Court Claim sent to wrong address even when correct address given

fivestarsamz

https://forums.moneysavingexpert.com/discussion/comment/81951476#Comment_81951476

Okay now i understand I have edited that point to this:

a) Stay any writ related to the the default judgment dated 24 March 2026 (Claim No. xxxxx) as it was not properly served at my current address.

But i mention "set aside" in the witness statment numerous time, do you advise I remove them all?

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

4.1.1    Thecourt must set aside the judgment if it was not properly served in accordancewith CPR 6.9, which requires that an individual be served at their “usual orlast known residence.”

4.2       Discretionary Set Aside (CPR 13.3)

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

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

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

6.1        I was unableto defend this claim. I believe that the Default Judgment against me should beset aside due to improper service, and the claim should be struck out as it iswithout merit, and fails to comply with the CPR. 

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 applicationrelies upon the 'mandatory set aside' rule in CPR 13.2 (in the alternative,13.3) in light of the above facts.

I have been reading the forum for hours now and I am only seeing WS to set aside judgment and no WS for the stay of the writ only.

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/81951482#Comment_81951482

thats fine, there is no separate WS to stay any writ, its just something you add on any application

However there is nothing to say there is active writ at this time (but i cant see what the images are). You are between a rock and a hard place with the payment required, you can not pay for a writ to be stayed at £15 @Coupon-mad if no writ has been issued so you would need to pay the full amount but you would get it back

However @Coupon-mad there is a technical way of dealing with these cases @ this stage which ensures a write does not get issued in the meantime and so therefore no stress to the OP

There needs to be two understandings here, one how DCBL and DCB Legal interlink., So cases start @ DCBL then go over to DCB Legal. When the legal process is finished with say a CCJ of what ever value it then returns to DCBL

If as you said its over £600 and the debtor is showing on the DCBL system as living in England and Wales there is a high chance a writ will be issued

However if on the DCBL system the resident is showing as living in Scotland then no writ will be issued as this is not possible. For something similar to happen in Scotland a convoluted process has to happen and they dont do this. I recently dealt with a 9K parking case where this worked

So if i were you i would down the DCBL app register and see if your case shows up when you try and link a case

If it does not then it means it is still with DCB Legal, just check on a weekly basis

If does then drop me a private message and ill assist by PM

Just to point out this does not stop or effect what you need to do with setting aside it just stops you getting a writ

fivestarsamz

https://forums.moneysavingexpert.com/discussion/comment/81951543#Comment_81951543

Okay noted. Just to clarify, and hoping I am not to sound too dumb, I am checking the DCBL app just to see if there is a writ being issued or not? But if i apply for the set aside, and pay the £313 now, the writ can't be issued so I may aswell do that, no? Since i can recover it later?

Is the advice to continue with the N244 form, WS, and draft order and submit it to the Local county? Wouldn't the Local county tell me if there's an active writ which can determine how much I pay? If it is active, I pay £15 to stay the writ, and this will in turn address the set aside automatically? If it not active, I pay £303 for the set aside before it even goes on the register, win due to the mandatory set aside pursuant to 13.2, and then get DCB Legal to reimburse me the cost?

fivestarsamz

I am also seeing advice that I should email DCB Legal first to try settle it via consent. Is that not something I should consider?

ChirpyChicken

You have got most of this correct

however you are just checking periodically to see if the case has been sent back to DCBL who would then possibly obtain a writ

A writ can still be issued if you make the application, that does not stop it as such, you may as well log the set aside application straight away yes

What was the date of the default judgment?, the CNBC will tell you if a writ has been issued

You are correct about paying the £15 fee instead if a writ has been issued, its all to do with timings

fivestarsamz

https://forums.moneysavingexpert.com/discussion/comment/81951643#Comment_81951643

The date of the default judgment was on 24 March 2026.
The friend (the defendant) called CNBC on 2nd April 2026, and no mention of a writ being issued, although he most probably did not directly ask.

Coupon-mad

But if i apply for the set aside, and pay the £313 now, the writ can't be issued so I may as well do that, no?

No. Not a good idea IMHO.

This is why:

An application slowly making its way through the system doesn't stop a writ and an ordinary £313 application to the very slow & incompetent admin centre at the CNBC won't even reach your local court until around June/July.

By which time, HCEOs will have visited & clamped your car or even walked in your door if you open it when the bell rings (if they get a writ) and started listing goods to seize & sell.

You would be living in fear of visits and having to hide your car in a garage for months.

I have another idea - that doesn't involve Scotland - and I will send you a pm.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81951640#Comment_81951640

I will send you a pm.

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/81951956#Comment_81951956

There's more then one way to skin a cat

However they could just email Sarah Ensall @dcb legal. But using little tools to beat parking firms at their own game is never a bad idea