DCB Legal Ltd / Baysentry Solutions: CCJ Set-Aside Help — CitiPark Car Park

Bantas1234

Hi all,
I’m looking for advice on a private parking CCJ and my application to set it aside.

Background

I received a CCJ from a private parking operator relating to parking charges at a car park I used regularly. At the time, I was a frequent user of that car park and had over 50 parking sessions before and after the dates in question, all of which I paid for properly. This only became an issue on a small number of occasions when the payment process failed.

The problem was that I genuinely tried to pay, but the app gave an error and the machine/payment process was unreliable. I only had Apple Pay available at the time, and that also failed. On one occasion I also called the car park/customer service line to try and sort it out, and I have phone evidence for that. I also have screenshots of the app error and examples of other people leaving reviews saying they had the same issues with the app/machines.

What happened on the dates in question
• First time: I saw the app error and assumed it might be a temporary issue, or that I hadn’t been in the car park long enough for the system to register.
• Second time: When it happened again, I called the day after to try and pay just in case, but I was told it had to be done on the day.
• Third time: I called while driving out of the car park, but they still would not let me pay and said I had already left.
• On another occasion I also parked twice in the same day, which is relevant because it shows I was a regular user and not trying to avoid payment.

My evidence
I have now put together:
• Screenshots of the app error.
• A receipt showing I paid for one of the sessions.
• My phone bill showing I called the car park to try and pay.
• My full payment history showing I regularly used and paid at the car park.
• Google reviews from other users reporting the same technical problems.
• Witness statement from someone who was with me and saw the issues happen.
• Fit notes/medical evidence showing the impact this matter has had on my mental health.

Why I’m applying late
I wasn’t able to deal with this quickly because of a combination of personal and practical issue:
• Bereavements in the family.
• I was not living at home for a period.
• Work and mental health issues.
• It took a long time to gather the evidence I needed, including records from my mobile provider.
• It also took time to get the money together for the court fee after my Help with Fees application was rejected.

I also want to mention that I’m currently away for the next two weeks, but I’ve still been trying to phone them from here and I can’t seem to get through. I wanted to discuss a without prejudice offer because I’d like to prioritise removing this from my credit profile as soon as possible. I’m open to settling this sensibly if that helps avoid any further delay.

I submitted my original application earlier, then had to resubmit it after correcting the judgment date and making sure everything was in order. It is now with the court and waiting to be processed.

What I’m asking for
I’m trying to get the CCJ set aside because:
• I did try to pay.
• The payment system seems to have been the issue.
• I was a regular user of the car park and had many successful payments there.
• The amount at stake is tiny compared to the CCJ and the damage it has caused.
• The CCJ is now affecting me in practical ways, including credit/lending issues.

I’m also trying to see whether the claimant or their solicitor may agree to set aside or discontinue, as I’d rather settle this fairly than drag it through a hearing if possible.
If anyone has experience with:
• parking CCJ set-asides,
• dealing with claimant solicitors,
• whether judges tend to look kindly on app/payment machine failures,
• or how best to chase for consent,
I’d really appreciate any advice.

Coupon-mad

First: What's the date of the CCJ?

Was the claim form sent to your correct address?

Bantas1234

The date of the ccj was from October 2024. I was not aware of the ccj until I saw it on my credit report around January/February 2025. It was sent to my correct legal address but at the time I was temporarily living at another address so didn’t have an opportunity to respond within the initial time frame.

I initially submitted the N244 application in April 2025 after which it was rejected due to help with fees. Then I proceeded to obtain further evidence to support my case after which I suffered numerous events in my personal life including this ccj which took a significant toll on my mental health and wellbeing. I was signed off work due to my condition for a significant time period and I’m now recovering and attempting to resolve this major issue in my life.

Coupon-mad

I was signed off work due to my condition for a significant time period and I’m now recovering and attempting to resolve this major issue in my life.

…at the time I was temporarily living at another address so didn’t have an opportunity to respond within the initial time frame.

I initially submitted the N244 application in April 2025 after which it was rejected due to help with fees. Then I proceeded to obtain further evidence to support my case

OK, so you have an application in (but you had to pay the fee) and it is still live? Do you have a hearing date now?

Bantas1234

I’m currently awaiting a response from CNBC. It’s been about 4 weeks since I submitted the N244 form along with the correct fee (paid over the phone).

I’ve tried to email case progression at CNBC but to no avail. I have already served the application and evidence by post and email to DCB Legal but no response.

I’ve now emailed DCB legal with a “without prejudice” offer asking for them to consent to have it set aside along with payment of the original parking costs.

Coupon-mad

You should have done that first instead of paying that £315 fee. If they consent, then the fee would have been £129.

If they don't consent, carry on, honestly!