Court Claim sent to wrong address even when correct address given

fivestarsamz

Hello all! Hope all is well.

I am posting this on behalf of a friend.

Received a few PCN from MET parking Services Ltd when at my old address. Was in the middle of a house move so I ignored all letters until I received a 'Letter of Claim' from DCBLegal dated 12/12/25 to my old house. (The "contraventions" happened before my house move). I am good friends with the person who is now currently living in my old house, so they tell me whenever a letter comes in my name.

I moved end of July 2025.

I emailed DCBLegal with the new address on 22/12/25; see screenshot:

I got a reply via email regarding this on 16/01/2026 of the standard LOC is compliant, amount being genuine pre-estimate of the losses and about having 30 days etc etc. (let me know if I need to post the full email screenshot.

All good until a couple days ago, my friend told me about this letter… no prior letters before this about the actual court claim form:

So I am thinking out loud, I am guessing I need to get the judgment set aside. I am a bit new to this aspect.

Do i just fill out the N144 form or do I email the solicitor first? And is there anything else I should do? Any help would be appreciated.

Gr1pr

I would be phoning the CNBC in Northampton at 08:30 tomorrow, with the name and address and claim form reference number and find out where the claim form was actually sent to, plus the issue date from the top right of the claim form, plus a copy of the POC if possible too

Then think about a set aside based on the fact that they were provided with the correct address for the service of papers and the date they were informed

ChirpyChicken

Yes they will be liable for your costs

If they issued the claim at the wrong address when you gave them the correct address then this is an abuse of process

This opens up a spectrum on the costs angle. You may even wish to use contestor legal /saz solicitors for this if you want to hammer them on costs

Coupon-mad

As the claim is 4 figures, you will have to apply at your LOCAL court to stay the writ.

Good news is, that application only costs £15.

Bad news is, that level means HCEOs might call (knocking on the door at the old and your new address, any day including weekends) so you need to be quick.

More good news: you can counterclaim (later, after getting the writ stayed at a hearing) when it comes to defence stage because they've breached the DPA 2018.

You can make some money from this but firstly, apply to the local court.

If possible, emailing your N244 asking for an order to stay the writ (and for the Claimant to pay all your costs) TOMORROW with an attached WS proving that DCB Legal had your new address since December.

If all that seems daunting, you could do this and have it done for you…

"You may even wish to use contestor legal /saz solicitors for this if you want to hammer them on costs"

…as advised already…

but I am concerned that HCEOs will likely choose Easter weekend to come to both addresses.

DO NOT LET THEM IN. NEVER OPEN THE DOOR TO AN HCEO (BAILIFF).

If it were me I'd be ringing your LOCAL Court first thing - not the CNBC - and asking if there is a live Writ yet, and if there is, say you want to email over an urgent N244 and pay £15 to "stay the writ". Ask which email to send it to and how to pay the £15. Get it in!

fivestarsamz

okay, i am trying to understand the process of this the best i can.

https://forums.moneysavingexpert.com/discussion/comment/81946537#Comment_81946537

So, my friend called the CNBC court and was able to get the POC but not the date:

The court also attached some documents to the email they sent:
"Notes for N245 applying to vary judgment (individual).pdf"

"Notes for N244 set judgment aside (individual).pdf"
"N244.pdf"
"N245-eng.pdf"
"EX160 Applying for help with fee.pdf"
"How to apply for help with fee (EX160A) - for application made…pdf"


I am a bit confused as to whether I should go to CNBC or local court (uxbridge county court and family court).

So i'm guessing I don't need to email DCBL to ask them to set aside the judgment before submitted the N244?

Good news is, that application only costs £15.

@Coupon-mad can you clarify the £15 cost for the application? Does this cover the "set aside" application too, or just "stay the writ" cost and then I still have to pay the £313 cost of the "set aside" application, which I can recover later in a counterclaim?

My next step right now is to fill out the N244 form, and possibly the EX160 form, send to either CNBC or Uxbridge Court, along with a WS stating why the judgment should be set aside only! Nothing for why the PCN itself is not enforceable.

Am I on the correct path?

Coupon-mad

It's a back door way to stay the writ and you'll get a hearing, all for £15.

We've done it before. @ChirpyChicken will corroborate. If anything it's better to have a CCJ over £600 because this is cheaper and fast tracked because it is urgent and sidesteps the CNBC.

The N244 and your WS and Draft Order must go to your local court marked urgent and you want an order to STAY THE WRIT.

then I still have to pay the £313 cost of the "set aside" application, 

Nope. We've never seen a court do that. £15 gets the case rolling.

Do not mention set aside in the N244.

fivestarsamz

https://forums.moneysavingexpert.com/discussion/comment/81951438#Comment_81951438

Okay perfect, I am doing a Witness Statement and I will research what a draft order is and post it here for your opinions.

