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Live cases legal advice => Private parking tickets => Topic started by: abena0277 on August 31, 2025, 04:54:40 pm

Title: Re: received a judgement in default but have not received a Claim Form:
Post by: abena0277 on January 06, 2026, 01:59:24 pm
Hi all,
Happy New Year. I have today received the hearing date for the set‑aside application, which is scheduled to take place in March. I did not receive any response from DCB Legal to the letter I sent requesting confirmation of signatory authorisation.
My question is: what evidence will I need to present to the court at the hearing? Many Thanks.
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: abena0277 on September 29, 2025, 05:53:12 pm
Yes, I have, thank you. I will use this.
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: b789 on September 29, 2025, 05:03:08 pm
Have you paid for the N244 application already? If so, then you need to change that paragraph to:

Quote
Without prejudice to my primary position, given that my N244 has already been filed and the court fee has been paid, please confirm by return that you consent to the set-aside of the default judgment at your client’s cost and will (i) file/agree a consent order for the judgment to be set aside on the papers, (ii) request that the court deals with the order without a hearing, and (iii) reimburse my N244 fee in full upon confirmation of the order. Please also confirm that enforcement is stayed pending disposal of the set-aside.
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: abena0277 on September 29, 2025, 04:50:20 pm
Thank you very much, I will send this straight away. I have a question, though. Could you please clarify the statement below, as I have already paid for the set aside? Thank you.

Without prejudice to my primary position, given that my N244 has already been filed and no fee has yet been requested by the CNBC,
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: b789 on September 29, 2025, 02:15:00 pm
Send the following by email to info@dcblegal.co.uk and CC yourself:

Quote
Subject: Claim [Court ref] — Request for copy N1 and confirmation of signatory’s authorisation

Dear Sirs,

I am the Defendant (litigant in person). Following notice of a CCJ in default, I received the Particulars of Claim from the Civil National Business Centre by email on [date], but I have never been provided with the N1 (claim form) for this matter.

Please provide, within 7 days:
1. A copy of the N1 claim form, including the statement of truth and signature block.
2. The name, role, and authorisation basis of the individual who signed/verified the N1 and/or Particulars of Claim, together with confirmation that they were authorised to conduct litigation for the purposes of the Legal Services Act 2007 at the time. If you say they were authorised, please identify the statutory/regulatory basis (e.g. practising certificate/authorisation number).
3. If the N1/PoC were signed by Ms Sarah Ensall, please confirm whether she is an authorised person with a right to conduct litigation. Conduct of litigation is a reserved legal activity under the LSA 2007. Recent binding High Court authority confirms that unauthorised individuals may not conduct litigation, even under supervision.

If you cannot provide satisfactory evidence that the claim was issued and verified by an authorised person, I will place this correspondence before the court at the set-aside hearing, invite the court to disallow any fixed costs included in the default judgment, and seek my own application costs. I also reserve the right to report this to the SRA as a potential breach of the LSA 2007 and the SRA Principles.

Please confirm receipt and provide the requested material within 7 days.

Without prejudice to my primary position, given that my N244 has already been filed and no fee has yet been requested by the CNBC, please confirm by return that you consent to the set-aside of the default judgment at your client’s cost and will (i) file/agree a consent order for the judgment to be set aside on the papers, (ii) ask the court to process the order without requiring my fee, or, if the court nevertheless requests payment, (iii) reimburse me in full immediately on proof of payment. Please also confirm that enforcement is stayed pending disposal of the set-aside.

If you decline to proceed by consent on the above basis, I will place this letter before the court on costs. Your refusal to agree a cheaper, quicker route will be relied on when I invite the court to make an adverse costs order.

Yours faithfully,

[Full name]
[Postal address]
[Email]
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: abena0277 on September 29, 2025, 12:49:14 pm
Based on the SAR you have received, can you identify every person that has signed any document you received after the date of the initial claim? If so, does that document also make clear their position within the company (solicitor, paralegal, assistant etc.)? NO, the documents they send are the PCN and certificate of postage which says it was sent via hybrid mail.


If you are not sure, you need to send a warning shot across the bows of DCB Legal that you believe that persons unauthorised to conduct litigation have being doing so in your case and you require verification of every person that has signed any document is permitted to do so under the Legal Services Act 2007. ok, will do how do I go about that please?

