DCBL CCJ Set-aside application

courtconundrum304

Last Tuesday (27/10) I had the pleasure of opening a letter from DCBL regarding an unpaid CCJ. I've spent the last week reading the many cases posted here and I guess I'm making this post because as much as I've tried to understand every step I need to know, it is all still very confusing and overwhelming and I'm aware prompt action is needed. I'm looking for more exact help like how to fill out the N244 and what I need to send with it; it does seem like all roads lead to the newbies thread but I'm struggling to wrap my head around a specific step by step process. With my account on MSE now approved I guess I just want to add my case if that is okay within the rules, and would greatly appreciate any input.

My Case Regarding the Service

CCJ from DCBL, dated 11/09/26. Paying is out of the question as it's more than 30 days at the point I was even made aware.

It is another case of papers served to wrong address / defective service. Believe I'm asking for a set-aside under CPR 13.2

Contacted CNBC for PoC: Claimant is Parkingeye. Date of Issue: 17/08/26. Date of Service: 22/08/26. Date of Judgement: 11/09/26. Judgement by Default.

I moved from Cardiff to my parents house in the Midlands after I finished university at the end of June. I updated my vehicle V5C straight away. I'm unsure about if I had sorted my electoral registration. All my bank accounts / credit cards were registered at my parents address throughout uni. So unsure if I have a leg to stand on regarding where is 'reasonable' to locate me in the process as per CPR 6.9(3).

However, when the 'contravention' occurred was 05/08/2022, before I went to uni, and when all my details would have been registered to my parents' house that I am now living in again. So Parkingeye would have had the correct address right from the start 4 years ago when they first accessed my address via the DVLA.

Either way, all the service documents were served to my old address in Cardiff approximately 2 months after I left, thus I had no knowledge of any court case and was deprived of my right to defend myself. Funny how they seemed to find my correct address once a Judge has ordered me to pay them!

My Case Regarding the 'Contravention'

Now it is my understanding at present that I need a legitimate chance of defending the original case in order to have a chance at having the set-aside given. So the details of the case are as follows:

• I attended a pub that I had been to many times before without any knowledge of needing to take any action to validate my parking
• Said pub, had implemented ANPR cameras and a reg. plate tablet at one of its bars to ensure only patrons are parking there
• I was a patron on this fateful night, with a bank statement proving I spent money in the pub
• There are multiple bars and I did not see said tablet that I was required to enter my reg on as this was on a single bar which I did not use
• The carpark was unlit and it was dark, thus I did not see any signs instructing me to do so
• I had appealed this case back in 2022, stating the above reasons. It was rejected. But then I never heard anything about it since and had completely forgotten - where I even had to contact the CNBC before even thinking it was related to that.
  • Note: I had no clue there were internet forums dedicated to these things and just winged my appeal - I believe amounting to accepting that I was the driver through the language I likely used.

Particulars of Claim

I know this is relevant for building my defense.

1. The defendant (D) is indebted to the Claimant ( C) for a parking charge (PC) issued to vehicle **** *** at *The Pub Inn*.
2. The date of the contravention is 05/08/2022 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: Vehicle remained on Private Property in breach of the displayed T&Cs.
4. In the alternative the Defendant is pursued as the keeper pursuant to POFA 2012, Schedule 4.

AND THE CLAIMANT CLAIMS (don't know why they're shouting this bit lol)

1. £170.00 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 £0.01 until judgement or sooner payment.
3. Costs and court fees.

Where I'm At

I've written an email inspired by @troublemaker22, as suggested in the newbies thread, to both DCBL and Parkingeye inviting them to join me in a consented application for the set-aside. I have given them the suggested 2 week deadline, so now building my case and preparing everything needed to send off the N244.

Questions

1. Is what I need to prepare now to send with my N244: Draft Order; Defence; Witness Statement; Timeline?
   1. How lengthy do these needs to be and what point goes into each?
2. How do I answer the questions on the N244?
   1. Specifically, what court am I sending this to (CNBC or my Local)?
   2. And all questions 6-10 I'm unsure about.
   3. Do I attach the Defence, WS etc. into the box on the form. I do I submit them as separate documents in a folder together with the N244.
3. Do I have a sufficient case to have the case set-aside AND the claim thrown out? or does this just remove the CCJ and we start again with serving the claim which I'll have to fight separately or pay (begrudgingly)
4. Will I be able to claim for cost of the N244 application AND for my time? The time I've spent researching and preparing for this all, and the day of missed work.
   1. Does this jeopardise the whole case?
5. What actually changes if the claimant consents to the set-aside? Is it quicker? Does it save me money? Is there a better chance of a judge giving it? Or is there even a hearing?

If you're still reading by here - Thank you!! I've tried to be as encompassing with all the relevant details in this post but if there's anything further to know that will help you help me, do ask.

If I'm not supposed to be making this as a new post because it's a bit of a cookie-cutter case that has affected many before me and unfortunately many after me, then I'm sorry.

If I've asked a question where you're answer is gonna be 'look at the newbies thread', then can you please just attach the link to exactly what I need to look at as I've read that post top to bottom multiple times and I'm still left with many questions. I appreciate there is a lot of repeated themes on this forum but I am very stressed by all this and just really need the help.

Have a good evening all!

Coupon-mad

I'll see if help is available for you. There are ways to resolve these without a £321 application fee.

courtconundrum304

https://forums.moneysavingexpert.com/discussion/comment/82191222#Comment_82191222

Thanks for the comment. Do you mean in terms of the government 'help with court fees' or is there another route I am unaware of. I know that I don't qualify for any help with court fees.

Coupon-mad

No I don't mean that.

Have a look at the outcomes for these posters who also had CCJs:

@longtale_Parker

@jme85

@Cookie_Dough123

@0107shumaker

@StealthLady

@Teddy_Novak

courtconundrum304

https://forums.moneysavingexpert.com/discussion/comment/82191346#Comment_82191346

I've been and had a read of the threads posted by these users. A few are very useful, particularly the extensive thread by @StealthLady. Am I right in thinking that because the CCJ has already been issued by default, this isn't a case of appealing or mediating a solution with DCBL or Parkingeye - but rather using the N244 to use the courts to actively fight for a set-aside? From my understanding, the only way this is resolved without me paying is if they reply to my email agreeing to 'consent' with the application and they pay the court fee.

With the nature of these operators, I don't have much faith in them doing that and making this process any easier for me. As such, I'm already mentally prepared for a one-sided fight and parting ways with £300 odd - confident that the courts will see my side if presented well and order them to pay this money back. I'd only be concerned with paying this if there was a good chance I'd never see it again.

Coupon-mad

What you've missed is, they were all helped by the same poster (and it wasn't me) and they all had default judgments just like yours. In most cases no application is needed although your CCJ is over 30 days old, so it might be, but probably not at the £321 fee.

I'll send you a pm.

courtconundrum304

https://forums.moneysavingexpert.com/discussion/comment/82191772#Comment_82191772

yeah I've read through quite a few of the cases, I can see a few names recurring but none more than yours. I'm not sure exactly who you're hinting to as they seem to have multiple key contributors on each thread.
I am a bit confused as to how the CCJ can be removed without the application - and without the fee.

I'll look out for your PM, cheers.