Then I will get my friend to call the court on Tuesday (tomorrow is bank holiday so I assume they will be closed) and ask if there is any Live writ yet. If there is, then ask to email of N244 and pay £15 to stay the writ as you mentioned. What if there is no Live writ yet? Do I still go for the same N244 and £15 stay the writ?

Also, i dont know if this is relevant, but the friend also has another Court claim from MET parking through DCBL for a different car, but they sent it to the correct address this time. See screenshot:

Coupon-mad

"If there is, then ask to email of N244 and pay £15 to stay the writ as you mentioned".

No, because this specific application is not done via the CNBC so you wouldn't ask them that. And they can't give legal advice and often tell people the wrong thing.

(The friend needs to start their own thread about the MET Southgate one).

fivestarsamz

So i have drafted up the witness statment below. What do you guys think?

I used this to help me write up the draft. https://forums.moneysavingexpert.com/discussion/comment/81579092/#Comment_81579092

But i have left out the Civil Enforcement Ltd v Chan (Luton County Court, August 2023) case points and the CPMS Ltd v Akande (Manchester County Court, May 2024) case points as I am unsure if they have any relevance in my case.

1 WITNESS STATEMENT OF DEFENDANT

1.1        I am XXX, and I am the Defendant in this matter. 

1.2        This is my supporting statement to my application dated 06 April 2026 requesting to:

(a)         Set aside the default judgment dated 24 March 2026 (Claim No. xxxxx) as it was not properly served at my current address.

(b)         Order for the original claim to be dismissed.

(c)         Order for the Claimant to pay the Defendant as reimbursement for any fee incurred by the Defendant as a result of the claim, plus the costs for attending the hearing.

2 INTRODUCTION

2.1        I was the registered keeper of the vehicle at the time of the alleged event.2.2        I understand that the Claimant obtained a Default Judgment against me as the Defendant on 24 March 2026. I am aware that the Claimant is MET Parking Services Ltd and that the assumed claim is in respect of unpaid Parking Charge Notices from 13/12/2024 to 10/01/2025.

2.3        I did not receive the claim form at my current address, despite knowing of my new address which I informed DCBLegal on email.

2.4The letter before claim dated 12/12/2025 was sent to my previous address. I replied to this via email on 22/12/2025, stating the current address as XXX and that any older address must be erased from their records. I got a reply to this email from DCBLegal on 16/01/2026.

2.5The occupants who are currently residing at the previous address informed me on 28/03/2026 of a letter from HM Courts & Tribunals service about the judgment against me due to not replying to the claim form. The claim form was not received.

2.6      I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address at which I did not reside. This has led to the claim being incorrectly served and an irregular judgment. 

2.7    The Claimant also held my email address (xxx) as they used it on several occasions to attach letters relating to the PCN. This email address could have been used as an alternative method by which service could have been notified or effected, per CPR 6.9(4).

2.8      Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered. Given that CPR 6.9 (3) was not met, CPR 13.2 applies and the CCJ must be set aside.

3 SEQUENCE OF RECENT EVENTS

3.1        I have responded to this matter as promptly as possible. I was not aware of the claim made against me until I visited the occupants at my previous 28 March 2026. I am acquaintance of the current occupants of my previous address at XXX. I have utilised these past days seeking guidance, learning and understanding the procedures of the court in this situation.

3.2On 2nd April 2026, I contacted Civil National Business Centre to get information of the claim and the copy of the Particulars of Claim.

3.3Today on 7th April 2026, I will be submitting my case to have an stay of writ and to fairly present my case.

3.4I believe the Claimant has behaved unreasonably in pursuing a claim against me at an address where I do not reside, despite holding my email address at the time of the claim and knowing my current address. I was therefore denied the opportunity to defend the claim. 

4 LEGAL BASIS FOR THE APPLICATION

4.1        Improper Service (CPR 13.2)

4.1.1    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.”

4.1.2    The claim was sent to xxx, an address where the Defendant no longer reside. The Defendant has moved to a different address, xxx, near the end of July 2025 and this was emailed to DCBlegal in response to their letter before claim on 22/12/2025.

4.1.3    The Claimant failed to take reasonable steps to ensure the claim was served at the Defendant’s current residential address, as required by CPR 6.9(3) The Claimant held my current email address and my current but ignored it.

4.1.4    This failure mirrors the principles established in VCS Ltd v Carr (CA-2024-001179, Court of Appeal, 4 March 2025), where the court held that claimants must take reasonable steps to ensure service is effective. The court emphasised that serving a claim at an outdated address, without reasonable diligence, renders the judgment void. Initial findings from the Court of Appeal hearing are provided separately for the court’s reference.