Conducting litigation when not authorised is a criminal offence and must be reported to the SRA. I will hazard a guess that the original PoC were signed by Sarah Ensall who is NOT authorised to conduct litigation. When you obtained the details of the PoC, did they tell you the name of the person who signed them? No signature of that either. you are correct, it is criminal, they have disabled bays there and the PCN is based on a camera whilst entering and leaving.


Link to PoC received from CNBC https://imgur.com/a/kZTUHFf
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: b789 on September 29, 2025, 12:01:22 pm
There has been a very recent High Court appeal case that will have ramifications for the claimant and their legal representative. To understand better, you may want to read this thread:

Why the recent High Court appellate case of Mazur is very relevant to all cases we deal with here (https://www.ftla.uk/private-parking-tickets/why-the-recent-high-court-appellate-case-of-mazur-is-very-relevant-to-all-cases-/)

Based on the SAR you have received, can you identify every person that has signed any document you received after the date of the initial claim? If so, does that document also make clear their position within the company (solicitor, paralegal, assistant etc.)?

If you are not sure, you need to send a warning shot across the bows of DCB Legal that you believe that persons unauthorised to conduct litigation have being doing so in your case and you require verification of every person that has signed any document is permitted to do so under the Legal Services Act 2007.

Conducting litigation when not authorised is a criminal offence and must be reported to the SRA. I will hazard a guess that the original PoC were signed by Sarah Ensall who is NOT authorised to conduct litigation. When you obtained the details of the PoC, did they tell you the name of the person who signed them?
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: abena0277 on September 29, 2025, 11:00:37 am

I have received a reply to the SAR from the DPO at DCB Legal, and based on the information and having seen the original PCN, I remember parking in a disabled bay and displaying my blue badge. I haven't heard from CNBC yet after paying the fees for the set-aside. I will call tomorrow to follow up.
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: abena0277 on September 04, 2025, 12:11:00 pm
Thank you - all sent off, just need to call CNBC to make payment for the fees. Thank you for all your help really appreciate it. I will come back with an update when I get a response.
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: b789 on September 04, 2025, 10:58:34 am
So it’s a typical DCB Legal issued claim. This means that once defended, they will eventually discontinue.

The advice given covers that eventuality so you can recover the application cost.
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: abena0277 on September 04, 2025, 10:52:48 am

Link above but here it is, thank you
https://imgur.com/a/kZTUHFf
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: b789 on September 04, 2025, 10:15:10 am
Of course they don’t use recorded delivery which means you can rebut their presumption of delivery by insisting on proof of posting. If they cannot evidence such proof, then, according to the Interpretation Act, delivery cannot be presumed and therefore, there is no evidence that the claim was ever served.

Please show us the PoC.
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: abena0277 on September 04, 2025, 09:17:24 am
Thank you I will send it straight away.

I just had an interesting phone call with CNBC. Initially, they said they didn't have the PoC, but upon standing my ground, they sent it, so thank you for telling me not to get off the phone until it's emailed to me. I really appreciate it. They also said they don't have any proof of posting because they don't use recorded delivery and advised that I send the set aside to their applications email address.

Here’s the link for the PoC

https://imgur.com/a/kZTUHFf
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: b789 on September 04, 2025, 08:00:13 am
No. You need to be much more thorough and it needs to go directly to their DPO. So, address the following email to dpocontact@dcblegal.co.uk and you CC response@dcblegal.co.uk and also yourself:

Quote
Subject Access Request – [Your Name] – [Claim or reference number: Reference Number]

Dear Sir or Madam,

I am writing to you as the data subject under Article 15 of the UK General Data Protection Regulation and the Data Protection Act 2018.

Please supply the personal data you hold about me, which I am entitled to receive under data protection law. This includes, but is not limited to:

1. A full copy of all personal data you hold about me in any form (electronic, paper, or otherwise), including correspondence, notes, logs, call recordings, and internal communications.

2. Copies of all correspondence, notices, and letters you claim to have sent to me, including any Letter of Claim.

3. Metadata and/or system notes showing the date each such document was generated and issued.

4. Proof of posting for every item of correspondence sent to me, including the method of posting, date, and location. If you cannot provide proof of posting, please confirm this in writing.

