Yesterday, 11:28 AM
@Rosa23, thank you. We now have sufficient information to proceed, and there is no need to wait another five days for the court documents before taking the next step.
The chronology is particularly important:
Neither the claim form nor any subsequent court correspondence was received, denying the defendant any opportunity to acknowledge or defend the claim. This provides grounds to challenge the validity of service under CPR 6.9.
Where a claimant has reason to believe that a defendant no longer resides at the address being used, CPR 6.9(3) requires reasonable steps to establish their current address before serving proceedings. If the claim form was not validly served, the conditions for obtaining default judgment were not satisfied and CPR 13.2 requires the court to set aside the judgment.
The fact that ParkingEye issued proceedings to an address which was already three months out of date is significant. We will need to establish what address-verification steps ParkingEye undertook, if any, before issuing the claim.
Our next step is to approach ParkingEye directly and require it to consent to the judgment being set aside at its own expense. As CNBC has identified ParkingEye rather than DCB Legal as conducting the litigation, therefore the request should be addressed to ParkingEye's litigation department.
I would have preferred to have the actual County Court claim number, but the ParkingEye reference 388857/564384, together with the defendant's details, vehicle registration, parking event date and judgment date, should be more than sufficient for ParkingEye to identify the case.
We should therefore proceed without waiting for the court documents. I suggest giving ParkingEye seven working days to confirm its agreement to:
If ParkingEye refuses or fails to respond within that deadline, you should proceed with a contested N244 application under CPR 13.2, seeking reimbursement of the £321 application fee and any other recoverable costs. The award of costs would ultimately be at the court's discretion.
In the meantime, there are three things you should do:
Do not pay DCBL anything or enter into any repayment arrangement.
Send the following email to the ParkingEye litigation team at: enforcement@parkingeye.co.uk and CC info@parkingeye.co.uk and yourself. Mark it as "URGENT - Request for Consent to Set Aside Default Judgment – ParkingEye Ref: 388857/564384".
The chronology is particularly important:
• April 2026 – the defendant moved from 19 Crisp Road, London W6 9RL.
• 6 July 2026 – ParkingEye issued the claim to that former address, approximately three months after the defendant had moved.
• 4 August 2026 – ParkingEye obtained default judgment for £237.
• October 2026 – the defendant first became aware of the judgment after receiving DCBL's debt recovery letter.
• 6 July 2026 – ParkingEye issued the claim to that former address, approximately three months after the defendant had moved.
• 4 August 2026 – ParkingEye obtained default judgment for £237.
• October 2026 – the defendant first became aware of the judgment after receiving DCBL's debt recovery letter.
Neither the claim form nor any subsequent court correspondence was received, denying the defendant any opportunity to acknowledge or defend the claim. This provides grounds to challenge the validity of service under CPR 6.9.
Where a claimant has reason to believe that a defendant no longer resides at the address being used, CPR 6.9(3) requires reasonable steps to establish their current address before serving proceedings. If the claim form was not validly served, the conditions for obtaining default judgment were not satisfied and CPR 13.2 requires the court to set aside the judgment.
The fact that ParkingEye issued proceedings to an address which was already three months out of date is significant. We will need to establish what address-verification steps ParkingEye undertook, if any, before issuing the claim.
Our next step is to approach ParkingEye directly and require it to consent to the judgment being set aside at its own expense. As CNBC has identified ParkingEye rather than DCB Legal as conducting the litigation, therefore the request should be addressed to ParkingEye's litigation department.
I would have preferred to have the actual County Court claim number, but the ParkingEye reference 388857/564384, together with the defendant's details, vehicle registration, parking event date and judgment date, should be more than sufficient for ParkingEye to identify the case.
We should therefore proceed without waiting for the court documents. I suggest giving ParkingEye seven working days to confirm its agreement to:
1. Consent to the default judgment being set aside.
2. Pay the £126 consent application fee itself.
3. Cooperate in obtaining the necessary court order.
4. Immediately suspend all enforcement and debt recovery activity pending resolution.
2. Pay the £126 consent application fee itself.
3. Cooperate in obtaining the necessary court order.
4. Immediately suspend all enforcement and debt recovery activity pending resolution.
If ParkingEye refuses or fails to respond within that deadline, you should proceed with a contested N244 application under CPR 13.2, seeking reimbursement of the £321 application fee and any other recoverable costs. The award of costs would ultimately be at the court's discretion.
