Free Traffic Legal Advice

You have not stated on what date you moved. Obviously your DVLA data was correct at the time the PCN was issued and you were aware of all correspondence up to the date you received the Letter of Claim (LoC).

Ignoring everything except the original Notice to Driver (NtD) which was left on the windscreen, the subsequent Notice to Keeper (NtK) and the LoC. Everyth8ng else, the reminder from UKPC, the rubbish from ZZPS and QDR, are irrelevant and we don’t care about them and neither should you.

Where is the NtD? Where are the Particulars of Claim (PoC)? You must contact the CNBC first thing on Monday and get them to email you(while you wait on the phone) the PoC from the N1SDT Claim Form. We need to see those.

I’m wondering why, when you obviously received an LoC that you didn’t either respond to it or inform them of your change of address when you knew that a county court claim was imminent. A simple email to DCB Legal and UKPC DPOs instructing them to update their records with your new address and to erase your old one, would have avoided this.

UKPC can only request your DVLA data once. They did that a month after they left the NtD on the car. If you change address after that date, updating your V5C makes no difference. They can’t check with the DVLA a second time before they issue a claim. It is your responsibility to send them a data rectification notice about your change of address for service of documents. Did you not have any mail redirection service after your move?

UKPC should have done a simple credit agency reference check before they issue the claim as the DVLA address is not to be used as evidence of an address for service. UKPC will claim that it was the last known address but as you did not respond to any comms from them, they should have done the necessary checks before issuing the Claim.

You will have to apply for a set aside under CPR 13.2 as the claim was not served properly. That is a mandatory set aside. You will also ask that in the alternative, the set aside should be granted under CPR 13.3 which is discretionary as you have a good prospect of defending the claim successfully.

There are two strategies going forward with the set aside. The first is applying for a set aside without consent which will cost you £303. This involves a hearing and you may or may not get the application fee back or it may be conditional on whether you are successful defending the original claim.

The danger is that if it is conditional on successfully defending the claim, you can guarantee that they will discontinue before any hearing. The aet aside WS will need to cover that possibility.

The second option is to request a set aside with consent which will cost £118. This involves getting UKPC to agree to the set aside because they did not serve the Claim to the correct address. However, they will only agree if you pay the outstanding claim too. You may be able to get them to reduce the amount of the claim slightly but they are greedy bar stewards.

As I mentioned, the court is obliged to set aside the CCJ under CPR 13.2. What you want to also do, is get the original claim dismissed at the same time and get your £303 costs back. No guarantees but a good chance that you can.

Had you come here as soon as you received the claim, you wouldn’t be paying a penny to UKPC as they would 99.9% for sure, discontinued the claim before any hearing.

For now, we need to see the NtD, if you still have it and, more importantly, the PoC. Once we’ve see those, we can put together your aet aside application.

You have two options to get this set aside. The first option is to get in touch with the DCB Legal who filed the claim on behalf of UKPC.

You can either request that the claimant agree to a set aside which will not involve a hearing and will cost £119. However, most claimants are greedy thugs and intellectually malnourished enough not to consent, thereby risking them being to being liable for the full costs. They hope most defendants aren't clued up enough to know how to go about this procedure.

The clamant may only agree to a set aside with consent as long as the defendant pays the £119 fee, which you should not agree to.

The second option is that you go for a set aside without consent which will involve a hearing and will cost £303. However, you can request that the clamant refund the fee. The judge may decide that the fee is "reserved" until the original claim is decided. The problem with this is that, DCB Legal will decide to discontinue the claim, leaving you with an uphill struggle to get the set aside fee back.

Here is a suggested letter that you should email to DCB Legal as a PDF attachment:

Dear Sirs,

UKPC Ltd v [my name]
Claim reference: [claim reference number]

In September 2024, I noticed that my credit score was in decline and had no idea why, so I requested a statutory credit report. On it, I saw a CCJ and a £283 charge issued by you on behalf of your client. This came as a tremendous shock as I never received any N1SDT Claim Form and was therefore unable to acknowledge or defend the claim.
   
I made immediate enquiries of the CNBC from which I was able to establish that:

1. the claim relates to an alleged parking event in December 2023;
2. the claim form was sent to an old address at which I no longer reside; and
3. if I had been given the opportunity to do so, I would have successfully defended the claim.

The last correspondence I received about this was a Letter of Claim (LoC) sent by yourselves on the 26th April 2024 which was redirected from my previous address. I had moved from my previous address [previous address] to my current address [current address] on the 8th April 2024.

