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Court Claim Received and CCJ Issued for Parking Claim - but I filed defence!

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  • Court Claim Received and CCJ Issued for Parking Claim - but I filed defence!

    Hi everyone,

    I had a parking ticket sent to me ages ago. I didn't engage with them because part of the reason I got the ticket was because I was having a heart to heart with my wife and didn't realise the coffee shop was in an area of monitoring.

    The site has appalling signage!

    Anyway, I received a Court Claim which had an issue date of 5 December 2024. and a friend helped me do a Defence, it was sent to the Defendant via tracked post and delivered on 8 January 2025, it was also sent to the online Court Centre by email on 5 January 2025, however, it seems the Court have forwarded it to a different department yesterday.

    AOS 11 December 2024

    On the 13 January, the Defendant gained a Judgment in Default because I hadn't responded to the Claim, despite them already being in possession of my Defence.

    I sent in the Defence that was listed on this forum. Is this an error on the Courts part? I see I can apply to have it set aside and I assume I should do this?

    Defence was sent to contactocmc@justice.gov.uk but the Court included me in an email yesterday to ClaimResponses.CNBC@justice.gov.uk saying 'this is with you'.

    Claimant UK Parking Control Ltd
    Solicitor - DCBL

    CPR Request sent on 13 December.
    DCBL Responded on 9 January ignoring the CPR Request

    HELP Thank you so much in advance.
    Last edited by clan81; 19th January 2025, 18:12:PM.
    Tags: None

  • #2
    So your emailed defence was received by court on 5th January, but court failed to register it 's receipt.
    DCBLegal replied to your CPR31.14 on the date your defence was due in (9th Jan), and requested default judgment almost immediately.

    Complain to court manager.

    Ask DCBlegal to consent to set aside

    Comment


    • #3
      Hi all,

      Just to update this thread, the Court on its own made an application and granted a set aside as I had filed the defence in time, and it had been served on the other side too! I didn't even need to call them.

      Is there anything I need to do to have the CCJ removed from my credit file or will it happen on its own?

      DCBL wrote offering a settlement email, does anyone recommend engaging?

      I've just filed my N180 today.

      Comment


      • #4
        As the court sets aside the judgment, they should notify the Registry Trust to remove the judgment from the public register. You can check by searching TrustOnline..
        It should disappear from your credit file at that point, but might take up to 4 weeks so keep checking.

        Don't forget also to serve the N180.

        Whether or not it is worth trying to negotiate with DCB Legal cannot possibly say as we have no real understanding of your defence, other than it is based on inadequate signage.
        We have seen cases where DCBl have agreed to discontinue for payment of the original parking charge, and even occasionally they discontinue just before the court hearing or just don't turn up (but you can't bank on that as sometimes they do win at court!)

        Comment

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