CCJ from Parking Eye - help to get it set aside and contest charge

Le_Kirk

Is it really dated 12 July 2024?  Judges like to see prompt action taken!

freddiefluff

No - this is an example I have copied from another thread. Mine was later but I only found out about it in Feb this year. I have been working through the steps in between health issues. 

freddiefluff

Hi @Coupon-mad

IS this draft order ok? 

IT IS ORDERED THAT:

UPON considering the application of the Defendant to set aside the Judgment by default entered on XXXX;

AND UPON reading the witness statement of the Defendant dated [     ] May 2025 in support of the application;

AND UPON the court taking note that the Claimant was not entitled to default judgment, having failed to serve the claim form at the Defendant’s usual or last known address, contrary to CPR 6.9 and CPR 13.2;

AND UPON the court finding that the Defendant has acted promptly upon becoming aware of the Default Judgment and has filed a draft defence which discloses a real prospect of defending the claim, pursuant to CPR 13.3(1)(a);

AND UPON the court further noting that the Particulars of Claim fail to comply with CPR 16.4(1)(a) in that they do not provide a concise statement of facts or disclose a cause of action with sufficient clarity;

IT IS ORDERED THAT:

1. The default judgment entered against the Defendant on XXXX is hereby set aside.

2. The Defendant shall file and serve a full Defence within 14 days of the date of this Order.

Dated: __________

freddiefluff

I am now working on the witness statement. Thanks so much. 

freddiefluff

Here is my draft witness statement - I would appreciate your thoughts:

1. WITNESS STATEMENT 

   I, XX, of XX, state as follows:

   1. I am the Defendant in these proceedings.
      
      

   2. I make this witness statement in support of my application (the “Application”) to set aside the default judgment dated 12 July 2024 (the “Default Judgment”) pursuant to CPR 13.2 and/or CPR 13.3.
      
      

   3. The facts and matters set out in this statement are within my own knowledge unless otherwise stated, and I believe them to be true.
      
      

   ---

   Background

   1. In February 2024, I moved to my current address at 8 Silverdale Grove, Guiseley, Leeds, LS20 8BA due to personal circumstances, including a divorce. I updated my address on the electoral roll and with the local council for council tax purposes, but at that time I had not updated my driving licence or V5C vehicle registration document as I was unaware of the requirement.
      
      

   2. I first became aware of this claim in February 2025 when I received a debt collection letter from Direct Collection Bailiffs Ltd (“DCBL”) dated 17 February 2025, referencing a County Court Judgment in favour of ParkingEye Ltd.
      
      

   3. I immediately contacted the County Court Business Centre (CCBC) to find out more. I was informed that a default judgment had been entered on 12 July 2024 regarding an alleged parking charge for an incident on 16 May 2024.
      
      

   4. I had received no communication about this matter prior to the letter from DCBL, including no claim form or pre-action correspondence. This was the first I had heard of any parking issue or legal claim.
      
      

   5. I visited the location in question on 16 May 2024. I do not recall overstaying, and I am always cautious of parking restrictions. It is possible I entered the site twice that day — a known issue in ANPR systems — or there may have been a misunderstanding or error.
      
      

   6. At the time the claim was issued (13 May 2024), I had not yet updated my V5C. As such, the claim form was sent to my old address, and I never received it. I was unaware of the proceedings and did not have any opportunity to acknowledge service or submit a defence.
      
      

   7. I am in contact with the current resident of my former address. She informed me that she returned post addressed to me marked “Not known at this address.” I believe this would have included correspondence from the Claimant. This confirms the Claimant had reason to believe I no longer lived at that address and should have taken reasonable steps to identify my current address under CPR 6.9(3).
      
      

   8. To my knowledge, the Claim Form was not served by recorded delivery or signed-for service. I never received the documents, and no attempt was made to confirm delivery. The fact that post was returned as undelivered ought to have indicated to the Claimant that service had not been effected.
      