In the meantime, there are three things you should do:
• Obtain documentary evidence confirming the move in April 2026, such as a tenancy agreement, council tax records or other official correspondence.
• Retain the DCBL letter and evidence of when it was received. This will help establish when the judgment was first discovered and demonstrate that the defendant acted promptly.
• Continue obtaining copies of the original claim form, judgment and any available service information from CNBC, including the actual court claim number, which will be needed for any contested N244 application.
• Retain the DCBL letter and evidence of when it was received. This will help establish when the judgment was first discovered and demonstrate that the defendant acted promptly.
• Continue obtaining copies of the original claim form, judgment and any available service information from CNBC, including the actual court claim number, which will be needed for any contested N244 application.
Do not pay DCBL anything or enter into any repayment arrangement.
Send the following email to the ParkingEye litigation team at: enforcement@parkingeye.co.uk and CC info@parkingeye.co.uk and yourself. Mark it as "URGENT - Request for Consent to Set Aside Default Judgment – ParkingEye Ref: 388857/564384".
Quote:FAO: ParkingEye Legal/Litigation Department
Claimant: ParkingEye Ltd
Defendant: [Full name]
ParkingEye Reference: 388857/564384
County Court Claim Number: To be confirmed
Vehicle Registration: [VRM]
Parking Location: Crowne Plaza, Stratford-upon-Avon
Parking Event: 20 August 2025
Default Judgment: 4 August 2026 – £237
Dear Sir/Madam,
FORMAL REQUEST FOR CONSENT TO SET ASIDE DEFAULT JUDGMENT – CPR 13.2
I write regarding the above matter, following my recent discovery that ParkingEye Ltd obtained a default County Court Judgment against me on 4 August 2026.
I first became aware of these proceedings in October 2026, upon receiving correspondence from Direct Collection Bailiffs Ltd (DCBL) demanding payment of £307 in respect of an unpaid CCJ.
Until that correspondence arrived, I had no knowledge that proceedings had been issued, let alone that judgment had been entered against me.
1. Defective service of proceedings
I ceased residing at 19 Crisp Road, London W6 9RL in April 2026.
ParkingEye subsequently issued proceedings on 6 July 2026, approximately three months after I had vacated that address. The Civil National Business Centre (CNBC) has confirmed that the claim form was sent to my former address.
Consequently, I did not receive the Letter of Claim, the N1SDT Claim Form or any subsequent court correspondence. I was therefore deprived of the opportunity to acknowledge service, submit a defence or otherwise participate in the proceedings.
CPR 6.9(3) requires a claimant who has reason to believe that a defendant no longer resides at an address to take reasonable steps to ascertain their current address before serving proceedings. Please confirm what reasonable address-verification enquiries ParkingEye undertook before issuing the claim on 6 July 2026, and provide copies of any relevant records.
2. Mandatory set-aside under CPR 13.2
Where a claim form has not been validly served and the conditions for obtaining default judgment have not been satisfied, CPR 13.2 requires the court to set aside the judgment. I contend that the judgment was improperly obtained following service at an address where I no longer resided, and I intend to seek a mandatory set-aside under CPR 13.2.
If necessary, I will also rely upon CPR 13.3 in the alternative.
3. Formal request for set-aside by consent at ParkingEye's expense
Before incurring the expense of a contested application, I am providing ParkingEye with an opportunity to resolve this matter by consent, subject to the following express conditions:
1. ParkingEye must agree to the default judgment dated 4 August 2026 being set aside in its entirety, without requiring any payment or admission of liability from me.
2. ParkingEye must bear the full £126 court application fee, together with any costs associated with preparing and submitting the consent order. I will not contribute towards those costs.
