DCB Legal/Smart Parking - Default CCJ/no claim form

pcdog

I received this Judgement in Default through the post yesterday, which is relate to a PCN by Smart Parking I first received back in end of 2022.

• Letter of Claim by DCB Legal dated 31/03/2026 (received on 08/04/2026) was the last document I received prior to CCJ
• CCJ dated 30/06/2026 (received on 07/07/2026)
• Called CNBC this morning to reveal Claim Form (which I never received) issued on 04/06/2026, addressed correctly to me
• PoC emailed to me by CNBC today; potentially useful to win the case but probably not so much for the set-aside?

My utmost question is, how likely would the judge set-aside in discretion if I submit N244 on the basis of purely not received the claim form?

I have read that letters are assumed delivered unless evident provided to proof otherwise. CNBC were not able to provide any evident/receipt from mailing provider. I also read the witness statement to go with N244 is only to give reason about not receiving the Claim Form, therefore no matter how genuine my defence to the PCN is, it would not help to gain the judge's discretionary set-aside?

Consider I am within 30 days, the "debt" is about the same amount as the fee for N244 (£313), am I cooked and better just surrender to the scammer and pay the amount and be done with?

I can give further detail on the PCN if it would help the current CCJ stage. You every help is greatly appreciated.

Gr1pr

You may well have to pay for a set aside based on non receipt, and try to claim it back

Or

You may get a pm from a trusted member regarding a quick resolution off the forum

You have time to wait, so see what happens over the next few days

pcdog

Thanks Gr1pr for your prompt reply.

Will plan my last resort resolution now just in case I need to take that step. If I were to give in and pay Smart Parking, I heard from the lady from CNBC that I will pay Smart directly, and they will notify the court to remove the CCJ. Knowing how clumsy Smart Parking an all other parties are (it took 7 days for the CCJ to reach me, for example), should I be making my payment on Day 20 to guarantee I don't exceed the 30 days and left a record on credit history?

Or I have to notify the Court myself once I paid? Hope I don't have to end up on this route. Cheers.

Gr1pr

You need to be more patient and not pay a penny yet. ?

I suspect that there will be a cheap and quick resolution by pm, not by me, but off here on the private grapevine

Leave the what ifs for a week or two, assuming that the default was recent ( 30th June. )

Post a redacted picture of the POC below, after redacting the VRM details first

pcdog

Alright sorry I was just getting bit too worried and in rage that this happened.

Will wait and look out for PMs. Yes the judgement was dated 30/06/2026. Thanks again.

POC:

Claim No: XXXXXXXX

Claim Form Date: 4 June 2026

Claimant: SMART PARKING LIMITED

Claimant solicitor: DCB LEGAL LTD (7451)

Telephone: 0203 434 0433

Reference: XXXXXXXXXXXXXXX

Judgment amount: £320.20

Particulars of claim:

1. THE DEFENDANT (D) IS INDEBTED TO THE      CLAIMANT (C) FOR
A PARKING CHARGE (PC) ISSUEDTO VEHICLE XXXXXXX AT TOTTENHAM HALE RETAIL 
PARK.                                       
2. THE DATE OF CONTRAVENTION IS 09/10/2022   AND THE D WAS ISSUED
WITH A PC BY THE        CLAIMANT                                    
3. THE DEFENDANT IS PURSUED AS THE DRIVER OF THE VEHICLE FOR BREACH OF THE
TERMS ON THE   SIGNS (THE CONTRACT). REASON: OVER FREE TIME.4. IN THE
ALTERNATIVE THE DEFENDANT IS       PURSUED AS THE
KEEPER PURSUANT TO POFA 2012, SCHEDULE
4.                                 AND THE CLAIMANT CLAIMS                     
1. £160.00 BEING THE TOTAL OF THE PC AND    
DAMAGES.                                    
2. INTEREST AT A RATE OF 8.00% PER ANNUM     PURSUANT TO
S.69 OF THE COUNTY COURTS ACT    1984 FROM THE DATE HEREOF AT A
DAILY RATE OF £0.04 UNTIL JUDGMENT OR SOONER PAYMENT.     
3. COSTS AND COURT FEES                                                                                            

Gr1pr

Ok, here is a question for you due to it being 2022 when Smart Parking failed to comply with Pofa2012

Can you definitely and truthfully state that you were NOT the driver on that date. ?

Answer, Definitely not the driver. ! ( but only if true. )

Or

Rather not say, or , don't know etc

Do not write any other answer on here as to who was driving, we aren't asking that question at all

pcdog

I definitely not the driver on that date.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82062707#Comment_82062707

Therefore you cannot be liable in law and they lied in the POC.

"If I were to give in and pay Smart Parking, I heard from the lady from CNBC that I will pay Smart directly, and they will notify the court to remove the CCJ."

She's wrong. The CNBC staff are hopeless. Obviously, when a Claimant uses a solicitor you never deal with the C direct!

"Yes the judgement was dated 30/06/2026."

OK there is time. Bear with me.