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

standardissue

There was no letters PCN or otherwise at the old address - I had Royal Mail forwarding (letters were arriving at my new address with the re directed sticker). 

I was able to visit my old address and pick up other mail items, I did this for 6-12months. 

My wife (at our new address) has also had a PCN managed by DCB Ltd where no PCN was received (this was all post move, no old address involved)

I’m confident the postal service is hit and miss where I live - weekly I receive post for the adjoining roads, I have checked with adjoins roads at houses with the same number as mine, but no luck (not sure people would really hold memories of an occasional letter years ago though) 

Is there a “known” legal path I can walk, or do I just list the facts as they are on the N244?

Coupon-mad

You'll have to do a N244 and witness statement relying on CPR 13.3 and probably attach a draft defence against the PCN too, because setting aside this CCJ is going to be at the court's discretion.

One consideration is that you have 'prospects of successful defence' and another is that you must 'act promptly' which means this week. Get it in!

Sadly it'll cost a £313 fee which I doubt you'll get back because the C served the claim to the right address.

standardissue

OMG - it makes me feel sick that free parking is going to cost me £313. 

Coupon-mad

standardissue said:

OMG - it makes me feel sick that free parking is going to cost me £313. 

No, Royal Mail has cost you that.

standardissue

Coupon-mad said:

standardissue said:

OMG - it makes me feel sick that free parking is going to cost me £313. 

No, Royal Mail has cost you that.

Yes - It's still sickening  :'(

standardissue

I've drafted a witenss statement for the N422, I'd appreciate feedback (diggin on google, the car park in question doesn't have sinage at the parking spaces infront of the tenpin bowling venue, so I've rolled this into the justification also.

In support of an application to set aside default judgment under CPR 13.2 and 13.3
Claim No: [XXXXXXXX]
Court: Civil National Business Centre (Northampton)
Date of Judgment: 09 September 2025
Applicant/Defendant: Paul Oxley
Respondent/Claimant: Smart Parking Ltd (Represented by DCB Legal Ltd)

---

1. Introduction

1. I, [Claimant Name], of [Claimant Address], make this statement in support of my application to set aside the default judgment entered against me on 9 September 2025.

2. The matters set out in this statement are true to the best of my knowledge and belief and are made in accordance with CPR Part 13.

---

2. Background

1. The alleged parking event relates to a car park operated by Smart Parking Ltd, approximately four years prior to the claim.

2. At the time, the car park allowed two hours of free parking, and my vehicle was present for less than that period. No contractual terms were breached.

3. Furthermore, the parking space used was located directly at the entrance to the Tenpin Bowling venue, where no signage was displayed indicating any parking restrictions or contractual terms. I hold a photograph evidencing the absence of signage at this location.

4. I never received a Parking Charge Notice (PCN) or other correspondence from Smart Parking Ltd at any point before DCB Ltd contacted me in 2025.

5. In May 2025, I was first made aware of the alleged PCN when I received correspondence from DCB Ltd — over three years after the date of the supposed contravention.

---

3. Address and Service

1. At the time of the alleged PCN, I had recently moved house. I updated my DVLA registration shortly thereafter.

2. I had a Royal Mail redirection in place from my former address and was receiving redirected mail successfully.

3. Despite this, no PCN or Letter Before Claim was ever received, and I was never given the opportunity to respond or defend before the default judgment was entered.

---

4. Communications with DCB Ltd and DCB Legal Ltd

1. On 3 June 2025, I spoke by telephone with DCB Ltd and requested to challenge or mediate the alleged claim. I was told that the case could not be challenged after a two-week period.

2. On 11 June 2025, DCB Ltd emailed me confirming that the case was placed on hold pending evidence from Smart Parking Ltd (Email Evidence).

3. Despite the matter being on hold and my request for evidence, DCB Ltd subsequently transferred the file to DCB Legal Ltd. I received no further correspondence or evidence from either company before judgment was entered.

4. I was therefore denied my legal right to respond or file a defence.

---

5. Grounds for Setting Aside

1. Under CPR 13.2, the Court must set aside a default judgment that was wrongly entered. No claim form or prior notice was properly served upon me, rendering the judgment irregular.

2. In the alternative, under CPR 13.3(1)(a), I have a real prospect of successfully defending the claim:
    (a) No parking terms were breached; the stay was within the permitted free period.
    (b) The parking bay used had no signage, therefore no contract could have been formed. The Claimant has failed to provide any evidence to the contrary.
    (c) The Claimant has failed to produce any evidence that a PCN was ever issued or served.

3. Further, under CPR 13.3(1)(b), there is good reason to set aside the judgment because:
    (a) The Claimant and its agents failed to comply with the Pre-Action Protocol for Debt Claims, denying me the opportunity to respond.
    (b) The conduct of DCB Ltd and DCB Legal Ltd in proceeding to judgment while the case was expressly on hold is procedurally unfair and contrary to the Overriding Objective (CPR 1.1).

---

6. Conclusion

1. I respectfully request that the Court:
    (a) Set aside the default judgment dated 09 September 2025; and
    (b) Allow me to file a defence to the original claim; and
    (c) Consider awarding the costs of this application to the Defendant, given the Claimant’s failure to follow due process.

Coupon-mad

You can add Mazur, if the missing claim form was signed by Sarah Ensall which, from the dates, I think it was. She's not a solicitor.

Also, were you driving?

standardissue

Coupon-mad said:

You can add Mazur, if the missing claim form was signed by Sarah Ensall which, from the dates, I think it was. She's not a solicitor.

Also, were you driving?

Sorry - If I'm following, are you saying Sarah Ensall (of DCB Legal) is the likly signatiry of the missing forms (due to the date served) based on the case of Mazur vs Charles et al - She not being a solicitor, is not authorised to carry out litigation?

Is the advice to add this to my statement & ask they provide evidence?

In terms of who was driving, I can't say, it was over 4yrs ago, my wife & I share cars.

Coupon-mad

Yes I am saying that.

And if you were not known to be driving then you should be adding that Smart Parking did not use the POFA 2012 schedule 4 (ever) and as such, the unauthorised signatory of the POC has also misled the court by citing a law that this Claimant never used for PCNs until 2025. Knowingly claiming to be able to pursue the keeper when Smart Parking never could, seems to be a contempt of court. DCB Legal file over a hundred thousand parking claims p.a. and know full well (or should know) that this client had never used the keeper liability law in question.

ThorOdinson

Coupon-mad said:

standardissue said:

OMG - it makes me feel sick that free parking is going to cost me £313. 

No, Royal Mail has cost you that.

It's deeply unfair. RM is unreliable, and offers a recorded delivery service for that reason. Nobody is obliged to use it and courts assume that simply saying "I posted it" means it was delivered. There is no way you can prove otherwise. 

It's even worse if it's a criminal matter like alleged speeding. Then RM's general unreliability and the police not being obliged to obtain proof of delivery can force you to plead guilty to a crime you didn't commit, because there is no possible defence for non delivery.