I subsequently discovered that you obtained a CCJ by default on 19th June 2024.

I did not receive the N1SDT Claim form and was thus deprived of the ability to acknowledge or defend the claim. Both you and your client are well aware that people move home from time to time. You also know that there was no response or acknowledgement to the claim sent to my old address.

This situation is explicitly dealt with in the Civil Procedure Rules which provide at CPR 6.9(3):

(3) Where a claimant has reason to believe that the address of the defendant … is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

Your client is a member of the British Parking Association (BPA) and is bound by the BPA’s Code of Practice (CoP). The BPA CoP provides specific guidance to its Approved Operator Scheme (AOS) members regarding conducting due diligence before pursuing enforcement action, such as issuing a court claim.

In particular, Section 23.1(c) of the BPA CoP states that before issuing court proceedings, parking operators are required to take reasonable steps to ensure that they have the correct address for service for the defendant. This includes verifying whether the address used for previous correspondence (such as a Parking Charge Notice or debt collection letters) is still valid and checking whether the defendant has moved.

Operators are expected to use available resources to perform this due diligence, including methods such as:

1. Using tracing agents to check whether the defendant has updated their address.
2. Conducting soft searches via credit reference agencies to verify the current address.

Having failed to take these steps is a breach of the BPA Code of Practice. The claimants action has been unfair and is not compliant with best practices before escalating a case to litigation, particularly when it involves obtaining default judgments based on an outdated address.

As the claimant failed to meet these requirements, it is grounds for me to challenge the legitimacy of the claim and the resulting default judgment. Civil Procedure Rule 6.9(3) is relevant legislation and has not been implemented as required by the BPA Code of Practice.

If the claimant had taken the actions required by the Civil Procedure Rules and the Code of Practice, my current address would have been found easily.  If those actions had been performed at the correct time, I would not have been deprived of the ability to defend the claim.

By reason of the Claimant’s breach of the Civil Procedure Rules, which amounts to an abuse of the process of the Court, the claim form was never properly served and the judgment must be set aside under CPR 13.2 at the Claimant’s expense.

In view of the foregoing, I invite the Claimant to join with me in an application to set aside the judgment, with the Claimant paying the court fee and no order as to costs.

Please respond to the above offer as soon as possible so that, if the offer is acceptable to the Claimant, we can work together to right the wrong that the Claimant has done to me.

To give the Claimant a reasonable time to take instructions and for us to agree a suite of documents for the Court, I am willing to defer making a unilateral application to set aside the judgment until 4 pm on Tuesday 15th October 2024. If a joint application has not been made by that time, I intend to apply to the Court unilaterally for an order setting the judgment aside, striking out the particulars of claim, dismissing the claim and awarding costs against the Claimant on a full indemnity basis.

Pease respond by immediate return.

Yours faithfully,

This should be sent to info@dcblegal.co.uk and also CC in yourself. When they respond, show us. If they do not respond by the deadline, remind us and we will advise on the next step. Do not forget about this as time is of the essence.

It is over a week since the deadline. Time is of the essence. As they have failed to respond, you need to apply for a set aside without consent. Use this N244 form:

https://assets.publishing.service.gov.uk/media/65eb1c6b5b652445f6f21b01/N244_0622_save.pdf

Review the form and start filling it out.

You need to start drafting a Witness Statement for your application which will explain why you should have the CCJ set aside. Show us what you come up with and we will advise on how to tweak it. We will help you with a draft order too.

I will need to review all the info tomorrow.

Here is a slightly expanded version of the WS you may want to use:

Witness Statement of [Your Name]
Claim No: [Claim Number]
In the County Court at [Court Name]

1. I am the Defendant in this matter and make this statement in support of my application to set aside the default judgment entered against me on 19th June 2024, under CPR 13.2 and/or CPR 13.3. The judgment was obtained without my knowledge or the opportunity to respond or defend the claim.

2. In September 2024, I became aware of a decline in my credit score, which prompted me to obtain a statutory credit report. I was shocked to discover a County Court Judgment (CCJ) against me for £283, obtained by the Claimant. I had no prior knowledge of this claim, having never received the N1SDT Claim Form.

3. I immediately contacted the Civil National Business Centre (CNBC) and learned that the claim relates to an alleged parking incident in December 2023. I was informed that the claim form had been sent to my previous address, from which I had moved on 8th April 2024.

4. I had updated my address details with relevant institutions after moving, and I had received a Letter of Claim (LoC) dated 26th April 2024, which was redirected from my old address. I received no further correspondence from the Claimant, including the N1SDT Claim Form, which prevented me from acknowledging or defending the claim.

