCB Legal Ltd, by email to explain that I had not been aware of the claim due to my change of address. As requested by them, I sent them a copy of my tenancy agreement as proof. I haven’t received any response since then.
8. I understand that under Civil Procedure Rule 13.2, the court must set aside a judgment entered in default if that judgment was wrongly entered because the claim form was not served. As I was not served with the claim form, I was denied any opportunity to respond or to defend the claim. I have a meritorious defence, as outlined in my attached Draft Defence.
9. For the reasons outlined above, I respectfully ask the court to set aside the default judgment in this case.

DRAFT DEFENCE
1. The Defendant denies any liability to the Claimant for the sum claimed, or any sum at all.
2. It is admitted that on the material date the Defendant was the registered keeper and driver of the vehicle.
3. No contract was formed between the Defendant and the Claimant. The Defendant was on site as a legitimate customer of Hertz 24/7 vehicle rental. The Defendant's vehicle was parked temporarily in the space designated for the rental van only for the time necessary to complete the hire process.
4. The signage at the site was inadequate, unclear, and did not create a binding contract. Furthermore, the signage did not prohibit the specific, necessary action of temporarily using the rental van's bay to facilitate a vehicle hire.
5. The Particulars of Claim are vague and insufficient to form a complete cause of action. The Defendant also denies that the Claimant has legal standing to bring this claim.
6. The amount of £170 is a disproportionate and unconscionable penalty, inflated with non-recoverable costs in an abuse of process.

Gr1pr

The point is to act promptly once you are aware of the CCJ

Coupon-mad

Yep so it is NOT too late. But that WS is nothing like up to date. You need VCS v Carr!

Heklind

Coupon-mad said:

Yep so it is NOT too late. But that WS is nothing like up to date. You need VCS v Carr!

thanks! i wasn't even aware of it, i apprieciate that. would this make more sense now?

CIVIL ENFORCEMENT LIMITED (Claimant)

- and -

xxx (Defendant) 

________________________________

WITNESS STATEMENT OF xxx

I, xxx, of [Your Full Current Address], am the Defendant in this matter and I make this statement in support of my application to set aside the default judgment, pursuant to CPR 13.2 and/or CPR 13.3.

1. I only became aware of the default judgment against me on 23rd June 2025, when I conducted a routine check of my credit file. I had no prior knowledge of any court proceedings.

2. The reason I was unaware is that the Claim Form was served to my previous address. I moved to my current address on 20th April 2024. As evidence of this, I have attached a true copy of my tenancy agreement, marked as 'Exhibit A'.

3. Because the claim was sent to an old address, I did not receive a copy of the claim form, particulars of claim, or any pre-action correspondence. As such, I was denied any opportunity to defend the claim or respond in any way.

4. The Claimant failed to take reasonable steps to ascertain my correct address, contrary to CPR 6.9(3). Any mail sent to my former address would have been returned to sender, which ought to have triggered further checks by the Claimant before proceeding with the claim.

5. The Claim Form was not validly served upon me within the four-month period specified by CPR 7.5. Therefore, the claim has expired. This position is directly supported by the binding Court of Appeal authority in Vehicle Control Services Ltd v Carr [2025] EWCA Civ 43. That case confirmed that where a claimant serves a claim form to an outdated address without taking diligent steps to verify the address, service is ineffective and the claim cannot proceed.

6. Furthermore, the particulars of claim are vague and inadequately particularised, failing to disclose a clear cause of action in breach of CPR 16.4.

7. Upon discovering the judgment on 23rd June 2025, I acted promptly. I contacted the Claimant's solicitor, DCB Legal, to explain the situation and have since prepared and filed this application without delay.

8. I respectfully submit that for the reasons outlined above: a. The default judgment is void and must be set aside under the mandatory grounds of CPR 13.2. b. The claim has expired and should be struck out under CPR 7.5. c. The Claimant should pay the costs of this application due to their failure to take reasonable steps to serve the claim correctly.

Statement of Truth

I 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.

Draft Order

---

IN THE COUNTY COURT Claim No: xxx

Between

CIVIL ENFORCEMENT LIMITED (Claimant)

- and -

xxx(Defendant)

 ________________________________

DRAFT ORDER

UPON the Defendant’s application dated 30th July 2025

AND UPON READING the Defendant’s witness statement dated 30th July 2025 and the exhibits attached

AND UPON the Court noting that the Claim Form was not validly served in accordance with CPR 6.9 and CPR 7.5

AND UPON the Court having regard to the binding authority of VCS v Carr [2025] EWCA Civ 43

IT IS ORDERED THAT:

1. The default judgment dated in this case is hereby set aside pursuant to CPR 13.2.

2. The claim is struck out as it was not validly served within the time permitted by CPR 7.5 and/or the particulars of claim disclose no reasonable grounds for bringing the claim.

3. The Claimant shall pay the Defendant’s costs of this Application, to be assessed if not agreed.

and might be a silly question, but i've never done this before. Do i call them to make the payment and reference to this application or is it better to request them to call me in the email I send to them to make sure that they havent missed it?

Coupon-mad

I think both!

Put it in the email. Send it tomorrow, so it's dated July (looks better than August).

Wait till after the weekend then phone the CNBC fees number.