Free Traffic Legal Advice

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.

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

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?

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.

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:


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:


That covers the essentials the judge needs. Just show us what you have before you submit it so we can check it.

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:

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:

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.

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

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,