If you look at the respondents in the decisions table:
http://www.nic.uk/disputes/drs/decisions/decisions4001/
The registrants constantly causing the 'no response' problem are those already in the 3 cases respondent table:
http://www.nic.uk/disputes/drs/decisions/3cases/
Therefore why doesn't Nominet only apply the "default transfer process" to those who have had 3 cases against them?