DCBLegal VCS Court Hearing - Bristol Airport Hilton

mamapapa12

Hi there,

I've read a fair amount of the information here and thank you @Fruitcake for uploading the photos of the exact spot where my car apparently stopped for 22 seconds. In front of the barriers at the Hampton by Hilton Hotel at Bristol Airport.

I have since received a ccj as the fine was sent to an old address.

I requested to have the ccj set aside and am now due a court hearing in 2 weeks.

After the court hearing letter was sent out DCBL misled me by saying the court requested witness statements. I checked with the court and this was not true.

My wife was driving at the time but they fined me. Their two still images are v low quality and don't show her face.

I requested from them:

1. video to prove the car was actually stopped.
2.contracts and maps showing the land was under their jurisdiction 
3. proof that the sign is visible from wherever the car stopped.
4. how their no stopping sign makes sense in front of a barrier?
5. what steps they took to verify my address.
and
6.The images provided do not identify the driver and if they are relying on POFA 2012 act.

Do I understand correctly that the act means they cannot transfer liability to the keeper because its only applicable on private land? And that spot is not private land?

DCBL Witness Statement mentions a Denton case and that I didn't file my claim in time (but thats the whole point of setting aside the ccj!) and claims I didn't prove that I didn't live at the address they served my ccj notice. Seems odd as I sent plenty of evidence including a driving licence with my address from months before the ccj court date took place. They also want to claim their extra legal expenses against me for wasting court time! 😅

Seems odd they just keep lying when a judge will be viewing it all.


Any help or additional points with this upcoming court case would be very much appreciated! 

I understand there might be a cross examination.? no idea what questions to ask them except the points I mentioned above.

feels like David and Goliath 

Thanks!

mamapapa12

Oh and they never even responded tothose 6 requests for evidence  - I sent the email twice. no response at all.

Coupon-mad

If you have only so far put in a N244 application alone, then to get this over the line AND YOUR COSTS BACK, you DO need a Witness Statement ('WS') and evidence that your address was old, and you need to append case law:

VCS v Carr
VCS v Edward
Excel v Smith
and the new Mazur case (see the new thread).

You MUST add a WS and evidence that you had moved but were 'there to be found' = bank statement, utility bill etc., and/or proof you are on the electoral roll at the new address, and/or a copy of your own (FREE) credit report showing that your new address is right there! All they had to do was a soft trace. Their fault. Their duty. Not yours.

And you need a 'Draft Order' asking for the CCJ to be set aside, the claim to be dismissed and ALL your costs (£313 and your day off work: loss of salary or loss of a day's leave) refunded to you in full by the erring Claimant, who had a duty to trace you and NOT rely on an old DVLA address obtained months earlier.

This is your hearing you have paid for and it will mainly be about you proving your addresses and that you were there to be found, and you need to take the judge to the case law.

It's actually dead easy and you can adapt someone else's Draft Order, WS & costs pleadings.

Search the forum for:

CCJ VCS Carr 4 months expired

Or try

CCJ Draft Order Carr 4 months

Or try searching for these exact words

"Carr DVLA starting point"

This hearing isn't about the PCN but you should be able to get the whole claim struck out on the spot, AND your costs.

But assume your judge doesn't know that and hasn't heard of VCS v Carr and doesn't realise that keepers who were not driving can't be held liable on Airport land.

Your job is to use the case law to explain why!

It's mainly about understanding VCS v Carr which is binding case law from the Court of Appeal this May, about a CCJ parking case just like yours.

Gr1pr

Also

Its not a "fine "  so DO NOT use that word at all in your submissions,  it's a charge,  an invoice,  from a private parking company,  so only use those words when referring to it, no matter where you use it,  WS, on here,  wherever 

Magistrates issue fines,  which isn't relevant in these cases,  so dont come a cropper due to incorrect legal terminology ( which someone else nearly did at Manchester due to using incorrect terminology  )

And its got nothing to do with DCBL, debt collectors,  you are dealing with DCB LEGAL,  a legal company,  so probably VCS via DCB LEGAL LTD 

mamapapa12

Thanks so much @Coupon-mad and @Gr1pr - really stunned by the kindness of strangers on here.

Been studying VCS vs Carr  -  don't think the 4 months relates to me as I requested set aside 1 month after the ccj was issued.

But the other point about their lack of effort to find my correct address and reason to doubt that it was my address all seems helpful.

Been using chatgpt a lot - I understand there's a. cross examination in the hearing  - is that simple enough? 

mamapapa12

@Coupon-mad - since it wasn't requested is it not better I take the witness statement on the day to the judge?  concerned dcbl will have time to come up with some silly counter argument if I send it the vcs vs Carr argument from now.

Coupon-mad

mamapapa12 said:

Thanks so much @Coupon-mad and @Gr1pr - really stunned by the kindness of strangers on here.