3. Any proposed consent order MUST be provided to me in draft for examination and approval before submission to the court. The entire wording of the order, including every provision concerning costs, the underlying claim and any consequential directions, must be expressly agreed by me in writing beforehand.
4. ParkingEye must NOT file, submit or otherwise seek approval of any proposed consent order without first obtaining my express written agreement to its complete terms. My willingness to consider a set-aside by consent does not constitute advance consent to any draft order prepared by ParkingEye.
5. The consent order must not contain any provision prejudicing my legal position, including any admission of liability, obligation to pay the underlying parking charge, contribution towards ParkingEye's costs, waiver of my rights or restriction upon my ability to defend the original claim should proceedings continue. Any proposed directions concerning the future conduct or disposal of the claim must also be expressly agreed in writing.
6. ParkingEye must immediately instruct DCBL to suspend all debt collection and enforcement activity and confirm in writing that no further enforcement action will be undertaken pending resolution of the set-aside application.
7. ParkingEye must cooperate promptly in obtaining the court order setting aside the judgment and ensure that the court is requested to notify the Register of Judgments accordingly.
For the avoidance of doubt, I will not accept any consent order containing undisclosed, unilateral or subsequently introduced conditions. Any material amendment to an agreed draft must be referred back to me for further written approval before submission.
If ParkingEye is unwilling to agree to these conditions, I will proceed with a contested application under CPR 13.2, seeking an order for reimbursement of the application fee and any other recoverable costs.
My proposal is intended to avoid unnecessary contested proceedings. It must not be construed as an admission of liability or an agreement to compromise my defence to the underlying claim.
4. Costs consequences of refusing consent
The present court fee for an application by consent is £126, compared with £321 for a contested application on notice.
Should ParkingEye refuse this reasonable opportunity to resolve the matter, or fail to respond within the deadline specified below, I intend to proceed with a contested application using Form N244. In that event, I will ask the court to order ParkingEye to reimburse the application fee and any further recoverable costs, drawing the court's attention to this attempt to resolve matters without contested proceedings.
ParkingEye should carefully consider whether opposing an application arising from the circumstances of service described above is a proportionate or reasonable use of court resources.
5. Deadline for response
Given that an outstanding CCJ is already registered against me, this matter is urgent.
I require your written confirmation of agreement within seven working days of receipt of this email. If satisfactory confirmation is not received within that period, I reserve the right to proceed with the N244 application without further notice. I also reserve the right to apply sooner if enforcement activity makes that necessary.
Please also provide the actual County Court claim number and confirm that my current address, as supplied separately to your Data Protection Officer, is recorded as my sole address for service.
I trust ParkingEye will recognise that resolving this matter by consent, at its own expense, is preferable to incurring the additional costs of a contested application.
Yours faithfully,
[Defendant's full name]
[Current postal address]
[Email address]
If ParkingEye refuses to cooperate, we proceed with the contested application. We should prepare for that possibility in parallel rather than allowing the correspondence to cause unnecessary delay.
The priority now is to act promptly to have the default judgment set aside and the CCJ removed from the Register.
Send the following email to the ParkingEye Data Protection Officer at: dpo@parkingeye.co.uk
Quote:Dear Data Protection Officer,
Re: ParkingEye Reference 388857/564384
I am writing to exercise my rights under Articles 16 and 17 of the UK GDPR.
My previous address was:
[indent]19 Crisp Road
London W6 9RL
I vacated this address in April 2026. My current and sole address for service and all correspondence is:
[INSERT FULL CURRENT ADDRESS]
I require ParkingEye to:
1. Immediately update all records to reflect my current address, including those held by your litigation and debt recovery departments.
2. Erase my former address from all active correspondence and service records, retaining it only where strictly necessary to comply with a legal obligation or establish, exercise or defend legal claims.
3. Notify all third parties to whom my former address has been disclosed, including DCBL and any legal representatives, of this rectification in accordance with Article 19 UK GDPR.
4. Confirm that all future correspondence, including legal proceedings, will be sent exclusively to my current address and that my former address will not be used for service.
Please confirm in writing that these instructions have been implemented.
Yours faithfully,
[Full name]
[Current address]
[Vehicle registration]
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