5. Copies of all data you have received from third parties (such as the parking company or their agents) relating to me.

6. Records of any data sharing, including with the County Court Business Centre or the Claimant.

7. The source of my personal data, if not collected directly from me.

Please also confirm:

• The purposes for which you are processing my data.
• The categories of personal data concerned.
• The recipients or categories of recipient to whom my data has been or will be disclosed.
• The envisaged retention period for my personal data.[/indent@]

For the avoidance of doubt, I expressly rebut any presumption that a Letter of Claim was served on me. You are therefore put to strict proof that it was in fact posted. Proof of posting is required in order to rely on the presumption of delivery.

This request is made in full knowledge that you have already used my personal data to allegedly issue a Letter of Claim, commence proceedings via the Civil National Business Centre, and obtain a default judgment. Accordingly, there can be no reasonable requirement for you to seek further identification before responding.

Please treat this as a Subject Access Request. I require the information to be provided within one calendar month as required by law.

Yours faithfully,

[Your full name]
[Your address]
[Your reference/claim number]
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: abena0277 on September 03, 2025, 02:03:00 pm
Ok, thank you - will do that first thing tomorrow morning. Please could you have a look at the SAR below if it's ok to send?

I'm sending it to response@dcblegal.co.uk. This is their email I found online. Thanks

Dear DCB Legal,

I am writing to formally request a copy of the personal data you hold about me, which I am entitled to access under the Data Protection Act 2018. Specifically, I would like to obtain:

A copy of the Letter of Claim (LoC)
Proof of posting related to the LoC

Please note that under data protection legislation, you are required to respond to this request within one calendar month of receipt.
Kindly confirm that you have received and read this request.

Yours sincerely,
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: b789 on September 03, 2025, 01:56:28 pm
Not sure that is the correct number. That is from the old CCBCn nit the CNBC. This the number that I know does work: 0300 123 1056.

It is best to call first thing in the morning, at 8:30 to avoid long waits.

Whilst on the phone, ask them to email you the PoC and don’t hang up until you have received them. Also ask them who to contact for proof of posting of the claim as you are rebutting the presumption of delivery.
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: jfollows on September 03, 2025, 01:19:19 pm
You need to contact the County Court Bulk Centre on 01604 619 400 selecting option 6 to speak to the customer helpdesk. They will ask you for the information regarding the claim, and then be able to provide you with further details about who the money is owed to.

https://www.moneyclaimsuk.co.uk/ccbc.aspx
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: abena0277 on September 03, 2025, 01:15:58 pm
Thank you, this is brilliant!!!

I haven't contacted CNBC yet as I'm having trouble finding the correct email. I have looked in the Mailboxes doc in the 'Read This First' post, but I don't know which email I should send the request for the particulars of the claim and the issue date. Do you have an email, please? Or should I send it to the Applications.CNBC@justice.gov.uk?
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: b789 on September 03, 2025, 11:36:47 am
For Q5, you should definitely request a hearing. Do not agree to it being decided on the papers. At a hearing, you’ll have the chance to explain directly to the judge what has happened. In many cases the claimant doesn’t bother to attend, so you may have the judge’s full attention without challenge.

Regarding evidence of postal problems, anything you can show is useful, even if it’s just a transcript of previous interactions about missing post. It helps to show a consistent pattern.

Remember that the presumption of delivery of both the Letter of Claim and the claim form can be rebutted. Under the Interpretation Act 1978, once you state you never received them, the burden shifts back. The claimant must then show proof of posting, and the court service centre (CNBC) must do the same for the claim form. Neither DCB Legal nor CNBC use recorded delivery, so they cannot rely on “proof of delivery” — they must be able to produce proof of posting.

Have you contacted the CNBC yet? You should ask them for a copy of the Particulars of Claim and the issue date of the claim. At the same time, tell them that you never received the claim form and that you are challenging the presumption of delivery. Make clear that you require proof of posting if they are to rely on it.

Use something like this for your WS:

Quote
In the County Court
Claim number: [Claim number]
Between ParkMaven Ltd (Claimant)
and
[Your full name] (Defendant)

Witness Statement (supporting N244 application)

1. I make this statement in support of my application to set aside the default judgment dated 20 August 2025.

2. I did not receive a Letter of Claim from the claimant’s solicitors prior to proceedings being issued, nor did I receive the claim form from the court. I only became aware of the matter when I received the default judgment. I acted promptly in making this application once I became aware of it.

3. I have experienced continuing issues with unreliable post at my address. I can provide evidence of missing or misdelivered items to demonstrate that postal service to my property has been erratic.

