DCB Legal CCJ Set Aside – Abroad at Time of Service – Landowner Supports Cancellation

funnel2000

Hi all,

Looking for advice on a default CCJ from Britannia / DCB Legal.

Timeline:

• Early April 2024 – Moved UK address (no longer residing at the Portsmouth flat used for service).
• Early April 2024 – Alleged parking event at Greene King pub.
  (Registered keeper/address changed 5 days later.)
• May 2024 – Left UK and resided abroad (Thailand, then Bali).
• Sept/Oct 2024 (approx.) – Claim issued to Portsmouth address (not received).
• 18 Nov 2024 – Default judgment entered.
• 31 Jan 2025 – First became aware of CCJ while abroad.
• Jan–5 Mar 2025 – Contacted pub; landholder confirmed I was a genuine customer and chased Britannia multiple times.
• Mid-2025 – Returned to UK.
• Recently – CCJ affecting mortgage; emailed DCB Legal seeking consent to set aside under CPR 13.2/13.3.
• 7 days passed without reply; I called and was told the case is “under review”.

Evidence I have:

• Email trail showing landholder intervention.
• Written statement from pub confirming no breach.
• Proof I was abroad at time of service (flight confirmations etc.).
• I did not receive the claim form.

Questions:

1. Given I was no longer residing at the service address and was abroad when judgment was entered, does this lean toward CPR 13.2 (improper service) or is this likely to be treated under CPR 13.3 (discretionary)?
2. Am I being too patient waiting for DCB Legal to respond?
3. With the above facts, do I have reasonable prospects of set aside?

Trying to decide whether to proceed immediately with N244 or give them a short further window.

Any guidance appreciated.

Cheers for any help in advanced!

DE_612183

check the newbees thread - I think you request the CCJ set-aside not wait for them - and why would they do something which will ultimately lose them money?

Coupon-mad

• CCJ affecting mortgage; emailed DCB Legal seeking consent to set aside under CPR 13.2/13.3.
• 7 days passed without reply; I called and was told the case is “under review”.

I'd wait and see another 10 days then just do your N244 with a decent WS and Draft order & relying on VCS v Carr, as per recent examples.

funnel2000

I was thinking perhaps they would say we agree to consent if you pay it or some sort of arrangement like that? saving them court costs and they still get their money and I can get my credit score back?

I'm worried the time since i was issued it would be a problem for the set aside case

Coupon-mad

No - do not agree to pay it.

Because you had moved UK address in 2024 (you were no longer residing at the Portsmouth flat that was improperly used for service) your N244 application will be a mandatory set aside under CPR 13.2.

Not under 13.3 (discretionary set aside).

Therefore the need to 'act promptly' is NOT a concern in your case. Your set aside is mandatory. And using VCS v Carr you ask for your costs back and the expired claim to be dismissed all in one application hearing. Can you attend a UK hearing this Summer?

funnel2000

Okay that sounds promising, I can I am back full time in UK now so I absolutely can go to a hearing this summer.

Are the flight confirmations and employment contract (thailand) enough to prove I was not there when they sent out the letter?

I guess they'd argue I should have changed address with DVLA if I was going abroad? - thats the only bit I'm worried about

Coupon-mad

Are the flight confirmations and employment contract (Thailand) enough to prove I was not there when they sent out the letter?

Yes.

I guess they'd argue I should have changed address with DVLA if I was going abroad?

I don't see how you could. If you still owned that car then it has to be registered where it's kept. That address isn't about you, it's about the vehicle and one of their Lordships at the Court of Appeal in VCS v Carr remarked at his hearing that the DVLA address "is only a starting point". Not a set in stone service address for a Defendant.

You did miss a trick by not simply giving your non-UK address to the parking firm before they sued, and proving you were living and working or studying there. You'd never have been sued. They'd have written your PCN off.