5. Under CPR 6.9(3), the Claimant was required to take reasonable steps to ascertain my correct address for service if there was any doubt about my residence at the previous address. Before serving the claim, the Claimant was obligated to verify that the address they had on file was still accurate. Despite having access to tracing methods recommended by the British Parking Association (BPA) Code of Practice, such as using credit reference agencies or tracing agents, the Claimant did not take these reasonable steps to confirm my current address, thereby failing in their duty.

6. Furthermore, as a member of the British Parking Association (BPA), the Claimant is bound by its Code of Practice, which stipulates at Section 23.1(c) that operators must take reasonable steps to ensure they have the correct address before issuing court proceedings. The BPA Code of Practice suggests operators use tracing agents or conduct soft credit checks to confirm the address, which the Claimant did not do. This failure is a breach of both the BPA Code of Practice and their obligations under CPR.

7. The failure to serve the claim form correctly constitutes a significant procedural error and justifies setting aside the judgment under CPR 13.2, as the judgment was irregularly obtained. Alternatively, under CPR 13.3, I have a real prospect of successfully defending the claim if given the opportunity. The Claimant's actions deprived me of a fair chance to defend this matter.

8. I would also like to draw the Court's attention to the pending appeal court case of VCS vs Carr. In that case, it was emphasised that the purpose of CPR 13.3 is to avoid injustice. While promptness is a consideration, the overriding objective is paramount. As in my case, I did not have an opportunity to defend the claim as I never received the N1SDT Claim Form. The lack of reference to the overriding objective by the Circuit Judge in Carr was a material issue, and similarly, I respectfully request that the Court considers what the justice of this case requires.

9. The Court of Appeal in Carr also noted that when a judgment in default is entered, all the circumstances of the case must be considered, as outlined in Denton v White. In my case, the Claimant’s failure to verify my address before issuing proceedings meant I had no opportunity to defend myself. In line with Carr, I believe this is a significant procedural error that requires a fair evaluation by the Court, considering the real prospect of a successful defence.

10. VCS vs Carr further supports the principle that where a defendant has not had the opportunity to contest the claim, irrespective of whether service was technically effected at a former address, the justice of the situation must prevail. I respectfully submit that in my case, I have been unjustly deprived of the chance to defend, which would result in unjust enrichment for the Claimant, as they were not entitled to the judgment obtained.

11. In support of my application under CPR 13.3, I also wish to provide details of the original incident. On 6th December 2023, the driver of the vehicle in question parked at Chichester Hospital, their place of work. A Private Parking Charge Notice (PCN) was issued, claiming that the vehicle had been 'parked for longer than permitted.' The driver did not display a ticket at the time. After receiving the PCN, the driver contacted their manager to request that the PCN be revoked internally, as the vehicle was parked in connection with their employment at the hospital. The driver reasonably expected the matter to be resolved internally, but later discovered that the manager had not contacted the claimants office as expected.

12. I submit that had I been given the opportunity to defend this claim, I would have raised these facts, including the mitigating circumstances of the driver's employment at the hospital and the reasonable belief that the PCN would be revoked through internal channels. Therefore, I have a real prospect of successfully defending the claim if given the chance to do so.

13. Additionally, I wish to address the reliability of the DVLA address data used by the Claimant to serve the claim form. The DVLA data, provided through the Keeper On Date of Event (KADOE) system, is only intended to allow parking operators to send a notice to the registered keeper of a vehicle, informing them of an alleged parking contravention. The KADOE system provides a snapshot of the keeper’s address at the time of the event and does not verify whether the address remains current.

14. Operators are required under the BPA Code of Practice and CPR 6.9 to take further steps to ensure the address is still valid before issuing court proceedings. In this case, the Claimant failed to do so. Even if I had updated my vehicle registration details with the DVLA (or if the DVLA failed to process a change of address), the Claimant had no means of knowing my current address through the KADOE system. It is therefore inappropriate for the Claimant to rely solely on this data as a valid court service address.

15. There is no safe presumption that a DVLA vehicle address is where a defendant can be served, as it may not reflect the defendant’s current residential address. In Collier v Williams [2006] 1 WLR 1945 (CA), LJ Dyson made it clear that claimants must take reasonable steps to ascertain a defendant’s current address and cannot rely on outdated information, stating, "knowledge in this context refers to the serving party's actual knowledge or what might be called his constructive knowledge, i.e. knowledge which he could have acquired exercising reasonable diligence."