      

   ---

   Attempts to Resolve with the Claimant

   1. On 18 March 2025, I wrote to the Claimant’s solicitors requesting that they consent to a joint application to set aside the default judgment. In that letter, I explained that I had never received the claim and that the Claimant had failed to take reasonable steps to serve it at my correct address. I gave them two weeks to respond. A copy of this letter is included at Exhibit SH1.

   2. I received no response. The Claimant did not acknowledge my letter or engage with my offer to resolve the matter amicably.

   3. I believe this demonstrates that I acted reasonably and in good faith to avoid unnecessary court action, and that the Claimant’s failure to engage left me with no option but to apply to set aside the judgment unilaterally.

   ---

   Application Under CPR 13.2 – Judgment Wrongly Entered

   1. The claim form was served to an address where I no longer resided. The Claimant had reason to believe that I no longer lived there and was under a duty to take reasonable steps to ascertain my correct address under CPR 6.9(3). They failed to do so.
      
      

   2. Because I was not properly served, I was not required to file an acknowledgment of service or defence. The default judgment was therefore wrongly entered, and the court must set it aside under CPR 13.2.
      
      

   3. Although I was unable to acknowledge service, I also reserve the right to rely on CPR 11 to dispute the court’s jurisdiction, as the Claimant failed to serve the claim properly in accordance with the Civil Procedure Rules.
      
      

   ---

   Application Under CPR 13.3 – Discretionary Grounds

   1. Alternatively, I apply under CPR 13.3.
      
      

   2. I have a real prospect of successfully defending the claim. I do not admit the alleged breach. I was not made aware of any parking charge until the DCBL letter in 2025. There may have been a double entry that day, and I dispute that any contract was properly formed or that the signage met the necessary requirements.
      
      

   3. I also rely on other good reasons under CPR 13.3(1)(b). I had no knowledge of the proceedings, and the claim was not brought to my attention. Once I became aware of the judgment, I acted promptly to investigate and resolve the matter.
      
      

   ---

   Promptness and Relief from Sanctions

   1. I first became aware of the default judgment on 17 February 2025 and immediately took steps to contact the court and the Claimant. This application is being made without delay and includes a draft defence.
      
      

   2. I understand the court may consider the application under the principles of CPR 3.9, and the three-stage test set out in Denton v T H White Ltd [2014] EWCA Civ 906:
      
      

   • (i) Assess the seriousness and significance of the breach;
     
     

   • (ii) Consider why the default occurred;
     
     

   • (iii) Evaluate all the circumstances of the case so that it is dealt with justly.
     
     

   1. I respectfully submit:
      
      

   • I did not cause the default judgment to be entered — I was never served.
     
     

   • I acted promptly.
     
     

   • I have a real prospect of defending the claim.
     
     

   • There is no prejudice to the Claimant in allowing me to defend the case on its merits.
     
     

   ---

   Conclusion

   1. For the reasons above, I respectfully ask the court to set aside the default judgment under CPR 13.2 and/or 13.3 and to allow me 14 days to file a defence. A draft order and draft defence are attached to this application.
      
      

freddiefluff

And then a draft Defense as well, so I can hopefully get ahead with what might be needed. 

1. The Defendant is the registered keeper of the vehicle in question but denies that they are liable to the Claimant in the terms alleged, or at all.

2. The Defendant denies that any contract was formed. The signage at the location is denied to have been sufficiently prominent, clear, or legible to form a binding agreement. The Claimant is put to strict proof that:

• The signage complied with the BPA Code of Practice;

• The terms were clearly communicated;

• The Defendant agreed to those terms by conduct.

3. The Particulars of Claim do not meet the requirements of CPR 16.4 or Practice Direction 16, paras 7.3–7.5. They are vague and provide no basis for understanding what the alleged terms were, how they were breached, or how the amount claimed has been calculated. This fails to establish a clear cause of action.

4. The Defendant has no recollection of overstaying on the alleged date. It is possible that the vehicle entered the site more than once, which may have caused a false reading by the Claimant's ANPR system. This issue is known to occur and has been reported in similar claims. The Claimant is put to strict proof of a single, continuous stay, and is requested to provide full ANPR logs for that day.

