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#Post#: 97673--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: jimimac Date: November 11, 2025, 6:56 am
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Yes i moved in Jan 2025 but updated my address on my licence and
V5 right away.
HTML https://drive.google.com/file/d/13smOzZdDofSUyQTMyAdYtXWXVXFojs-C/view?usp=sharing
#Post#: 97675--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: DWMB2 Date: November 11, 2025, 7:02 am
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And did you inform the parking company?
#Post#: 97676--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: jimimac Date: November 11, 2025, 7:04 am
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No i didnt - I was told to ignore all correspondance from DCBL.
The parking company is Elite Car Parking Management Ltd
#Post#: 97677--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: jimimac Date: November 11, 2025, 7:06 am
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I Should add that i have been to my old address to collect post
a number of times this year and there was no LoC
#Post#: 97724--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: b789 Date: November 11, 2025, 12:12 pm
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You must apply for a mandatory set aside under CPR 13.2. The
claimant is under an obligation to make sure that if they
receive no response to anything that the person they are
pursuing still resides at the last known address.
Updating your V5C and drivers licence after you have received
the original PCN means nothing. They were only allowed a single
bite when they refused your DVLA data at the time. They cannot
go back for it again.
All they had to do was a soft credit search and they would have
likely found your current address. They didn't. Of course, if
you'd remembered to update your address for service with them,
this could have been avoided. However, that is not really your
fault if they had not yet initiated any proceedings.
It will cost £313 to apply for the set aside but you will ask
for those costs to be paid back as the claimant has acted
unreasonably because they did not make any effort to find your
current address after they did not receive any response to the
LoC.
It just means that this is now dragged on for much longer than
it would have.
Your very first act must be to phone the CNBC, preferably very
first thing in the morning to avoid very long hold times. You
must ask for the Particulars of Claim (PoC) to be emailed to
you, while you wait on the phone. Also, get confirmation which
address they used for service and the date the claim was issued
and who, if anyone, represented the claimant.
This is all very important information that is needed for the
set aside application and will also firm that if the claim was
not served within 4 months of issue, it must be struck out. You
need to act promptly.
Once set aside, the CCJ will be totally expunged from the
record. It will not affect any credit applications in future.
So, first thing is to get the information I explained above,
from the CNBC. Once you have that, show us the PoC and tell us
who the claimant is (original images have been deleted) and, I
am going to presume that they were represented by DCB Legal, but
please confirm.
Once I have that info, I will guide you through the set aside
application and process.
#Post#: 98800--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: jimimac Date: November 19, 2025, 8:35 am
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Thank you i will get on with this
#Post#: 98810--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: jimimac Date: November 19, 2025, 9:08 am
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Ok I have the particulars of claim (attached)
the address used for service is "194a Highamhill Road, E17 5RQ"
- my old address
the claim was considered served on 7th april 2025 - he couldnt
tell me when it was issued
the claimant is "ELITE CAR PARKING MANAGEMENT LTD"
the claimant solicitor is "DCB LEGAL LTD"
Please let me know any other info you need and i really
appreciate your help.
PoC...
Claim No: M8KF60F5
Claimant: ELITE CAR PARKING MANAGEMENT LTD
Claimant solicitor: DCB LEGAL LTD
Telephone: 0203 434 0433
Reference: 117098.4059D
Judgment amount: 284.20
Particulars of claim:
1. THE DEFENDANT (D) IS INDEBTED TO THE CLAIMANT (C) FOR A
PARKING CHARGE(S) (PC) ISSUED TO VEHICLE YD19VPA AT EDDINGTON
4HR ZONE, CAMBRIDGE, CB3 1AD.
2. THE DATE OF CONTRAVENTION IS 27/09/2024 AND THE D WAS
ISSUED WITH PC(S) BY THE CLAIMANT
3. THE DEFENDANT IS PURSUED AS THE DRIVER OF THE VEHICLE FOR
BREACH OF THE TERMS ON THE SIGNS (THE CONTRACT). REASON:VEHICLE
NOT REGISTERED ON JUST PARK APP OR DISPLAYING PANDD
TICKET 4. IN THE ALTERNATIVE THE
DEFENDANT IS PURSUED AS THE KEEPER PURSUANT TO POFA 2012,
SCHEDULE 4. AND THE CLAIMANT
CLAIMS
1. £170 BEING THE TOTAL OF THE PC(S) AND DAMAGES.
