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#Post#: 100555--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: b789 Date: December 1, 2025, 11:20 am
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So they have not responded within 10 days to the proposed
consent order. You now have to file your won N244 with a
contested application for set aside. This will cost £313 but you
will claim those costs back from the claimant.
It is now too late today for me to do this so please remind me
over the next few days to explain how you do this.
#Post#: 100825--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: jimimac Date: December 3, 2025, 6:06 am
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That would be great thank you!
#Post#: 100857--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: b789 Date: December 3, 2025, 8:00 am
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You now need to submit a contested N244 application because DCB
Legal ignored the 10-day consent offer. The application seeks to
set aside the default judgment under CPR 13.2, alternatively CPR
13.3, and then strike out the underlying claim because it was
never validly served within four months of issue under CPR
7.5(1). You will also ask for the £313 fee and Litigant in
Person (LiP) costs.
You will need to submit:
[indent]• Form N244
• A witness statement in support
• A draft order
• Exhibits
• Payment of the £313 fee[/indent]
N244 instructions:
Download the form here: N244 Application Notice
HTML https://assets.publishing.service.gov.uk/media/65eb1c6b5b652445f6f21b01/N244_0622_save.pdf
[indent]Box 1: Write your full name exactly as it appears on the
judgment.
Box 2: Tick Defendant.
Box 3: Write the following:
[indent]The Defendant applies for:
[indent](1) An order that the default judgment entered in Claim
No. M8KF60F5 in or about April 2025 be set aside pursuant to CPR
13.2, on the basis that the claim form was never validly served
on the Defendant and the judgment was wrongly entered.
(2) In the alternative, an order setting aside the default
judgment pursuant to CPR 13.3, on the grounds that the Defendant
has a real prospect of successfully defending the claim and has
acted promptly upon discovering the judgment.
(3) Following the setting aside of judgment, an order that the
Claimant’s 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 not validly
served within the four-month period specified by CPR 7.5(1) and
has now expired.
(4) An order that the Claimant pay the Defendant’s costs of and
occasioned by this application, including the £313 court fee and
the Defendant’s litigant-in-person costs at the published hourly
rate.[/indent][/indent]
Box 4: Tick Yes and attach the draft order below.
Box 5: Tick “at a hearing”.
Box 6: Write “1 hour”. Judge level “District Judge”.
Box 7: Write “Not applicable”.
Box 8: District Judge.
Box 9: Write “The Claimant, care of DCB Legal Ltd”. Allow the
court to serve.
Box 10: Tick that the application is supported by “the attached
witness statement” and attach the witness statement. Do not tick
the option about “the evidence set out in the box below”.
Sign by simply typing your full name and date.[/indent]
Below is the witness statement for you to use.
[quote][center]IN THE COUNTY COURT[/center]
[right]Claim No: M8KF60F5[/right]
[center]BETWEEN:
Elite Car Parking Management Ltd
Claimant
- and -
[Defendant's Full Name]

Defendant
[hr]
WITNESS STATEMENT[/center]
1. I am the Defendant. I make this statement in support of my
application to set aside the default judgment entered against me
in Claim No. M8KF60F5 and to strike out the underlying claim.
2. I first became aware of the judgment in November 2025 when
checking my credit file. Before that I had received no Letter of
Claim, no Claim Form, no Particulars of Claim, and no judgment
at my current address. I therefore had no knowledge of the
claim.
3. The judgment relates to an alleged parking event on 27
September 2024 at Eddington 4hr Zone, Cambridge. On that date
parking was paid for via the JustPark app for the correct
vehicle and location. The booking remains visible in my JustPark
account and is supported by a corresponding bank transaction.
4. At the time the Claimant and its agents were sending
correspondence, I was living at 194a Highamhill Road. I moved to
my current address in January 2025 and immediately updated my
address with the DVLA for both the V5C and my driving licence.
5. I did not receive any pre-action letter compliant with the
Pre-Action Protocol for Debt Claims, nor any Claim Form or
judgment at my current address. The only correspondence I became
aware of was a DCBL debt collection letter that arrived at the
old address in late 2024.
6. The Civil National Business Centre confirmed that the claim
was treated as served on 7 April 2025 at the old Highamhill Road
address and judgment was entered shortly afterward when no
acknowledgment of service or defence was filed.
7. The claim form was not validly served. By April 2025 I no
longer lived at the Highamhill Road address. The Claimant
continued sending correspondence there and received no reply,
giving them clear reason to believe the address was no longer
current.
8. Under CPR 6.9(3) the Claimant was required to take reasonable
steps to ascertain my correct address before serving the claim
form. A simple trace or credit reference search would have
identified my current address. The Claimant did not take those
steps.
9. The Claimant is bound by the Private Parking Single Code of
Practice. Section 10.1 requires operators to take reasonable
steps to ensure they are using the correct address and not to
continue enforcement where there is reason to believe the
address is stale. They ignored that obligation.
10. I will rely 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 strike out due to failure to comply
with CPR 6.9(3).
11. The judgment must therefore be set aside under CPR 13.2 as
it was wrongly entered following invalid service.
12. If the Court finds the judgment was regularly entered, I
seek set aside under CPR 13.3. I acted promptly upon discovering
the judgment. I also have a real prospect of defending the
claim. The Particulars of Claim allege that the vehicle was not
registered on the JustPark app. That allegation is plainly
wrong.