5. The Defendant denies that a parking charge notice was ever received and was unaware of any alleged contravention until a debt recovery letter was received many months later. This deprived the Defendant of any opportunity to appeal or respond.

6. The Defendant further denies that they were properly served with the claim form. The Defendant had moved house before the claim was issued and had not updated the V5C logbook at the time, due to personal and mitigating circumstances. The Defendant is in contact with the current occupant of the former address, who has confirmed that post addressed to the Defendant was returned marked "Not known at this address". The Claimant therefore had reason to believe the address was no longer valid and failed in their duty under CPR 6.9(3) to take reasonable steps to ascertain the Defendant's current address.

7. As a result, the Defendant did not receive the claim form and was unaware of the proceedings. The default judgment was therefore wrongly entered and should be set aside under CPR 13.2. In the alternative, the Defendant relies on CPR 13.3, having acted promptly upon learning of the judgment and having a real prospect of defending the claim.

8. The Claimant appears to have claimed a total sum of £302, which is significantly higher than the typical £100 charge associated with parking charge notices. The Defendant does not know the precise breakdown of this amount, as the original PCN and detailed particulars of claim were never received.

9. If the Claimant has added an extra £60 in so-called “debt recovery” or administrative charges, the Defendant submits this is an attempt at double recovery. Under Schedule 4 of the Protection of Freedoms Act 2012, paragraph 4(5), the maximum sum recoverable from the registered keeper is the amount stated in the Notice to Keeper.

10. The Defendant invites the Court to strike out any sum above the original PCN amount unless the Claimant can justify it with proper evidence.

11. The Defendant also notes that the Claimant failed to engage when contacted prior to this application. On learning of the default judgment, the Defendant wrote to the Claimant's solicitors inviting a joint application to set aside the judgment. No response was received, and the Defendant had no option but to file this application unilaterally.

12. The Defendant respectfully requests that the claim be struck out, or that the judgment be set aside and the Defendant given leave to file a full defence.

---

Statement of Truth:

I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes a false statement in a document verified by a statement of truth.

Signed:
Dated:

KeithP

freddiefluff said:

Here is my draft witness statement - I would appreciate your thoughts:

1. WITNESS STATEMENT OF S________ H____

Is that your real name you have shown the world?

Coupon-mad

freddiefluff said:

Hi @Coupon-mad

IS this draft order ok? 

IT IS ORDERED THAT:

UPON considering the application of the Defendant to set aside the Judgment by default entered on XXXX;

AND UPON reading the witness statement of the Defendant dated [     ] May 2025 in support of the application;

AND UPON the court taking note that the Claimant was not entitled to default judgment, having failed to serve the claim form at the Defendant’s usual or last known address, contrary to CPR 6.9 and CPR 13.2;

AND UPON the court finding that the Defendant has acted promptly upon becoming aware of the Default Judgment and has filed a draft defence which discloses a real prospect of defending the claim, pursuant to CPR 13.3(1)(a);

AND UPON the court further noting that the Particulars of Claim fail to comply with CPR 16.4(1)(a) in that they do not provide a concise statement of facts or disclose a cause of action with sufficient clarity;

IT IS ORDERED THAT:

1. The default judgment entered against the Defendant on XXXX is hereby set aside.

2. The Defendant shall file and serve a full Defence within 14 days of the date of this Order.

Dated: __________

No you don't send that. Read a more recent example: e.g. the thread by @Truss_me

freddiefluff

Ok, thanks @Coupon-mad. I got confused and looked at the threads you suggested for the WS, and copied their draft orders too. Thanks for your patience. 

So updated Draft order then based upon the one shared by Truss_me:

UPON the Defendant's application dated XX (the "Application")

AND UPON READING the witness statement of XXXX dated XXX,

IT IS ORDERED THAT:

1                 The default judgment entered against the Defendant dated 12 July 2024 (the "Default Judgment") be set aside pursuant to CPR 13.2 [CPR 13.3(1)];

2                 The claim (no. XXXX) ("Claim") is dismissed.

Coupon-mad

Yep, if your parking date was 12 July 2024. Your WS must match this and so must your n244 'What Order?' answer.