16. This point has been echoed in other cases, such as MB Garden Buildings Ltd v Mark Burton Construction Ltd & Anor [2014] EWHC 431 (IPEC), where it was confirmed that relying on outdated address information without further verification fails to meet the standard of reasonable diligence. Similarly, in Dubai Financial Group LLC v National Private Air Transport Services Company Ltd [2016] EWCA Civ 71, it was stated that where a defendant has not become under a valid obligation to acknowledge service, judgment cannot be validly entered in default.

17. Considering the Claimant’s failure to take reasonable steps to verify my address and the resulting procedural unfairness, I respectfully submit that the judgment against me was obtained incorrectly and should be set aside under CPR 13.2. Alternatively, under CPR 13.3, I have a real prospect of successfully defending the claim, and I request the opportunity to do so.

18. I also ask the Court to consider ordering the Claimant to reimburse the £303 application fee should this request be successful, as the default judgment has caused me considerable distress and financial harm, including the negative impact on my credit file. The Claimant was offered the opportunity to consent to a set aside, which would have avoided the need for this application and its associated costs. However, the Claimant failed to respond to my request, forcing me to apply for a set aside without consent at a significantly greater cost. As a result, I have had to bear unnecessary financial and emotional strain, which could have been avoided had the Claimant acted reasonably.

19. In the matter of costs, I respectfully request:

• (a) Standard witness costs for attendance at Court, pursuant to CPR 27.14, and

• (b) A finding of unreasonable conduct by this Claimant, seeking costs pursuant to CPR 46.5, as their failure to engage with my reasonable request for consent to a set aside has caused unnecessary legal costs and delays.

20. Attention is drawn specifically to the possibility, often seen in cases involving this industry, of an unreasonably late Notice of Discontinuance. While CPR 38.6(1) states that the Claimant is generally liable for the Defendant's costs after discontinuance, this rule does not usually apply to small claims track cases under CPR 38.6(3). However, the White Book annotation 38.6.1 clarifies that costs may still be awarded in such cases if a party has behaved unreasonably, as per CPR 27.14(2)(dg). I submit that the Claimant’s unreasonable behaviour in failing to respond to my reasonable request and their continued pursuit of this matter has unnecessarily prolonged the proceedings and caused me to incur avoidable costs.

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.

Signed:


Date:

Here is the Draft Order to go with the application and WS:

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

[Claimant's Full Name]

Claimant

- and -

[Defendant's Full Name]

Defendant

---

DRAFT ORDER

Upon reading the Defendant's application to set aside the default judgment dated 19th June 2024, and the supporting witness statement:

IT IS ORDERED THAT:

1. The default judgment entered against the Defendant on 19th June 2024 be set aside.

2. The Claimant shall pay the Defendant’s costs of this application in the sum of £303 (the application fee) and the Defendant’s standard witness costs for attending any hearing pursuant to CPR 27.14, within 14 days of the date of this Order.

3. The Claimant shall, within 14 days of the date of this Order, file and serve a copy of the Particulars of Claim on the Defendant at [Defendant's current address] if the Claimant intends to continue with the claim.

4.The Defendant shall have 14 days from the service of the Particulars of Claim to file and serve a defence.

5. If the Claimant fails to comply with paragraph 3 of this Order, the claim shall be struck out without further order.

6. The Claimant shall pay the Defendant’s standard witness costs for attending any hearing pursuant to CPR 27.14.

7. The Court finds that the Claimant’s conduct in failing to verify the Defendant’s current address prior to issuing proceedings constitutes unreasonable behaviour under CPR 27.14(2)(g), and as such, the Claimant shall pay the Defendant’s additional costs of £[amount to be determined by the Court] within 14 days of the date of this Order.

Dated: [Date]

Option 5, you definitely want a hearing. You're paying the £303 for a hearing. If the claimant had consented to the set aside, they would only have had to pay £119 for the application without a hearing. They were given the opportunity to do so and failed to respond.

Option 6, I'd suggest 60 minutes.

Option 8, definitely a District judge.

Paragraphs 11 and 12 cover the defence that is going to be made if the set aside is made under CPR 13.3. There is no need to elaborate at this stage. This hearing is for the set aside and there is also a good chance that the claim will also be struck out at this stage.

If the claimant is given leave to re-serve the claim, then cross that bridge when we come to it.

Submitted the completed N244, Witness Statement, Order Draft, Letter of Claim, Response to DCB asking them to set aside, and current proof of address. Also paid the hearing fees.

Now waiting to hear back. Will keep you posted.