2. INTEREST AT A RATE OF 8% PER ANNUM PURSUANT TO S.69 OF THE
COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATE OF
£.02 UNTIL JUDGMENT OR SOONER PAYMENT.
3. COSTS AND COURT FEES
#Post#: 98831--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: b789 Date: November 19, 2025, 10:46 am
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So, the claim was never served within 4 months, therefore it
cannot be revived after set aside. Before submitting a contested
N244 application for set aside, you should give the claimant an
opportunity to consent to a set aside which is cheaper for them,
If they don't agree, then you file your own N244 contested set
aside.
Foer now, you should email the following to info@dcblegal.co.uk
and CC yourself. You attach the separate draft order as a PDF to
the email:
[quote]Subject: Elite Car Parking Management Ltd v [My Full
Name] – Claim M8KF60F5 – Default Judgment and Proposed Consent
Order
Dear Sirs,
Re: Elite Car Parking Management Ltd v [My Full Name]
Claim No: M8KF60F5
Your Ref: 117098.4059D
I write as the Defendant in the above claim.
I recently discovered, via my credit file, that a default County
Court Judgment was entered against me in April 2025. Prior to
that, I had received no Letter of Claim, Claim Form or judgment
at my current address and had no knowledge of the proceedings.
Background and mis-service
In brief:
[indent]• The alleged parking event is dated 27 September 2024
at “Eddington 4hr Zone, Cambridge, CB3 1AD”, relating to vehicle
YD19 VPA.
• On that date, the driver paid for parking via the JustPark app
for that vehicle and location. The booking remains visible in my
JustPark account and is supported by the corresponding card/bank
transaction. Your Particulars of Claim, which allege “vehicle
not registered on Just Park app or displaying P&D ticket”, are
therefore factually wrong.
• The only correspondence I actually saw was a DCBL debt
recovery letter around 18 November 2024, sent to 194a Highamhill
Road, E17 5RQ.
• I moved out of 194a Highamhill Road in January 2025 to my
current address at [current address] and promptly updated my
address with the DVLA (V5C) and on my driving licence.
• I have since been informed by the Civil National Business
Centre that the claim was treated as served on 7 April 2025 and
default judgment entered shortly thereafter, all to the old
Highamhill Road address.[/indent]
I did not receive any Letter of Claim, Claim Form or judgment at
my current address and therefore had no opportunity to respond
or defend the claim.
CPR 6.9(3), PPSCoP section 10.1 and Carr v VCS
You and your client are experienced bulk litigators. No initial
NtK was ever received yet you sent multiple items of
correspondence (debt recovery letters, Letter of Claim and Claim
Form) to the Highamhill Road address and received no response at
all. In those circumstances you plainly had reason to doubt that
I was still resident there.
Under CPR 6.9(3), once there is reason to believe that the last
known address is no longer current, a claimant must take
reasonable steps to ascertain the defendant’s current address
before serving the claim form. In practice, that means carrying
out a simple tracing / credit reference search, which would have
identified my current address. You did not do so.
Your client is also bound by the Private Parking Single Code of
Practice v1.1 (17 February 2025). Section 10.1 requires
operators, before debt recovery or legal action, to take
reasonable steps to ensure that correspondence is being sent to
the correct and current address of the keeper/debtor and not to
continue enforcement where there is reason to believe that an
address is no longer current. Persisting in issuing and serving
proceedings to an obviously stale address, without a basic
trace, is contrary to that obligation.
I will rely, among other authorities, on Carr v Vehicle Control
Services Ltd [2025] EWCA Civ 713, where the Court of Appeal
upheld the setting aside of a default judgment and the striking
out of a private parking claim because the operator failed to
take reasonable steps under CPR 6.9(3) to ascertain the
defendant’s current address before service.
