06-01-2026, 01:58 PM
(This post was last modified: 06-01-2026, 01:59 PM by dimebagslash.)
today i received the following email...
Morgan Falconer <Morgan@dcblegal.co.uk>
Attachments
10:08 (4 hours ago)
to me
Dear James Mcgrother,
We act for the Claimant.
Please find attached the Claimant's Submissions and Draft Order for the hearing on 8th June 2026 at 12:00.
We confirm it has been filed with the Court.
Kind Regards,
Morgan Falconer
DCB Legal Ltd
the attached document is here...
Dear Sirs
Elite Car Parking Management Limited
-v-
James Mcgrother
Claim Number: M8KF60F5
We write in relation to the above matter wherein we are instructed to act on behalf of the
Claimant.
We have received the Defendant’s Application dated 04/12/2025 and note the content.
The Defendant seeks for the Judgment to be set aside on the basis they did not receive the
Claim Form. It ought to be noted that the Defendant has failed to provide any supporting
evidence to confirm when they moved from their previous address.
Upon review, it is respectfully submitted that the Claim Form was correctly served at the Defendant’s last
known address pursuant to CPR 6.9. Pursuant to CPR 6.9(3), the Claimant took all
reasonable steps to ascertain the Defendant’s current address by conducting a pre-issue
trace. This trace result provided the Claimant with knowledge of the Defendant’s address,
which the Claim Form was subsequently served. It is the Claimant’s position that although
the Claim Form was served correctly, it is more than likely than not that the Defendant did
not receive the Claim Form and was therefore unable to defend.
It ought to be noted, the Defendant does not deny receiving the initial Parking Charge. For
the avoidance of doubt, Notices were sent to the address the DVLA confirmed was that of
the Registered Keeper. It is the Defendant’s responsibility and legal obligation to ensure that
the DVLA are kept up to date at all times. The Notices afforded the Defendant opportunity to
make payment, appeal the Parking Charge or transfer liability, which they failed to do. It is
respectfully submitted that the Defendant was correctly put on notice of the Parking Charge
yet failed to respond or make payment. Respectfully, if the Defendant had any doubt
regarding their liability, they would have made a greater effort to communicate the same.
It is noted that the Defendant submits they made payment in relation to the wrong Vehicle
registration number on the material date. It is neither confirmed nor denied as no supporting
evidence has been provided to confirm the same. In any event, the Signs on the Land clearly
outlined the Terms of parking and the Defendant was on notice upon entering the Land. The
DCBLegal/LH/002/0419
Direct House, Greenwood
Drive, Manor Park, Runcorn,
Cheshire, WA7 1UG
E: info@dcblegal.co.uk
T: 0203 838 7038
DX: 23457 Runcorn
DCB Legal Ltd is a limited company registered in England and Wales with number 10633864 and is authorised and regulated by the Solicitors
Regulation Authority under SRA registration number 638321. ICO Reg: ZA279934. V.A.T Reg. No: 281 2789 78
Signs clearly outlined that all Vehicle’s must register upon arrival via payment machines or
approved cashless provider. It is the Claimant’s position that the Driver failed to adhere to
the Terms, as they hold no valid record of payment made in relation to the Defendant’s
Vehicle registration (“YD19VPA”) on the material date, thus breaching the Contract. It is the
Claimant’s position that the Parking Charge was issued correctly, and the Defendant
remains liable for the same.
In view of the above, the Claimant has decided to take an economical approach to the
matter in consideration of CPR 1.1 and to assist the Court in achieving its overriding
objective. As such, we would be grateful if the Court would place the attached Draft Order on
the Court file in readiness of the Hearing listed on 08/06/2026.
In the event that the Defendant seeks to recover the costs of making the Application to set
the Judgment aside, it is respectfully submitted that the Claimant has not acted
unreasonably. A trace was conducted to ensure that the Claim Form was served to the
Defendant’s last known address pursuant to CPR 6.9(3) – the Claimant has therefore
followed the correct process and had no reason to believe that the Defendant would not
have received the Claim Form.
Pursuant to CPR 27.14, the Defendant is not entitled to costs incurred where the matter has
been allocated to the Small Claims Track. If the matter had proceeded, it is reasonable to
assume that the Claim would have been allocated to the Small Claims Track, given the
complexity and balance of the case.
Yours faithfully
DCB Legal Limited
The draft order attached is here...
IN THE COUNTY COURT AT EDMONTON
CLAIM NUMBER: M8KF60F5
BETWEEN:-
ELITE CAR PARKING MANAGEMENT LIMITED
CLAIMANT
AND
JAMES MCGROTHER
DEFENDANT
DRAFT ORDER
Before District Judge ___________________________
UPON considering the Defendant’s application dated 04/12/2025;
AND UPON the Claimant accepting that although the Claim was served at the Defendant’s last known address
pursuant to CPR 6.9, the Defendant did not receive the Claim Form and was therefore unable to respond to the
Claim;
AND UPON the above constituting “some other good reason” for Judgment to be set aside pursuant to CPR 13.3;
IT IS ORDERED THAT:-
i. The Judgment entered herein on the 25/04/2025 be and is hereby set aside.
ii. It is recorded that a request for cancellation of the judgment has been sent to Registry Trust Limited.
iii. The Defendant is to file and serve a Defence within 14 days;
iv. In default of the above, the Claimant has permission to request for Judgment; and
v. There be no order as to costs.
