Two surprise CCJs from Smart Parking (moved house) Need help with N244

akmmm

Hi all – I've read the NEWBIES thread and the main surprise-CCJ threads. My case has a couple of twists so I'd be grateful for guidance.

• Two CCJs, ~£267 each, both Smart Parking, both for the same car park on the same day in 2022.
• Both: claim issued 11 May 2026, served 16 May, judgment 5 June → so 4 July is the 30-day mark.
• I appealed both PCNs originally (rejected). Received a BW Legal Letter of Claim in March 2025 (didn't respond). Then no LBC/claim form ever reached me – served at an old address.
• Addresses: moved temporarily to Address A in Oct 2025 (didn't update DVLA, but had a Royal Mail redirect). There were known Royal Mail delivery problems in that area, which I can evidence with a witness & written complaint. Moved again 3 April 2026 and did update DVLA.
• Found out only when I missed a DCB phone call, rang back, and discovered CCJ #1; a credit-file check then revealed CCJ #2.

Reason for PCN: both PCNs are for a single day's overstay at a water park (electronic ANPR entry/exit). I overstayed, topped up, then overstayed again before leaving – so they issued two charges. Both PCNs use the same evidence photos and the same Contravention Time (entry time). It seems plainly unfair to issue two charges for what is really one continuous stay – if I'd simply parked all day without paying it would only be one charge.

My questions:

1. The usual killer point is that the claimant "magically" found the new address after the CCJ. But DCB has only phoned – never written to me at all – so I can't show they knew my new address that way. Can I still rely on CPR 6.9 / 13.2 on the basis that years of no response should have prompted a trace?How should I structure the N244 / witness statement?
2. Do I have to wait for DCB to ignore/refuse a letter for 14 days before filing the N244, or can I send the letter and prepare/file the N244 in parallel?
3. Roughly how long does the whole set-aside process take from here?
4. In my situation, what would you estimate the chances of getting both CCJs set aside and getting the two application fees back?
5. If this proceeds to a hearing, how arguable is the parking charge side of things, and on what grounds?

Thanks very much in advance.

akmmm

Update: 14-day email sent to DCB Legal. Would really appreciate everyone's advice on the above points.🙏🙏

Coupon-mad

I think this one is better headed off with another approach, as it is ridiculous - and an abuse of the court process - that they filed two claims for the same parking event!

akmmm

https://forums.moneysavingexpert.com/discussion/comment/82052172#Comment_82052172

Thank you very much for the reply. I fully agree it's an abuse of process to bring two for one event.

Could you point me to the "other approach" you mention? I'm not sure how it differs from a standard set-aside, and I still feel I have a weak spot: DCB Legal has only ever phoned me, never written to my new address, so I can't show they found it after the CCJ. My stronger line seems to be CPR 6.9 / 13.2 – would you agree?

Honestly, I'd welcome a hearing – the charges themselves seem very defensible. I only ended up with default CCJs because I'd moved and never got the paperwork. So if there's a route that gets both CCJs set aside and puts the double-claim point before a judge, that's exactly what I want. Thanks again.

1505grandad

FWIW - would the following from the unregulated ppss CoP cover this situation?:-

https://www.britishparking.co.uk/write/Documents/AOS/Sector%20Code%20Templates/sectorsingleCodeofPracticeVersion1.1130225.pdf

"8.3. Parking operators must ensure that they only issue Parking Charges in accordance
with their advertised terms on any site. Such terms shall not entitle any operator to
issue more than one parking charge in the same calendar day for the same parking
event.

NOTE: In the event of a new calendar day, the operator must not issue a
further Parking Charge for the same parking event within a 12-hour period from
when the previous Parking Charge was issued. Where a vehicle is moved at
any point, this constitutes a new parking event."

akmmm

https://forums.moneysavingexpert.com/discussion/comment/82052255#Comment_82052255

Thank you so much. I'll do my homework on 8.3. At the very least it gives me a strong future argument that the second charge was never validly issued, as my car never moved.

Any guidance on the set-aside itself and the first charge (a genuine overstay)?

Hugely appreciated!

ChirpyChicken

Luckily DCB rarely defend set aside applications and send half hearted responses a week before the hearings

akmmm

https://forums.moneysavingexpert.com/discussion/comment/82052351#Comment_82052351

Thank you, that makes me feel a lot better. I won't pretend the set-aside stage isn't a painful process: living with a CCJ hanging over you affects so many everyday things, and on top of that I'm racking my brains over the wording to make the whole statement hang together. Once it's all over, I plan to write up the full process so that anyone who finds themselves in a similar position can learn from my case. Thanks again!

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82052434#Comment_82052434

I see you got my pm!

We are here to help, no need for you to do an application.