4. The presumption of delivery under the Interpretation Act 1978 is rebuttable. Having clearly stated that neither the Letter of Claim nor the claim form were received, the burden is on the claimant and the Civil National Business Centre to provide proof of posting if they seek to rely on that presumption. Neither uses recorded delivery, therefore they must be able to produce at least proof of posting.

5. I have contacted the Civil National Business Centre to obtain a copy of the Particulars of Claim and the issue date. I have also put them on notice that I challenge the presumption of delivery and require proof of posting.

6. A Subject Access Request was sent to the claimant’s solicitors on [insert date] requesting copies of the Letter of Claim and any proof of posting. They have 30 days to respond. At present I have no evidence that a Letter of Claim was ever served. I put the claimant to strict proof of service of both the Letter of Claim and the claim form.

Real Prospect of Defence

7. I also submit that I have a real prospect of successfully defending this claim should it proceed. I am a Blue Badge holder with protected characteristics under the Equality Act 2010. If the claimant issued a Parking Charge Notice against my vehicle without making reasonable adjustments for my disability, then the charge is unlawful and unenforceable.

8. I further believe the claimant’s signage and contractual terms will not withstand scrutiny. Based on my past experience with private parking operators, their notices often fail to comply with the Protection of Freedoms Act 2012, and the amount claimed is likely to include sums that constitute an abuse of process. These are all valid grounds of defence that I intend to raise in full once the Particulars of Claim are disclosed.

9. Accordingly, even if the court were to conclude that the claim form was served, there remains a good reason to set aside judgment under CPR 13.3, as I have a realistic and arguable defence and I acted promptly upon discovering the judgment.

Costs

10. I recognise that the service of the claim form is the responsibility of the Civil National Business Centre rather than the claimant. I therefore do not suggest that the claimant should be held responsible for any fault in that process.

11. However, I did not receive a Letter of Claim from the claimant’s solicitors before proceedings were issued. This is a requirement of the Pre-Action Protocol for Debt Claims. I have submitted a Subject Access Request to the claimant’s solicitors to obtain a copy of the Letter of Claim and proof of posting. Unless they can provide evidence that it was served, they will have failed to comply with the Protocol. In that case, I will ask the court to consider whether the £313 application fee should properly be borne by the claimant, as their failure to follow the required pre-action steps gave rise to unnecessary litigation.

12. In addition, if the claimant chooses to discontinue the claim following set aside, I reserve the right to seek recovery of my £313 under CPR 38.6 and CPR 27.14(2)(g). To discontinue after forcing me to incur the costs of this application would amount to unreasonable conduct.

Statement of Truth

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Use the following as your draft order:

Quote
Draft Order

Upon the application of the Defendant dated [insert date], and upon reading the evidence filed, it is ordered that:

1. The default judgment dated [insert date of judgment] be set aside pursuant to CPR 13.2 and/or CPR 13.3.

2. The Claim is reinstated.

3. The Claimant shall within 14 days of service of this order file and serve evidence of service of any Letter of Claim relied upon.

4. The Defendant shall file and serve a Defence within 14 days after the Claimant has complied with paragraph 3, or within 14 days of the court confirming that no such evidence is produced.

5. The Claimant shall pay the Defendant’s costs of this application, being the £313 court fee, unless the court is satisfied that the default judgment arose solely due to a failure of service by the court.
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: abena0277 on September 03, 2025, 10:15:16 am
Thank you very much
Please see link to my completed N244, draft order and  evidence from Amex chat about a replacement card which I never received.

https://imgur.com/a/yLdJhfh
https://imgur.com/a/VABbNSj
https://imgur.com/a/Itz9GVi


Title: Re: received a judgement in default but have not received a Claim Form:
Post by: b789 on September 02, 2025, 08:09:27 pm
For Q3, you should write that you are asking the court to set aside the default judgment because you never received the claim form and therefore had no opportunity to defend. State that you are applying under CPR 13.2 and CPR 13.3. That wording covers both the mandatory set aside (if the court accepts the claim was never served) and the discretionary set aside (because you acted promptly and have a reasonable defence).

For Q4, you need to provide a short draft order showing what you want the judge to make. You do not need to overcomplicate this. Something like:

1. The default judgment dated [insert date] is set aside.
2. The defendant shall file and serve a defence within 14 days of the date of this order.
3. The claimant shall pay the defendant’s costs of this application.

