CCJ out of the blue (kind of) help would be appraciated

standardissue

Hello to all you wonderful folk at MSE!

I've been reading through the Newbies threads for a few days (since learning I have a CCJ following an unpaid PCN), I can't find advice specific to my case & I'm wondering if the specifics of my situation even matter, or if I should just proceed with the templates and apply to the courts (once I find out who to contact)

My situation in brief:

• PCN Dated 05/08/2021
• Location Exeter Havenbanks Retail park
• I was attending the tenpin bowling centre there which offers 2hrs free parking for customers (I was there less than 2 hrs - I input my reg as I have done many times before)
• 1st letter received from DCBL approx June 2025 (I made a request to appeal, which was rejected as the appeal window is 2 weeks)
• DCBL claimed smart parking & DCBL had sent letters to my previous address (at the point of moving I had Royal mail forwarding, also changed my address on via DVLA months after movng house in June 2021, this was likely after the PCN, but years before receiving any correspondance)
• I did some reasearch showing there was no sinage at the parking places for the bowling centre (not sure if this is relevant, as I know I need to put my reg into the system and I did so)
• I asked DCBL to provide evidence any correspondance had ever been sent to either address they had for me.
• DCBL placed my case on hold (confirmed via email)
• After many months, I sent a follow up email, where the only reply I had was that the case had been passed to DCBL Legal
• I emailed DCBL Legal several times without response
• My credit card limit dropped massivly, I contact my card company, who put me in touch with Experian where I descovered I had a CCJ - I have not had any letters or communications ragarding the CCJ or court proceedings, the only communications I had prior to this was to inform me the case was on hold. (this was last Thursday)

I now need to apply for a CCJ to be put aside on the grounds that:

• The PCN was not legitimate in the 1st place (free parking)
• I believe the PCN was fully defendable if a PCN had ever been received (DCBL or Smartparking have not been able to provide evidence the initial letters were ever sent)
• The CCJ (in my opinion) should not have been filed against a case that was "on hold"
• The CCJ (in my opinion) shoul dnot have been filed/ratified by a court without giving me opportunity to defend.

As above, I havent been able to find threads that cover the nuances of my situation & I would greatly appraciate guidnace on what steps to take.

Kindest regards,
Paul

doubledotcom

Apply for a set aside under CPR 13.2 with a back up of CPR 13.3. It is all in the Newbies thread if you read it properly.

Have a read of Carr v VCS (2025) to get a better understanding of why.

standardissue

Thanks for the reply, I've borrowed a template posted by @troublemaker22 in an older thread, I've amended to make this relevant to my situation - My intest is to write to DCBL (via email) with a request they join me in setting aside the CCJ & cover my application costs.

I'd appreciate adive & comments on the below.

URGENT

Dear Sirs,

DCB Legal (THE ‘CLAIMANT’)  V [My Name] CLAIM REFERENCE [XXXXXXXX]

On 29 October 2025, I discovered my credit card limit had been reduced considerably, through investigation I discovered a CCJ against me dated [09 September 2025]. This came as a tremendous shock as the claimant communicated the PCN case on hold by email dated [11 June 2025].   

I made immediate enquiries to DCBL from which I was able to establish that:

1.       The claim relates to an alleged parking event in August 2021;

2.       There is no evidence or a refusal to provide evidence the claim form was issued

3.       If I had been given the opportunity to do so, I would have successfully defended the claim.

I did not receive any pre-claim correspondence, not even a letter of claim as required by the PAP. Nor did I receive the claim form or any particulars of claim and was thus deprived of the ability to defend the claim. The Claimant is well aware that people move home from time to time. They also know that I did not respond to any communications sent to me at my old address.

This situation is explicitly dealt with in the Civil Procedure Rules which provide at CPR 13.2:

13.2 The court must set aside(GL) a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied

The Claimant is a member of the British Parking Association (the ‘BPA’) and is bound by the BPA’s Code of Practice which gives voice to CPR 13.2 in the following terms:

 24.1(1) A claimant may not apply for summary judgment until the defendant against whom the application is made has filed an acknowledgment of service or a defence

If the Claimant had taken the actions required by the Civil Procedure Rules and the Code of Practice, application for judgement may not have been made. DCBL placed the case on hold and made no further contact with the defendant. If Civil Procedure Rules had been applied correctly, I would not have been deprived of the ability to defend the claim.

By reason of the Claimant’s breach of the Civil Procedure Rules, which amounts to an abuse of the process of the Court, the claim form was never properly served and the judgment must be set aside at the Claimant’s expense and the claim dismissed because it is now too late for the particulars of claim to be re-served.

In view of the foregoing, I invite the Claimant to join with me in an application to set aside the judgment and dismiss the claim, with the Claimant paying the court fee and no order as to costs.

Please respond to the above offer as soon as possible so that, if the offer is acceptable to the Claimant, we can work together to right the wrong that the Claimant has done to me.

To give you a reasonable time to take instructions and for us to agree a suite of documents for the Court, I am willing to defer making a unilateral application to set aside the judgment until 4 pm on 21 November 2025. If a joint application has not been made by that time, I intend to instruct a solicitor to apply to the Court unilaterally for an order setting the judgment aside, striking out the particulars of claim, dismissing the claim and awarding costs against the Claimant on a full indemnity basis.

Pease respond by immediate return.

Yours faithfully,

cc DCBL

Thanks in advance.

1505grandad

"DCB Legal (THE ‘CLAIMANT’) "

They are not the claimant.

Coupon-mad

Why aren't you telling DCB Legal that it looks like they sent the claim form to a very old address, that DCB Group already knew was not correct because you contacted DCB Ltd in MONTH/YEAR (attach proof) and demand they cover the 'with consent' set aside fee.

Why are you ccing in DCB Ltd, who are not involved? This is DCB Legal only.

Have you rung the CCBC and found out which address the Claim Form went to? 

And... why does everyone keep copying 'instruct a solicitor' which is clearly not right?

standardissue

Thanks for the feedback @Coupon-mad I’ m conscious about being 100% factual without being overly wordy. 

The PCN was allegedly sent to my old address (old by one month), I had Royal Mail forwarding and access to the old house, there was no PCN received. 

The next and only letter received was from DCBL chasing a debt for an unknown parking charge (the parking in question was free, customer having entered reg in tablet at reception)

It was DCB Ltd that placed the case on hold but DCB Legal who applied for the CCJ, without any communication by email or post. 

At this point they have the correct address, they have confirmed they have the correct address, they claim letters were sent but can’t (or refuse) to provide evidence. 

From my side only one letter has been received in 4 years, this is from DCB Ltd. 

Apologies in advance, I may be over thinking this but I worry the nuances of my case don’t perfectly align with CPR 13.2 or CPR 13.3. 

Coupon-mad

Oh yes it does fit. You have 100% guaranteed set aside if the claim form went to the old address when DCB Group already had your new address. The court has no discretion: CCJ will be set aside.

Is that what happened? have you asked the CNBC where the Claim form was sent? Spell it out in your email to DCB Legal (don't cc in DCB Ltd).

standardissue

The PCN went to old address, should have been forwarded to new address by Royal Mail. (Nothing received at new address, I also had access to the old house to pick up mail and no PCN received)

3yrs later a DCB Ltd collection letter was sent to my new address, from this point on DCB Ltd & DCB Legal had my new address, they claim additional letters were sent but nothing was received. 

The fist knowledge I had of a CCJ was from my credit card company, at this point the only comms received were from DCB Ltd stating the case was on hold. 

I’ll call the court again Monday morning, they wouldn’t speak to me without a claim number which I only just got from Experian.