Been studying VCS vs Carr  -  don't think the 4 months relates to me as I requested set aside 1 month after the ccj was issued.

But has 4 months passed since the date on the CLAIM FORM? If yes, the claim is expired unserved!

STOP USING CHAT GPT FOR THIS! It is utter rubbish - useless for this. There isn't across examination in these cases. This is YOUR hearing you have paid for and it isn't about the PCN.

DCB Legal don't even send anyone to CCJ set aside hearings so it is up to you to argue for your costs and the Claim to be struck out completely. You won't pay a penny if you take the Judge to the case law I listed.

mamapapa12 said:

@Coupon-mad - since it wasn't requested is it not better I take the witness statement on the day to the judge?  concerned dcbl will have time to come up with some silly counter argument if I send it the vcs vs Carr argument from now.

No.

My goodness you cannot ambush the Claimant with a WS and evidence on the day! I explained exactly what to do before the hearing, this week.

Copy from one of the other CCJ set aside threads from 2025.

Gr1pr

mamapapa12 said:

@Coupon-mad - since it wasn't requested is it not better I take the witness statement on the day to the judge?  concerned dcbl will have time to come up with some silly counter argument if I send it the vcs vs Carr argument from now.

Witness statements have to be submitted in the court process,  not an ambush on the hearing date

DCBL are merely powerless debt collectors and aren't involved,  as I explained earlier 

mamapapa12

Thanks @Coupon-mad and @Gr1pr

I'm preparing a witness statement based on one I've seen from June 2025 on here mentioning Vcs vs Carr.

I'd like to add a couple of things - dcblegal say they conducted a pre-issue trace and hence confirmed my address. Any idea about that?

They also try to argue that I entered a contract and stopped in their no stopping zone but I'm looking at the map they sent me and it doesn't even look like I was even in their "patrol zone" as they put it. 

I have 13 days left- is it OK to send it 10 days before the hearing? just want to prepare it properly as each day I discover new points... like chatgpt socks for this! 

Coupon-mad

Yes you can send it 10 days before the hearing because you haven't been given a deadline or asked for it.

10 days is reasonable and you are mainly proving you moved, and adding the case law to support full costs back and the entire claim being struck out.

DCB Legal saying "we did a trace" is no more than hearsay.

They always say that but you should be able to prove them wrong by exhibiting your free credit report which no doubt shows your new address attached to your records months ago.

mamapapa12

• Thanks @Coupon-mad for your help, would have probably crashed and burned without it!

• I have prepared my WS for the hearing in 11 days - any chance anyone could take a look? Just wanna make sure there's nothing on it that would be a "no no" for the judge.
  
  Not sure if I can ask for "Relief Sought" as below.
  
  
  
  
  WITNESS STATEMENT OF XXX

  
  

  1. INTRODUCTION

  
  

  1.1 This Witness Statement is submitted in support of the Defendant’s application to set aside the default judgment dated 17th March 2025, pursuant to CPR 13.2 and/or CPR 13.3, and to strike out the claim.

  
  

  1.2 The Defendant contends that:

  
  

  • The claim was not properly served in accordance with CPR 6.9, as it was sent to an address where the Defendant no longer resided; and

  
  

  • The Claimant failed to take reasonable steps to verify the Defendant’s current address before issuing proceedings, as required by law.

  
  

  2. LEGAL BASIS FOR THE APPLICATION

  
  

  2.1 Improper Service (CPR 13.2)

  
  

  2.1.1 The Court must set aside the judgment if it was not properly served in accordance with CPR 6.9, which requires that an individual be served at their “usual or last known residence.”

  
  

  2.1.2 The claim was sent to an old address where I no longer lived at the time. I had updated my council tax, driving licence, electricity, and banking records well before the claim was issued, proving that I was easily traceable.

  
  

  2.1.3 The Claimant asserts that a “soft trace” was carried out. However, the fact that the claim was sent to an outdated address indicates that either no trace was done, or it was done inadequately, failing to identify multiple sources confirming my current address. Exhibits E, F, and G (Equifax screenshots) confirm that my current address was visible and available through Equifax’s credit data in August and September 2024 via several active accounts. This demonstrates that a simple and inexpensive soft trace would have revealed my correct address before the claim was issued.

  
  

  2.1.4 This failure mirrors the binding authority in the landmark Court of Appeal case Vehicle Control Services Ltd v Carr (CA-2024-001179, 4 March 2025), where it was held that serving a claim at an outdated address without reasonable diligence renders the judgment void. The Court made clear that claimants must take reasonable steps to ensure effective service before issuing proceedings.

  
  

  2.1.5 Accordingly, the Default Judgment against me was irregularly obtained and must be set aside under CPR 13.2.

  
  

  2.2 Discretionary Set Aside (CPR 13.3)

  
  

  2.2.1 In addition, the Court has discretion to set aside the judgment under CPR 13.3. I acted promptly and responsibly upon discovering the judgment on 19 May 2025, contacting the Claimant within days to seek resolution.

