Help with N244 for CCJ from NWCP

First time poster, I've read as much as I can understand of the newbies section but would like some help in how best to proceed.

A few days ago I was checking my credit file and noticed an entry from July 2017 for a CCJ and having contacted the bulk processing court in Northampton I was informed this was from NWCP. I emailed NWCP to ask them what this referred to and was promptly informed that the PCN was from 21 Jan 2017 from Sykes Street in Preston at around 7pm, that a PCN was affixed to the drivers windscreen, that a NtK was sent to my address on 07/03/2017, demand for payment on 22/03/17, final notice of litigation from Capital Collect on 05/04/17. County Court proceedings sent to my address on 12/06/17 and default judgment for £165 on 06/07/17. The driver had paid for a ticket which was clearly displayed in vehicle as supported by the photographs I have been sent dated and time stamped on the day the PCN was issued, however had overstayed by 13 minutes thus the reason for the PCN. I now know having read this forum that I made an error in contacting NWCP with my new address.


I was not driving the vehicle at the time the PCN was issued. I am the registered keeper although I seldom use the vehicle as have a van I use for work. The driver was named on the insurance as was I. The driver has no recollection of this PCN although NWCP have sent me photographs of the PCN affixed to the windscreen.

I moved out of the property at the middle of April 2017 and into a new address. The vehicle was advertised for sale during the time of the move and as I did not want to be without the logbook while waiting for it to come back from the DVLA in case someone came to view and buy the car and so I did not update this to my new address. The vehicle the PCN was issued to was sold in July of 2017 and I have proof of the sale via an email from eBay. I have proof of the move with electoral role, council tax, utility bills etc.

Initially I intend to apply for a set aside using from N244. I have researched how to fill out this form via this site and pepipoo but would like some advice to ensure I am following the correct procedures.

On the N244 form is asks:

'Have you attached a draft of the order you are applying for'?

I intend to write - no.

'What information will you relying on, in support of your application'

I intend to tick the 'evidence set out in the box below'.

My draft statement is as follows: -

I am xxxxxxxxxx and I am the Defendant in this matter.
This my supporting Statement in support of my application dated 25/11/17 to:
· Set aside the Default Judgement dated July 2017 as it was not properly served at my current address;
· Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
· Order for the original claim to be dismissed.

1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in July 2017. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until November 2017 when I was doing a routine check on my credit file. I understand that this Claim was served at previous address (xxxxx). However, I moved to a new address in April 2017. In support of this I can provide confirmation from xxxxx County Council showing my updated details for the purposes of paying Council tax.

1.2. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to challenge the Claimant’s claim.

1.3. On the 24/11/2017 I contacted Northampton County Court to request information regarding the Default Judgement. I immediately, also on 24/11/207 contacted NWCP for further information. As the registered keeper of the vehicle i have taken steps to revolve this matter as soon as I became aware.

1.4. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.



2. Order dismissing the Claim

2.1. I further believe that the original Claim by the Claimant has no merit and should thus be dismissed. I understand that the Claimant is a Parking Company which seeks to claim for “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.

2.2. If the Claimant has obtained details of the vehicle for which the Defendant is the Registered Keeper, and used those details to make a claim for a “Parking Charge Notice’’, I thus dispute the claim in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to come into force.

2.3. If the Claimant can evidence that the alleged incident relates to a vehicle for which the Defendant is the Registered Keeper, any Notice to Keeper served by the Claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the Claimant cannot provide such evidence and further submit that the Claimant does not include ‘Protection of Freedoms Act 2012’ wording on the Parking Charge Notices they issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.

2.4. A requirement of the Protection of Freedoms Act 2012 is that this any Notice to Keeper served by the Claimant must be served within 14 days of the date of the alleged incident. Since I have not received any documentation from the Claimant prior to finding out about the Default Judgement, I submit the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against me as the Registered Keeper in any case.

2.5. I further submit that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:
2.5.1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question, and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.
2.5.2. No Loss Suffered by Claimant: Their claim is presumably based on damages for alleged breach of contract. It is a fundamental principle of English Law that a party who suffers damages through breach of contract can only seek through court action to be put back in the same position as they would have been if the breach had not occurred. In order to do so, they must demonstrate their actual, or genuine, pre-estimate of loss. I submit that no loss has been suffered by the Claimant as a result of any alleged breaches of contract on the part of any motorist of the vehicle of which I am the Registered Keeper. I further submit that any loss to the landholder (which would be the only party able to claim such losses) would be at most a few pounds.
2.5.3. Claimed charge is an Unenforceable Penalty: I further submit that the Parking Charge that the Claimant claimed, given it is not based on any loss suffered due to the alleged breach, is nothing but an unenforceable penalty.
2.5.4. No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to Civil Enforcement Ltd.
2.6. On this basis I believe that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.
2.7. In order to make informed decisions and statements in my defence as keeper of the a vehicle, I will require copies of all paperwork and pictures of all signs from the Claimant.

Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

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Also worth noting is the photo's they've sent me; the pictures of the vehicle are all time stamped in the evening in question, it was dark and the car park poorly lit, but the picture they sent me of the sign was dated 23/11/17 in the morning when it was daylight!

This is obviously a very brief summary of what I intend to submit on the N244, but am I on the right track with this? Is there anything else anyone feels I should include or have omitted? Should I include evidence of my house move? I have nothing to lose here as I already have a default judgement, it's very important this is set aside due to the impact this will have on my ability to gain credit or anything else that requires a credit check. Your input would be appreciated enormously.