Morgan Falconer <Morgan@dcblegal.co.uk>
Attachments
10:08 (4 hours ago)
to me
Dear James Mcgrother,
We act for the Claimant.
Please find attached the Claimant's Submissions and Draft Order for the hearing on 8th June 2026 at 12:00.
We confirm it has been filed with the Court.
Kind Regards,
Morgan Falconer
DCB Legal Ltd
the attached document is here...
Dear Sirs
Elite Car Parking Management Limited
-v-
James Mcgrother
Claim Number: M8KF60F5
We write in relation to the above matter wherein we are instructed to act on behalf of the
Claimant.
We have received the Defendant’s Application dated 04/12/2025 and note the content.
The Defendant seeks for the Judgment to be set aside on the basis they did not receive the
Claim Form. It ought to be noted that the Defendant has failed to provide any supporting
evidence to confirm when they moved from their previous address.
Upon review, it is respectfully submitted that the Claim Form was correctly served at the Defendant’s last
known address pursuant to CPR 6.9. Pursuant to CPR 6.9(3), the Claimant took all
reasonable steps to ascertain the Defendant’s current address by conducting a pre-issue
trace. This trace result provided the Claimant with knowledge of the Defendant’s address,
which the Claim Form was subsequently served. It is the Claimant’s position that although
the Claim Form was served correctly, it is more than likely than not that the Defendant did
not receive the Claim Form and was therefore unable to defend.
It ought to be noted, the Defendant does not deny receiving the initial Parking Charge. For
the avoidance of doubt, Notices were sent to the address the DVLA confirmed was that of
the Registered Keeper. It is the Defendant’s responsibility and legal obligation to ensure that
the DVLA are kept up to date at all times. The Notices afforded the Defendant opportunity to
make payment, appeal the Parking Charge or transfer liability, which they failed to do. It is
respectfully submitted that the Defendant was correctly put on notice of the Parking Charge
yet failed to respond or make payment. Respectfully, if the Defendant had any doubt
regarding their liability, they would have made a greater effort to communicate the same.
It is noted that the Defendant submits they made payment in relation to the wrong Vehicle
registration number on the material date. It is neither confirmed nor denied as no supporting
evidence has been provided to confirm the same. In any event, the Signs on the Land clearly
outlined the Terms of parking and the Defendant was on notice upon entering the Land. The
DCBLegal/LH/002/0419
Direct House, Greenwood
Drive, Manor Park, Runcorn,
Cheshire, WA7 1UG
E: info@dcblegal.co.uk
T: 0203 838 7038
DX: 23457 Runcorn
DCB Legal Ltd is a limited company registered in England and Wales with number 10633864 and is authorised and regulated by the Solicitors
Regulation Authority under SRA registration number 638321. ICO Reg: ZA279934. V.A.T Reg. No: 281 2789 78
Signs clearly outlined that all Vehicle’s must register upon arrival via payment machines or
approved cashless provider. It is the Claimant’s position that the Driver failed to adhere to
the Terms, as they hold no valid record of payment made in relation to the Defendant’s
Vehicle registration (“YD19VPA”) on the material date, thus breaching the Contract. It is the
Claimant’s position that the Parking Charge was issued correctly, and the Defendant
remains liable for the same.
In view of the above, the Claimant has decided to take an economical approach to the
matter in consideration of CPR 1.1 and to assist the Court in achieving its overriding
objective. As such, we would be grateful if the Court would place the attached Draft Order on
the Court file in readiness of the Hearing listed on 08/06/2026.
In the event that the Defendant seeks to recover the costs of making the Application to set
the Judgment aside, it is respectfully submitted that the Claimant has not acted
unreasonably. A trace was conducted to ensure that the Claim Form was served to the
Defendant’s last known address pursuant to CPR 6.9(3) – the Claimant has therefore
followed the correct process and had no reason to believe that the Defendant would not
have received the Claim Form.
Pursuant to CPR 27.14, the Defendant is not entitled to costs incurred where the matter has
been allocated to the Small Claims Track. If the matter had proceeded, it is reasonable to
assume that the Claim would have been allocated to the Small Claims Track, given the
complexity and balance of the case.
Yours faithfully
DCB Legal Limited
The draft order attached is here...
IN THE COUNTY COURT AT EDMONTON
CLAIM NUMBER: M8KF60F5
BETWEEN:-
ELITE CAR PARKING MANAGEMENT LIMITED
CLAIMANT
AND
JAMES MCGROTHER
DEFENDANT
DRAFT ORDER
Before District Judge ___________________________
UPON considering the Defendant’s application dated 04/12/2025;
AND UPON the Claimant accepting that although the Claim was served at the Defendant’s last known address
pursuant to CPR 6.9, the Defendant did not receive the Claim Form and was therefore unable to respond to the
Claim;
AND UPON the above constituting “some other good reason” for Judgment to be set aside pursuant to CPR 13.3;
IT IS ORDERED THAT:-
i. The Judgment entered herein on the 25/04/2025 be and is hereby set aside.
ii. It is recorded that a request for cancellation of the judgment has been sent to Registry Trust Limited.
iii. The Defendant is to file and serve a Defence within 14 days;
iv. In default of the above, the Claimant has permission to request for Judgment; and
v. There be no order as to costs.
