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

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

Coupon-mad

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

freddiefluff

Can you confirm and then check the WS for me? Many thanks

Coupon-mad

I would never add the word "of" in the middle of a written date. It looks ungrammatical.

No idea what your WS now looks like but you can re-post it for us regulars to view later. On threads I never go back looking on previous pages - no time.

freddiefluff

It is hard to tell but that is where my name will go, following the format of the thread you suggested, like this: 

AND UPON READING the witness statement of Jane Doe dated 1st of June 2025. 

I will check the WS based upon what we have discussed and repost here. 

Coupon-mad

freddiefluff said:

It is hard to tell but that is where my name will go, following the format of the thread you suggested, like this: 

AND UPON READING the witness statement of Jane Doe dated 1st of June 2025. 

I will check the WS based upon what we have discussed and repost here. 

Yep but drop the bad English "of" from dates!

Your WS looks nothing like the ones we suggest, including Truss_me's final version and their added skeleton argument where they added VCS v Carr. In the newbies thread I tell people to look at the WS by @icy_fox because you need the case law too.

That statement of truth is over 5 years out of date, so it worries me that you started by reading some really really old stuff!

freddiefluff

The WS is copied directly from the example by Lia_F that you suggested, but maybe what I copied was not a final edit. 

I will cross reference it against icy_fox and Truss_me too and repost. 

Coupon-mad

Are you sure that was her final version? It isn't enough ... so look at the others.

freddiefluff

No, it might not be. Thanks - yes, I will check out the others too.