Author Topic: CCJ - Application for setting aside judgment - Euro car parks - DCB Legal  (Read 72 times)

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I've been on the receiving end of a default judgment for a claim made by Euro car parks and DCB Legal.

The claim form was sent to our current address but we didn't receive it in time to respond to the claim within 14 days. It was mistakenly put through our neighbours letter box at a time when the house was vacant.

I applied to seaside the judgment as soon as I discovered its existence. The fee for this was £313. The judgement was made on 19th Nov and I applied to set aside on the same day.

The case was then bafflingly transferred to County Court St Helens.

I received a response back on 31st January saying the judge had considered the case and allocated the claim to the small claim track and a telephone hearing set for 25th March. On 24th Feb DCB legal file a Notice of Discontinuance with the court. I was surprised to discover this left the original CCJ in place and I've had to recontact the court for a hearing regarding setting aside the judgment.

My new hearing date is 21st May at St Helens Court, only this time it's an attended hearing and not via telephone. I'm based near Bath - it's an 8 hour round trip! I've asked the St Helens Court to reallocate to my nearest County Court in Bath and now awaiting their response. The claim is against my company so I'm not particularly hopeful.

I'm unsure where I now stand in terms of seeking any loss or damages from the case, whether the particulars of the case are still relevant or am I just applying to set aside judgment based on my not receiving the claim form. I've stated to the court my wish to claim losses in regards this case and highlighted the discontinuance as proof DCB never intended to take their claim to court. I've stated my belief DCB and Euro Car Parks are abusing the court system.

Any advice would be much appreciated.

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If you don't get prompt response to your correspondence with the court you may wish to try phoning them.

I'm getting deja vu here - there was a period of time (some point last year from memory) where we saw loads of cases transferred to St Helens for telephone hearings with seemingly no rhyme or reason.

It might be useful to show us the various orders from the court.

Until the claim is finally settled one way or another there are essentially two 'limbs' to the case - first, getting the judgement set aside and then, defending the case (although ECP have seemingly shown an appetite to discontinue this).

Before applying for a contested set aside, did you contact the claimant to see if they would agree to a uncontested set aside?

Thanks, I've tried calling. It's seemingly impossible to speak to St Helens Court - after 20 different options to select you end up speaking to someone who can't directly help.

I honestly thought my judgement had already been set aside. My initial correspondence from St Helens Court was a 'Notice of Allocation to the Small Claims Track (Hearing)'. Please see below.

https://imgpile.com/p/GOhmINm
« Last Edit: May 07, 2026, 12:34:34 pm by Sweets »