4.2        Discretionary Set Aside (CPR 13.3)

4.2.1  There are very good reasons to set aside this claim. The Defendant has good prospects of defending the claim, if served with one correctly. The alleged incident occurred within the grounds of Stansted Airport. This area is governed by Stansted Airport Byelaws 1997, made under the Aviation Security Act 1982. I have attached a map (Exhibit 1) clearly showing that the location (Southgate car park) is within the land covered by these byelaws.

4.2.2Land Governed by Byelaws is Not “Relevant Land” Under POFA

Schedule 4 of the Protection of Freedoms Act 2012 only applies to 'relevant land'. Paragraph 3(1) of Schedule 4 defines 'relevant land' and excludes land subject to statutory control, such as airport byelaws. Therefore, the Claimant cannot rely on POFA to hold me, as the registered keeper, liable for any unpaid parking charge.

4.2.3. The Claimant Has Not Identified the Driver

As the Claimant has not identified the driver and cannot transfer liability under POFA, there is no legal basis for pursuing me as the registered keeper. I am under no legal obligation to identify the driver and decline to do so.

4.2.4. The Claim is Without Merit and Should Be Dismissed

The Claimant has no cause of action against me. I respectfully request the Court strike out or dismiss this claim on the basis that no liability can arise under POFA and the Claimant has failed to establish any alternative basis for keeper liability.

4.2.5    On the basis of CPR 13.3:

(1)  In any other case, the court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why -

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

5 JUDICIAL PRECEDENT        

5.1        VCS v Carr (CA-2024-001179, Court of Appeal, 04 March 2025)

5.1.1    The Court of Appeal in VCS Ltd v Carr held that claimants must take reasonable steps to ensure service is effective. The court emphasised that serving a claim at an outdated address, without reasonable diligence, renders the judgment void.

5.1.2    The court also highlighted the importance of the overriding objective, which requires the court to consider the justice of the case. The Defendant in this case was unable to defend the claim due to improper service, and the judgment should be set aside to avoid injustice.

5.1.3    A transcript of this case has been included in Appendix D and the video link to the court hearing is below 

6 CONCLUSION

6.1        I was unable to defend this claim. I believe that the Default Judgment against me should be set aside due to improper service, and the claim should be struck out as it is without merit, and fails to comply with the CPR. 

6.2        In VCS v Carr - which is binding 2025 case law from the Court of Appeal - service was held to be invalid and the claim form had expired. Default judgment was rightly set aside and the claim was struck out as expired. 

6.4        The above cases form strong precedent upon which the court can rely to strike out the original claim.

6.5        I believe that I have a strong defence to the claim, and should it not be dismissed at the set aside hearing, I should (at the very least) have the opportunity to defend it properly. My application relies upon the 'mandatory set aside' rule in CPR 13.2 (in the alternative, 13.3) in light of the above facts.

6.6        I also ask the Court to order the reimbursement any payment incurred by the Defendant, including loss of earnings as a self-employed, as well as all the Defendant's Court attendance and other costs from the Claimant on an indemnity basis. The claim was not allocated to track, so costs are not dependant upon 'unreasonable conduct' and thus there must be costs in the case for the winning party, as also was the case in VCS v Carr.

APPENDICES

Letter before claim sent to my previous address

Email replying to DCBLegal LBC sent on 22/12/2025

Email replying to Appendix 2 from DCBLegal on 16/01/2026

Judgment for claimant (in default) send to my previous address dated 24/03/26

Particulars of claim from CNBC received on 02/04/26

Statement of Truth

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. 

Signed ________________

Date __________________

https://www.youtube.com/watch?v=FvK6XwAGHcs

fivestarsamz

https://forums.moneysavingexpert.com/discussion/comment/81951468#Comment_81951468

Wait, im getting confused… My apologies for my incompetence.

You said this:

If it were me I'd be ringing your LOCAL Court first thing - not the CNBC - and asking if there is a live Writ yet, and if there is, say you want to email over an urgent N244 and pay £15 to "stay the writ". Ask which email to send it to and how to pay the £15. Get it in!

So from this I gathered that I email my LOCAL Court (Uxbridge County court) the N244 form filled, the WS, and the £15??

Coupon-mad

Yes but I assumed you were ringing the CNBC to ask if there was a writ in play yet, because your local court might not know (DCB may have applied at any court for the writ, probably not your local one).

The CNBC will know. But don't ask them about your application because they'll wrongly insist you have to pay £313. Don't.

This is wrong. I specifically said DON'T put this in your WS or your court will charge you £313:

requesting to:

(a)         Set aside the default judgment 

Why not search the forum for:

Stay writ £15

Copy from other recent parking threads.