Help Needed with Private Parking Fine Escalated to Small Claims Court

Coupon-mad

You did. It was the Claim Form and a ream of pages.

Gr1pr

There would have been an N1SDT claim form sent to an address ( in theory your home address,  not an old address  ), probably in November 2024 ( its the one letter that you have not shown us yet   ) it looks similar to the claim form in the following 2 threads

https://forums.moneysavingexpert.com/discussion/comment/81120733#Comment_81120733?utm_source=community-search&utm_medium=organic-search&utm_term=password+showing+on+claim+form+

https://forums.moneysavingexpert.com/discussion/6580688/dcblegal-claim-parking-eye-hm-courts-claim/p1

That N1SDT claim pack wasn't dealt with at the time,  leading to the default Judgment letter above in December 2024, typically around a month after the issue date on the claim form,  when the claimant requested it 

There will now be a default recorded against you due to not paying the judgment within 30 days of that 17 December letter 

The only way to change this is to try to obtain a set aside,  but there would need to be good reasons allowed by the justice system in order for a judge to set aside the current CCJ made against you . This would normally cost £303 with no guarantee of success,  unless you qualify for help with fees   ?

Mrpickless

I will have to go through my letters but as far as I recall I have not seen that letter but will have to double check.

Assuming that I have received it.

Would health issues and Doctors notes for that period be a valid reason to apply for the CCJ to be set aside and I do qualify for help with fees.

LDast

Mistakes by the defendant can provide grounds to request a set-aside of a judgment under certain circumstances, but the success of the application will depend on the specifics of the case and whether the court considers it just to grant the request. The primary rule governing such applications is CPR 13.3, which allows for a set-aside at the court's discretion if the defendant demonstrates one or both of the following:

1. A real prospect of successfully defending the claim (CPR 13.3(1)(a)).
2. Some other good reason why the judgment should be set aside or the defendant should be allowed to defend the claim (CPR 13.3(1)(b)).

• The Overriding Objective (CPR 1.1): The court must deal with cases justly, ensuring fair treatment for both parties and proportionality in the process. If a mistake was genuine and did not unfairly prejudice the claimant, the court may consider it reasonable to grant the application.

Promptness of the Application: The defendant must act quickly upon discovering the judgment. If they delay in making the application without good reason, it may harm their chances of success.

A Real Prospect of Defence: Even if the mistake was the defendant's fault, the court is more likely to set aside the judgment if the defendant can demonstrate a real prospect of successfully defending the claim. A defence with some merit can outweigh procedural errors by the defendant.

Seriousness of the Consequences: If the CCJ has a severe impact on the defendant (e.g., affecting credit ratings or employment), the court may consider this when deciding whether to set it aside.

If the defendant cannot show a strong defence to the claim, the application may still succeed if there is "some other good reason" to set the judgment aside. For example:

• The mistake was honest and understandable, such as confusion due to illness, mental health issues, or external pressures.
• The judgment was obtained in circumstances where the claimant acted unfairly (e.g., failing to comply with pre-action protocols).
• Setting aside the judgment would serve the interests of justice, especially if the mistake did not significantly prejudice the claimant.

The court will generally expect defendants to take reasonable care when dealing with court documents. However, mistakes can happen, and the court will focus on:

• Whether the defendant acted in good faith.
• Whether the defendant has a plausible defence to the claim.
• Whether setting aside the judgment would unfairly prejudice the claimant.

To strengthen an application to set aside a CCJ due to a mistake:

1. Acknowledge the mistake. Be honest and explain why it occurred, providing evidence if possible (e.g., medical records, personal circumstances).
2. Demonstrate a real prospect of defence. Outline the key points of your defence to show that the judgment is not inevitable.
3. Act promptly. File the application as soon as you become aware of the judgment.
4. Cite the overriding objective. Emphasise fairness and proportionality, especially if the claimant has not been unduly prejudiced by your mistake.

Mistakes alone may not guarantee a set-aside, but when combined with a real defence and fairness arguments, they can be sufficient grounds for success.

Your choice. Six years of financial pain and hardship may well justify the £303 application fee.

Coupon-mad

Mrpickless said:

I will have to go through my letters but as far as I recall I have not seen that letter but will have to double check.

You did, with that covering letter was a claim form and enclosures. Looked like this:

https://forums.moneysavingexpert.com/discussion/comment/81233539/#Comment_81233539

IMHO, because you qualify for Help With Fees, it is a complete no-brainer to try your Free Hit of a N244 application. Do it without fail, this month!

You will need us to review your witness statement and Draft Order.

Mrpickless

You did, with that covering letter was a claim form and enclosures. Looked like this:

https://forums.moneysavingexpert.com/discussion/comment/81233539/#Comment_81233539

---

The covering letter was on the front page of the default claim, which is a two-sided document. I have gone through all my letters and can confirm I did not receive that letter. Had I seen it, I would have responded and defended the claim.

I will fill out the form and upload it here for your review, if that’s okay.

To clarify, below you’ll find the front and back of the same letter. I did not receive any other correspondence from the court before this.

While reviewing all my letters, I noticed this has happened before with another case. Which led directly to a default claim with no court dates or response letter allowing me to defend myself.

FRONT:

Back:

Coupon-mad

The CNBC has screwed up, it seems. Yes this same thing was seen in another case.

Complain or just put in a N244 application (for free if you get full Help with Fees).

Mrpickless

Thanks for the advice 

Coupon-mad

Mrpickless said:

Thanks for the advice 

What has happened with your CNBC complaint?

You have a CCJ so you cannot delay.  You are required to put a CCJ set aside application in promptly, unless the CNBC are admitting to error and are setting it aside?