The Court of Appeal in Carr v Vehicle Control Services Ltd [2025] EWCA Civ 713 has reaffirmed the importance of proper service and the claimant’s duty to take reasonable steps to ascertain a defendant’s current address when there is reason to believe the address used is outdated. 

The case arose from a claim for unpaid parking charges on private land. The claimant obtained a default judgment after serving proceedings at an address provided by the DVLA. However, the defendant successfully applied to set aside the judgment and strike out the claim, arguing that he had not lived at the DVLA-provided address and that the claimant had failed to take reasonable steps to identify his actual residence - namely, the premises where the parking incident occurred. 

At first instance, the judge agreed with the defendant, finding that the claimant had been put on notice that the DVLA address might not be current. This was based on a telephone conversation in which the defendant informed the claimant that he was a tenant at the premises and entitled to park there. Despite this, the claimant proceeded to serve at the DVLA address without further inquiry. 

The first appeal overturned that decision, but the Court of Appeal has now restored the original ruling. The Appellate Court emphasised the requirements under CPR 6.9(2)–(3) that if a claimant has reason to believe that the defendant no longer resides at the last known address, they must take ‘reasonable steps’ to ascertain the defendant’s current residence. 

The Court of Appeal found that the first instance judge’s factual findings were open to him and not based on any material error. The court rejected the argument that checking with the DVLA alone satisfied the claimant’s duty. It described this approach as ‘circular’, noting that if the claimant already had reason to doubt the DVLA address, relying solely on it was insufficient. 

This decision reinforces the principle that service is not a mere formality. Where a claimant is on notice that an address may be incorrect, they must actively investigate further.  

It is therefore important to carry out proper due diligence when serving documents and to be mindful of the risks of proceeding if there are concerns. It also highlights the courts’ willingness to protect defendants from judgments obtained through procedural shortcuts. So, ensure you carry out your checks.  

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