13. Following the set aside, the claim must be struck out. The
claim form was never validly served within the four-month period
required by CPR 7.5(1) and has therefore expired. No extension
was sought under CPR 7.6.
14. The continuation of an unjust judgment is causing serious
prejudice including the risk of harm to my credit position given
an upcoming mortgage renewal.
15. I ask the Court to order the Claimant to pay the £313 fee
and my litigant-in-person costs because their failure to comply
with CPR 6.9(3) and the Code of Practice directly caused the
need for this application.
16. For all the reasons above I request that the default
judgment be set aside, the claim struck out, and costs awarded.
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:[/quote]
Below is the draft order.
[quote][center]IN THE COUNTY COURT[/center]
[right]Claim No: M8KF60F5[/right]
[center]BETWEEN:
Elite Car Parking Management Ltd
Claimant
- and -
[Defendant's Full Name]

Defendant
[hr]
DRAFT ORDER[/center]
DRAFT ORDER
UPON the Defendant’s application
IT IS ORDERED THAT:
[indent]1. The default judgment entered in or about April 2025
is set aside pursuant to CPR 13.2 on the basis that the claim
form was never 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 grounds that the Defendant has a real prospect
of successfully defending the claim and acted promptly upon
discovering it.
3. Following the setting aside of judgment, the Claimant’s claim
is struck out pursuant to CPR 7.5(1) and/or CPR 3.4(2)(c) as the
claim form was not validly served within the permitted
four-month period and has expired.
4. The Claimant shall pay the Defendant’s costs of the
application, including the £313 fee, within 14 days.
5. Liberty to apply.[/quote]
Finally, you must email the N244, witness statement, draft order
and exhibits to the Civil National Business Centre at
Applications.CNBC[member=6517]justice[/member].gov.uk and CC
yourself and then phone to pay the £313 fee. The application
will then be transferred to your local hearing centre for a
short hearing.
#Post#: 100893--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: jimimac Date: December 3, 2025, 10:24 am
---------------------------------------------------------
Incredible - thanks again I will submit this tomorrow.
#Post#: 100961--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: jimimac Date: December 4, 2025, 6:11 am
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do i fill in this section on the n244?
HTML https://drive.google.com/file/d/1etVw5CapSE1eFFGIWYk8M77GYP98dC0E/view?usp=sharing
#Post#: 100968--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: jimimac Date: December 4, 2025, 6:30 am
---------------------------------------------------------
Also should I put DCBL's address in 9a? the wording has confused
me a little ha
HTML https://drive.google.com/file/d/1JmaMELVViR-YaPCdY3z95P59u53xKOKH/view?usp=sharing
#Post#: 100973--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: b789 Date: December 4, 2025, 6:37 am
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[quote author=jimimac link=topic=3927.msg100961#msg100961
date=1764850302]
do i fill in this section on the n244?
[/quote]
Name of Court: Civil National Business Centre or just put CNBC
Claim No.: the claim number as on the N1SDT Claim Form
Claimants Name: Elite Car Parking Management Ltd
Defendants Name: Your full name
Date: the date you complete the form
Nothing else needed on there.
[quote author=jimimac link=topic=3927.msg100968#msg100968
date=1764851434]
Also should I put DCBL's address in 9a? the wording has confused
me a little ha
[/quote]
Yes.
#Post#: 102865--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: jimimac Date: December 17, 2025, 8:02 am
---------------------------------------------------------
I've just received the following email from DCB Legal Ltd in
reply to my email that gave them 10 days and was sent on 19th
Nov 2025.
Is this something I should reply to now that i've applied for an
n244 and paid my court fee?
Thanks
Dear James Mcgrother,
We write further to your correspondence below.
In order to review the matter further, please provide to confirm
your residency for the period of April 2025.
We look forward to hearing from you.
Kind Regards,
#Post#: 102867--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: b789 Date: December 17, 2025, 8:17 am
---------------------------------------------------------
You should reply, but only briefly and on your terms. They are
trying to fish for something they can later use to argue
“service was good” or to justify their failure to trace.
You can respond without giving them anything beyond what you are
already putting before the court, and you should make clear the
N244 has been filed and the fee paid.
Send something like this:
[quote]Subject: Elite Car Parking Management Ltd v James
McGrother – Claim M8KF60F5 – N244 filed
Dear Sirs,
I acknowledge your email.
A contested N244 application has now been filed with the Court
and the £313 court fee paid. The application and supporting
evidence address the issue of service and my address at the
material time.
For the avoidance of doubt, I did not reside at 194a Highamhill
Road, E17 5RQ in April 2025. The claim form and subsequent
documents were not served on me at my current address and I had
no knowledge of the proceedings until I discovered the CCJ via
my credit file.
You may still take the opportunity to consent to the set aside
and strike out on the terms previously provided. However, any
such consent must now also include reimbursement of the £313
N244 court fee already paid. Otherwise, please direct any
further submissions to the Court in response to the N244 once
served.
Yours faithfully,
James McGrother
[Current address]
[Email][/quote]
That wording keeps you fully in control, closes off fishing, and
makes the £313 non-negotiable without escalating or inviting
argument.
#Post#: 102885--------------------------------------------------
Re: Bailiff letter from private parking company with no first le
tter
By: jimimac Date: December 17, 2025, 10:22 am
---------------------------------------------------------
Once again thank you so much!
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