Alongside the draft order you also need to attach your witness statement, which is your evidence. In that you explain that you never received the Letter of Claim or the claim form, that you only became aware of the case when you saw the default judgment dated 20 August, that you have had issues with unreliable post, and that you acted promptly once you found out. You can also explain that a Subject Access Request has been sent to the claimant’s solicitors asking for a copy of the Letter of Claim and proof of posting, and that you put them to strict proof of having properly served it. Make clear that even though you are waiting for their response, you are applying now to avoid any delay. You can also mention you hold a Blue Badge and therefore may have a valid defence under the Equality Act if the claim continues.

For Q9, you simply state that the application should be served on the claimant, which in practice will be via their legal representative DCB Legal. The court will take care of service, you do not need to serve it yourself.

In short:

Q3: Say you want the judgment set aside under CPR 13.2 and 13.3.
Q4: Provide the short draft order and attach your witness statement.
Q9: Write that the application should be served on the claimant through DCB Legal.

That covers the essentials the judge needs. Just show us what you have before you submit it so we can check it.
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: abena0277 on September 02, 2025, 07:04:38 pm
Thank you. I have started completing the N244 form, but I'm stuck on Q4 and Q9

For Q4 - how do I prepare the draft evidence, please?
Q9 - Do I serve the application to the claimant, which is Parkmaven or DCB legal?
Q3 - Should I say I am asking the court to set aside a judgment against me because I did not receive the letter of claim, and I am applying under CPR 13.2 and CPR 13.3?
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: b789 on September 02, 2025, 03:33:14 pm
You will have to apply for a set aside which will cost £313. You must send a SAR to DCB Legal making sure you receive a copy of the Letter of Claim (LoC) and evidence of it having been posted.

You will also have to contact the CNBC and get them to snpend you the Particulars of Claim (PoC) and the issue date of the claim. Tell them you never received the N1SDT claim form and you will require evidence of it having been posted as you can rebut them saying it was sent without this proof.

If you can also evidence issues with your post being unreliable or erratic, keep that handy. You will be applying for a set aside under both CPR 13.2 and 13.3.

If DCB Legal cannot evidence having posted the LoC, you can claim your costs (£313) back from them. If the court believes that the claim was never served correctly, especially if there is no evidence it was posted to you, it is a compulsory set aside.

Even if there is evidence of posting either the LoC or the claim form (doubtful), the court has discretion to set aside the CCJ as there is a good chance you have a defence to the claim.
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: abena0277 on September 01, 2025, 04:59:29 pm
I don't think so -there's been problems with our post, so not sure if I received one.
Title: Re: judgment in default, but have not received a Claim Form from DCB Legal
Post by: DWMB2 on September 01, 2025, 04:29:50 pm
since I have a blue badge, I ignored it.
A note of caution for future cases - a blue badge is not a "park anywhere badge" - it has no official status on private land, and you must ensure that you read the terms and conditions advertised in the car park. You cannot ignore a private parking charge simply because you have a blue badge.

You mention no claim form having been received, did you receive a Letter of Claim from DCB Legal, prior to this?
Title: judgment in default, but have not received a Claim Form from DCB Legal
Post by: abena0277 on September 01, 2025, 04:21:53 pm
Background- I received a PCN with an issue Date in 2024 in the post this year. I don't remember where and how this was issued, and since I have a blue badge, I ignored it. Fast forward, I received a judgment in default with no claim form. I can't find the PCN, and I've had a lot of issues with our post, so subsequent letters would have been lost in the post. Please see below a copy of the judgment in default. Please could I get advice on what to do next? I have away, so just got back to this letter dated 20 August. Thanks.



https://imgur.com/a/odEtnKv
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: abena0277 on August 31, 2025, 10:36:38 pm
Background- I received a PCN with an issue Date in 2024 in the post this year. I don't remember where and how this was issued and since I have a blue badge I ignored it. Fast forward I received this a judgment in default with no claim form. I can't find the PCN and I've had a lot of issues with our post so subsequent letters would have lost in the post. Please see below copy of judgment in default.



https://imgur.com/a/odEtnKv
Title: Re: received a judgement in default but have not received a Claim Form:
Post by: DWMB2 on August 31, 2025, 05:20:11 pm
Welcome to FTLA.
To help us provide the best advice, please read the following thread carefully and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
Title: received a judgement in default but have not received a Claim Form:
Post by: abena0277 on August 31, 2025, 04:54:40 pm
Hi, I have received a judgment in default, but have not received a Claim Form from DCB Legal in CNBC. Could you please advise on my next steps? Thank you.