DCBL are instructed by their sister company, DCB Legal to try and recover the money, which is why they have the reference number in their correspondence.
You are not obliged to disclose your evidence at this stage simply because the claimant has requested it. Your obligation to disclose evidence depends on the procedural stage of the case and any directions issued by the court.
At this stage, the hearing is specifically to determine whether the default judgment should be set aside. The focus is typically on whether you have a real prospect of successfully defending the claim and whether there is a good reason you did not respond to the claim (obviously, you never received the claim form).
You are only required to provide sufficient evidence to support your application to set aside (e.g., a witness statement explaining non-receipt of the claim form, or reasons the claim might be defended successfully).
Civil Procedure Rules (CPR) do not require you to share all evidence with the claimant at this stage unless explicitly directed by the court. You can choose to withhold detailed evidence of parking payment until later stages of the proceedings, such as during the defence preparation after the judgment is set aside.
Ensure all evidence relevant to the set-aside application (e.g., proof of non-receipt of the claim form, and any preliminary defence points like evidence of payment) is submitted to the court in advance of the hearing or as per the court’s instructions. Decline to share evidence with the claimant now, citing the fact that the application for set aside has not yet been decided, and that disclosure of evidence will follow proper court procedure if the default judgment is set aside.
You might consider sending the following response to DCB Legal:
Dear DCB Legal,
Thank you for your recent correspondence regarding my application to set aside the default judgment.
At this stage, the matter before the court relates solely to the set-aside application. As such, I am not required to disclose evidence prior to the hearing unless explicitly directed by the court. I will, however, ensure that the court is provided with all relevant information to support my application.
Should the court grant the set-aside application, I will respond to the claim in full compliance with the Civil Procedure Rules, including disclosing any evidence required at that stage.
Yours faithfully,
[Defendant]
If the set-aside application is granted and the claimant eventually discontinues the case, you may be able to claim costs incurred in defending the matter. At the set-aside hearing, request a costs order against the claimant for the N244 application fee and any reasonable expenses (e.g., loss of earnings for attending the hearing, printing costs).
If the case proceeds but the claimant discontinues (you can bet that they will want to once it is defended), you can apply for costs under CPR 38.6, which allows for costs to be awarded against a claimant who discontinues.
Should the default judgment be set aside, you should prepare a strong defence (we can assist). Include evidence of having paid for parking. Any procedural irregularities in the claimant’s handling of the case (the PoC in the claim fail to comply with CPR 16.4). Highlight the claimant’s known history of discontinuing frivolous claims. Use legal arguments such as abuse of process (e.g., if their claim includes excessive charges or if they are deliberately issuing claims where they know the defendant might not respond).
As the claimant’s solicitor is part of a known bulk litigation practice, you should consider bringing this to the court’s attention. Provide evidence of the claimant’s history of discontinuing cases or issuing speculative claims to pressure settlements. This would strengthen your argument that the case lacks merit and that the claimant’s approach is exploitative.
If the claim itself is deemed frivolous or spurious (as you can demonstrate with your evidence of payment), the court may decide that the claimant should bear the costs of your N244 application. Even if the claim form was correctly addressed, the court should consider whether the claimant acted reasonably by obtaining the default judgment without verifying the defendant’s position, especially given the long history of correspondence.
The court may view that you had to incur costs unnecessarily because the claim was not substantiated or was speculative in nature.
You should clearly show that you did not receive the claim form (despite it being correctly addressed). You would have responded if you had received it (supported by your consistent engagement with prior correspondence).
The claim itself lacks merit, as demonstrated by your evidence of payment for the parking. At the hearing, you can request that the court orders the claimant to reimburse the cost of the N244 application and other reasonable expenses (e.g., loss of earnings for attending the hearing, postage, or printing costs).
Costs are awarded at the court’s discretion, based on the reasonableness of the claimant’s and defendant’s actions. Your argument is stronger if you can demonstrate the claim was unwarranted or lacked merit. You acted reasonably and promptly in applying for the set-aside. The claimant acted opportunistically by pursuing the default judgment without ensuring the claim was necessary.
If the set-aside is granted and the claimant subsequently discontinues the claim, you can then seek costs under CPR 38.6, which states that the claimant is liable for costs unless the court orders otherwise.
So, while the claimant may not have erred in addressing the claim form, you can still argue that the claim itself was frivolous and caused unnecessary costs. The court will decide based on the overall reasonableness of the parties' actions, so presenting strong evidence and making a clear request at the set-aside hearing is essential.
Here is a suggested costs application. You can give it to the judge on the day (prepare a copy for the claimant too) or you can send it to the court a few days before the hearing (again, copying in the claimant).
IN THE COUNTY COURT
Claim No: [Claim Number]
BETWEEN:
Euro Car Parks Ltd.
Claimant
- and -
[Defendant's Full Name]
Defendant
COSTS SCHEDULE
Hearing Date: [Insert Date]
Prepared By: [Defendant’s Name]
Defendant's Costs of Application to Set Aside Default Judgment
1. N244 Application Fee
Amount: £303.00
The court fee paid for filing the application to set aside the default judgment.
2. Loss of Earnings for Attending Court
Amount: £[Insert Amount, max £95 under CPR 45.2(1)(d)]
Reimbursement for loss of earnings or leave taken to attend the hearing. [Optional: Attach supporting evidence, e.g., payslip or employer’s letter.]
3. Travel Expenses
Amount: £[Insert Amount]
Cost of traveling to and from the court. [Optional: Include details of mode of travel and mileage, if applicable.]
4. Postage and Printing Costs
Amount: £[Insert Amount]
Expenses incurred for correspondence and preparation of the application.
Total Amount Claimed: £[Insert Total]
Grounds for Claiming Costs
• The default judgment was obtained despite the defendant not receiving the claim form, which is the basis for this set-aside application.
• The defendant has evidence to show that the claim itself lacks merit, as payment was made for parking, rendering the claim unnecessary and spurious.
• The claimant, along with their bulk litigation solicitor, is known for discontinuing claims that are defended, suggesting this matter would likely not proceed if the judgment is set aside.
•The claimant’s approach has caused the defendant to incur unnecessary costs, including the N244 application fee and related expenses, in addressing a frivolous and avoidable claim.
Statement of Truth
I believe that the facts stated in this schedule are true and that the costs claimed have been reasonably incurred.
Signed: [Defendant’s Name]
Date: [Insert Date]