Intended application and strike-out
In light of the above, I am preparing a contested N244
application seeking:
[indent]1. An order setting aside the default judgment under CPR
13.2, on the basis that it was wrongly entered due to the claim
form not being validly served on me;
2. In the alternative, an order under CPR 13.3, on the basis
that I have a clear and real prospect of successfully defending
the claim and have acted promptly upon discovering the judgment;
3. An order that, once the judgment is set aside, the claim be
struck out pursuant to CPR 7.5(1) and/or CPR 3.4(2)(c), on the
basis that the claim form was never validly served within four
months of issue and has therefore expired; and
4. An order that the Claimant pay my costs of and occasioned by
the application, including the £313 court fee and my reasonable
litigant-in-person costs, in view of the unreasonable conduct in
issuing and serving to a stale address contrary to CPR 6.9(3)
and PPSCoP section 10.1.[/indent]
Proposal for resolution by consent
To avoid unnecessary court time and further costs for all
parties, I am prepared to resolve this by consent.
I enclose below a draft consent order for your consideration. In
summary, it provides that:
[indent]• The default judgment is set aside under CPR 13.2, with
an alternative under CPR 13.3;
• The claim is struck out once the judgment is set aside, due to
non-service within four months under CPR 7.5(1); and
• The Claimant bears the costs of the application, including the
court fee.[/indent]
If your client is willing to accept responsibility for the
position created by mis-service and to bear the cost of
correcting it, then I invite you to:
[indent]1. Confirm, within 10 days of the date of this email,
that you agree the enclosed draft order without amendment; and
2. Lodge an application with the court in those agreed terms at
your client’s cost, copying me into both the application and the
draft order filed, so that I can be sure no unilateral changes
are made to my detriment.[/indent]
For the avoidance of doubt, I do not consent to any amendments
to the enclosed draft order. If you consider that any wording
requires alteration, you must propose those changes to me in
writing and obtain my express written agreement before filing
anything with the court.
If I have not received written confirmation that you agree the
draft order and have submitted an application in those agreed
terms within 10 days, I will proceed without further notice to
issue my own contested N244 application, seeking the orders
described above and inviting the court to make an adverse costs
order against the Claimant for unreasonable conduct.
I look forward to your prompt confirmation.
Yours faithfully,
[Full Name]
[Current Address]
[Email][/quote]
Draft Consent Order (to enclose in the email)
[quote]IN THE COUNTY COURT
Claim No: M8KF60F5
BETWEEN:
ELITE CAR PARKING MANAGEMENT LTD
Claimant
-and-
[FULL NAME]
Defendant
DRAFT CONSENT ORDER
UPON the parties having agreed the terms of this order
BY CONSENT IT IS ORDERED THAT:
[indent]1. The default judgment entered on [date in April 2025]
in Claim No. M8KF60F5 be set aside pursuant to CPR 13.2, on the
basis that the judgment was wrongly entered because the claim
form was not validly served on the Defendant.
2. In the alternative, if the Court finds that the judgment was
regularly entered, the default judgment is set aside pursuant to
CPR 13.3, on the basis that the Defendant has a real prospect of
successfully defending the claim and has acted promptly upon
becoming aware of the proceedings and the judgment.
3. Upon the judgment being set aside, the Claimant’s claim is
struck out pursuant to CPR 7.5(1) and/or CPR 3.4(2)(c) on the
ground that the claim form was not validly served within four
months of the date of issue and has therefore expired.
4. The Claimant shall pay the Defendant’s costs of and
occasioned by the application to set aside the default judgment,
such costs to be summarily assessed in the total sum of £[insert
– at least the £313 court fee, plus any agreed LiP sum], payable
within 14 days of the date of this order.
5. There be liberty to apply.
Signed: ___________________________
For and on behalf of the Claimant
Elite Car Parking Management Ltd
(by its solicitors DCB Legal Ltd)
Dated: ___________________________
Signed: ___________________________
[Defendant’s full name]
Dated: ___________________________[/quote]
If they fail to agree, come back in 20 days and I will provide
the necessary information to apply for a contested N244
application.
#Post#: 98856--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: jimimac Date: November 19, 2025, 11:40 am
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Amazing - thank you so much!
Jim
#Post#: 100524--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: jimimac Date: December 1, 2025, 8:53 am
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Ok received another baliff letter this morning but nothing
relating to the email I sent previously with the the draft
consent order and set aside stuff.
[img]
HTML https://drive.google.com/file/d/1mhefYWF8MOP86OifIWTPzgsakkl9xwri/view?usp=sharing[/img]
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