Valid request for CCJ to be set aside?

Chillie_Dog

This is my first draft of defence on my N244 application - I think the gives the context of my dispute.
I discovered this CCJ on my credit report on the 28th of August 2025 and am applying promptly to have it set aside. While the court records show the N1 claim form was sent on 5th May 2025, I never received any official court documents.
I only received debt collection letters from DCBL threatening court action, but no actual court claim form with the required response forms. This is a crucial distinction - debt collection letters are not court documents and do not trigger the legal obligation to respond to the court within 14 days.
I do not dispute the underlying debt and am prepared to pay it in full plus costs. However, I was denied due process by not receiving proper notice of court proceedings, preventing me from responding appropriately.
  

Chillie_Dog

can anyone kindly offer advice on how I should proceed? Thankyou

sheenas

This issue is that the debt claim is valid and there must have been other letters. Most significant of these would be a notice before action. You would need a valid reason the may not have been received. Simply saying the letter didn’t arrive is unlikely to fly. 

Coupon-mad

Chillie_Dog said:

This is my first draft of defence on my N244 application - I think the gives the context of my dispute.
I discovered this CCJ on my credit report on the 28th of August 2025 and am applying promptly to have it set aside. While the court records show the N1 claim form was sent on 5th May 2025, I never received any official court documents.
I only received debt collection letters from DCBL threatening court action, but no actual court claim form with the required response forms. This is a crucial distinction - debt collection letters are not court documents and do not trigger the legal obligation to respond to the court within 14 days.
I do not dispute the underlying debt and am prepared to pay it in full plus costs. However, I was denied due process by not receiving proper notice of court proceedings, preventing me from responding appropriately.
  

As you are applying promptly (and presumably have a valid defence), chances are a judge WILL agree to set aside the CCJ because it is your position that the claim form was not served and the parking charge is unfair and challengeable.

See the CCJ set aside advice in the NEWBIES thread. When you first email DCB Legal, Also ask them which address the Claim Form went to. Knowing that will help. Could be that they reverted to the DVLA old address if there was an old one in play when the PCN happened? If they did that, it makes your application stronger.

Coupon-mad

sheenas said:

This issue is that the debt claim is valid and there must have been other letters. Most significant of these would be a notice before action. You would need a valid reason the may not have been received. Simply saying the letter didn’t arrive is unlikely to fly. 

With parking set asides it almost certainly will fly, under the court's discretion in CPR 13.3.

Parking CCJs are different because most parking charge notices are unfair right now, so it doesn't take much to convince a judge that your case to defend has prospects of success. That's the bar. Not a high bar to reach v most PPCs..