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#Post#: 87903--------------------------------------------------
received a judgement in default but have not received a Claim F
orm:
By: abena0277 Date: August 31, 2025, 10:54 am
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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.
#Post#: 87909--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: DWMB2 Date: August 31, 2025, 11:20 am
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Welcome to FTLA.
To help us provide the best advice, please read the following
thread carefully and provide as much of the information it asks
for as you are able to: READ THIS FIRST - Private Parking
Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
#Post#: 87924--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: abena0277 Date: August 31, 2025, 4:36 pm
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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.
HTML https://imgur.com/a/odEtnKv
#Post#: 88000--------------------------------------------------
judgment in default, but have not received a Claim Form from DCB
Legal
By: abena0277 Date: September 1, 2025, 10:21 am
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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 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 been lost in the post. Please see
below a copy of the judgment in default. Please could I get
advice on what to do next? I have away, so just got back to this
letter dated 20 August. Thanks.
HTML https://imgur.com/a/odEtnKv
#Post#: 88002--------------------------------------------------
Re: judgment in default, but have not received a Claim Form from
DCB Legal
By: DWMB2 Date: September 1, 2025, 10:29 am
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[quote author=abena0277 link=topic=7870.msg88000#msg88000
date=1756740113]
since I have a blue badge, I ignored it.
[/quote]
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?
#Post#: 88011--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: abena0277 Date: September 1, 2025, 10:59 am
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I don't think so -there's been problems with our post, so not
sure if I received one.
#Post#: 88099--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: b789 Date: September 2, 2025, 9:33 am
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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.
#Post#: 88136--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: abena0277 Date: September 2, 2025, 1:04 pm
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Thank you. I have started completing the N244 form, but I'm
stuck on Q4 and Q9
For Q4 - how do I prepare the draft evidence, please?
Q9 - Do I serve the application to the claimant, which is
Parkmaven or DCB legal?
Q3 - Should I say I am asking the court to set aside a judgment
against me because I did not receive the letter of claim, and I
am applying under CPR 13.2 and CPR 13.3?
#Post#: 88149--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: b789 Date: September 2, 2025, 2:09 pm
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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:
[indent]1. The default judgment dated [insert date] is set
aside.
2. The defendant shall file and serve a defence within 14 days
of the date of this order.
3. The claimant shall pay the defendant’s costs of this
application.[/indent]
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:
[indent]Q3: Say you want the judgment set aside under CPR 13.2
and 13.3.
Q4: Provide the short draft order and attach your witness
statement.
Q9: Write that the application should be served on the claimant
through DCB Legal.[/indent]
That covers the essentials the judge needs. Just show us what
you have before you submit it so we can check it.
#Post#: 88202--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: abena0277 Date: September 3, 2025, 4:15 am
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Thank you very much
Please see link to my completed N244, draft order and evidence
from Amex chat about a replacement card which I never received.
HTML https://imgur.com/a/yLdJhfh
HTML https://imgur.com/a/VABbNSj
HTML https://imgur.com/a/Itz9GVi
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