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#Post#: 88222--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: b789 Date: September 3, 2025, 5:36 am
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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:
[quote]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.[/quote]
Use the following as your draft order:
[quote]Draft Order
Upon the application of the Defendant dated [insert date], and
upon reading the evidence filed, it is ordered that:
[indent]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.[/quote]
#Post#: 88249--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: abena0277 Date: September 3, 2025, 7:15 am
---------------------------------------------------------
Thank you, this is brilliant!!!
I haven't contacted CNBC yet as I'm having trouble finding the
correct email. I have looked in the Mailboxes doc in the 'Read
This First' post, but I don't know which email I should send the
request for the particulars of the claim and the issue date. Do
you have an email, please? Or should I send it to the
Applications.CNBC[member=6517]justice[/member].gov.uk?
#Post#: 88251--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: jfollows Date: September 3, 2025, 7:19 am
---------------------------------------------------------
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.
HTML https://www.moneyclaimsuk.co.uk/ccbc.aspx
#Post#: 88258--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: b789 Date: September 3, 2025, 7:56 am
---------------------------------------------------------
Not sure that is the correct number. That is from the old CCBCn
nit the CNBC. This the number that I know does work: 0300 123
1056.
It is best to call first thing in the morning, at 8:30 to avoid
long waits.
Whilst on the phone, ask them to email you the PoC and don’t
hang up until you have received them. Also ask them who to
contact for proof of posting of the claim as you are rebutting
the presumption of delivery.
#Post#: 88259--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: abena0277 Date: September 3, 2025, 8:03 am
---------------------------------------------------------
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,
#Post#: 88317--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: b789 Date: September 4, 2025, 2:00 am
---------------------------------------------------------
No. You need to be much more thorough and it needs to go
directly to their DPO. So, address the following email to
dpocontact@dcblegal.co.uk and you CC response@dcblegal.co.uk and
also yourself:
[quote]Subject Access Request – [Your Name] – [Claim or
reference number: Reference Number]
Dear Sir or Madam,
I am writing to you as the data subject under Article 15 of the
UK General Data Protection Regulation and the Data Protection
Act 2018.
Please supply the personal data you hold about me, which I am
entitled to receive under data protection law. This includes,
but is not limited to:
[indent]1. A full copy of all personal data you hold about me in
any form (electronic, paper, or otherwise), including
correspondence, notes, logs, call recordings, and internal
communications.
2. Copies of all correspondence, notices, and letters you claim
to have sent to me, including any Letter of Claim.
3. Metadata and/or system notes showing the date each such
document was generated and issued.
4. Proof of posting for every item of correspondence sent to me,
including the method of posting, date, and location. If you
cannot provide proof of posting, please confirm this in writing.
5. Copies of all data you have received from third parties (such
as the parking company or their agents) relating to me.
6. Records of any data sharing, including with the County Court
Business Centre or the Claimant.
7. The source of my personal data, if not collected directly
from me.[/indent]
Please also confirm:
[indent]• The purposes for which you are processing my data.
• The categories of personal data concerned.
• The recipients or categories of recipient to whom my data has
been or will be disclosed.
• The envisaged retention period for my personal data.[/indent@]
For the avoidance of doubt, I expressly rebut any presumption
that a Letter of Claim was served on me. You are therefore put
to strict proof that it was in fact posted. Proof of posting is
required in order to rely on the presumption of delivery.
This request is made in full knowledge that you have already
used my personal data to allegedly issue a Letter of Claim,
commence proceedings via the Civil National Business Centre, and
obtain a default judgment. Accordingly, there can be no
reasonable requirement for you to seek further identification
before responding.
Please treat this as a Subject Access Request. I require the
information to be provided within one calendar month as required
by law.
Yours faithfully,
[Your full name]
[Your address]
[Your reference/claim number][/quote]
#Post#: 88322--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: abena0277 Date: September 4, 2025, 3:17 am
---------------------------------------------------------
Thank you I will send it straight away.
I just had an interesting phone call with CNBC. Initially, they
said they didn't have the PoC, but upon standing my ground, they
sent it, so thank you for telling me not to get off the phone
until it's emailed to me. I really appreciate it. They also said
they don't have any proof of posting because they don't use
recorded delivery and advised that I send the set aside to their
applications email address.
Here’s the link for the PoC
HTML https://imgur.com/a/kZTUHFf
#Post#: 88331--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: b789 Date: September 4, 2025, 4:15 am
---------------------------------------------------------
Of course they don’t use recorded delivery which means you can
rebut their presumption of delivery by insisting on proof of
posting. If they cannot evidence such proof, then, according to
the Interpretation Act, delivery cannot be presumed and
therefore, there is no evidence that the claim was ever served.
Please show us the PoC.
#Post#: 88344--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: abena0277 Date: September 4, 2025, 4:52 am
---------------------------------------------------------
Link above but here it is, thank you
HTML https://imgur.com/a/kZTUHFf
#Post#: 88347--------------------------------------------------
Re: received a judgement in default but have not received a Cla
im Form:
By: b789 Date: September 4, 2025, 4:58 am
---------------------------------------------------------
So it’s a typical DCB Legal issued claim. This means that once
defended, they will eventually discontinue.
The advice given covers that eventuality so you can recover the
application cost.
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