  
  

  2.2.2 I also attempted to reach a reasonable settlement and invited the Claimant to consent to the set-aside without court involvement, but they declined. I then applied to the court within a few weeks of discovering the CCJ.

  
  

  2.2.3 The original parking claim itself is without merit. The location in question included a barrier directly ahead of the signage, which faced the main road rather than the entrance. This caused confusion and implied the area beyond the barrier — not the area before it — was under their control. It is standard practice for a driver to briefly turn around in such circumstances, and there is no proof that my vehicle was stopped in contravention of any rule.

  
  

  2.2.4 The evidence provided by the Claimant consisted only of two still images taken 22 seconds apart, with no video evidence. I requested video footage to confirm the facts, but none was provided. Their own map (Exhibit H) also shows that the location where the car was photographed is outside their jurisdiction.

  
  

  2.2.5 The claim is therefore factually weak, and it would be unjust to allow a judgment to stand when the underlying claim itself is defective.

  
  

  2.2.6 I have acted in good faith throughout, responding promptly and respectfully, and this application is brought without delay and in the interest of justice.

  
  

  3. EVIDENCE OF CURRENT ADDRESS AND TRACEABILITY

  
  

  3.1 I have provided multiple independent documents confirming that I was residing at my current address well before the Claimant issued proceedings. These documents demonstrate that, had the Claimant carried out a reasonable trace, my correct address would have been easily identified.

  
  

  3.2 The following exhibits are attached in support:

  
  

  • Exhibit A: Council Tax statement showing registration at my current address.

  
  

  • Exhibit B: Water bill in my name at the current address.

  
  

  • Exhibit C: Copy of my driving licence showing the updated address.

  
  

  • Exhibit D Electricity account statement showing the address.

  
  

  • Exhibit E: Equifax screenshot of my NatWest account confirming the same address.

  
  

  • Exhibit F: Equifax screenshot of my TalkTalk account.

  
  

  • Exhibit G: Equifax screenshot of my PayPal account.

  
  

  3.3 These collectively confirm that my current address was active and traceable through multiple financial and utility channels prior to the claim being issued. This reinforces that the Claimant failed to take reasonable steps to ensure proper service, despite having access to widely available credit tracing tools.

  
  

  4. JUDICIAL PRECEDENTS

  
  

  4.1 In VCS Ltd v Carr (CA-2024-001179, Court of Appeal, 4 March 2025), the Court reaffirmed that claimants must take reasonable steps to ensure service is effective. Serving a claim at an outdated address without diligence renders service invalid.

  
  

  4.2 The Court also emphasised the Overriding Objective — ensuring cases are dealt with fairly, justly, and proportionately. In this matter, I was deprived of any opportunity to defend myself due to improper service, which constitutes a serious procedural irregularity.

  
  

  4.3 Under CPR 7.5(1), a claim form must be properly served within four months of issue. Given that this claim was never validly served, it is now expired and should be struck out.

  
  

  5. COSTS

  
  

  5.1 I respectfully request modest costs for time spent preparing and pursuing this application:

  
  

  • 6 hours dealing with DCB Legal correspondence and N244 preparation @ £15/hr = £90

  
  

  • 20 hours studying case law and preparing this Witness Statement £15/hr = £300

  
  

  • £150 Emotional distress of getting a CCJ on my credit file and unable to get loans or credit.

  
  

  Total: £530

  
  

  5.2 These costs are reasonable and reflect genuine time, distress and expenses incurred to correct the Claimant’s error.

  
  

  6. RELIEF SOUGHT

  
  

  6.1 The Defendant respectfully requests the Court to:

  
  

  • Set aside the Default Judgment dated 17 March 2025 under CPR 13.2 and/or 13.3;

  
  

  • Strike out the underlying claim as it was improperly served and lacks merit; and

  
  

  • Order the Claimant to reimburse the Defendant’s costs as detailed above.

  
  

  7. CONCLUSION

  
  

  7.1 The Claimant failed to take reasonable steps to verify my address and served the claim at an outdated residence.

  7.2 I acted promptly upon discovering the CCJ and have demonstrated that I was easily traceable.

  7.3 The underlying parking claim lacks substance and jurisdictional clarity.

  7.4 For these reasons, I respectfully request that the Default Judgment be set aside and the claim struck out.

  
  

  DATED: 08 October 2025

  SIGNED: ____________________

  DEFENDANT

  
  

  REFERENCE:

  
  

  • VCS Ltd v Carr (CA-2024-001179, Court of Appeal, 4 March 2025)

  https://caselaw.nationalarchives.gov.uk/ewca/civ/2025/713?court=ewca