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

freddiefluff

No, that is copied, I will update with my own information. 

So this is the final version I believe, once I add in my name and case details: 

The draft order is as follows:

UPON the Defendant's application dated 1st of June 2025 (the "Application")

AND UPON READING the witness statement of XXXX dated 1st of June 2025

IT IS ORDERED THAT:

1. The default judgment entered against the Defendant dated 17th of September 2024 (the "Default Judgment") be set aside pursuant to CPR 13.2 [CPR 13.3(1)];
2. The claim (no. XXXX) ("Claim") is dismissed.

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. 

freddiefluff

Draft witness statement for CCJ set-aside – grateful for any feedback before submission. All identifiers redacted. Thank you in advance. 

Case number [INSERT CASE NUMBER]

WITNESS STATEMENT

I, [YOUR FULL NAME], residing at [YOUR CURRENT ADDRESS], will say as follows:

1. I am the Defendant in this matter, and I make this witness statement in support of my application to set aside the County Court Judgment (“CCJ”) entered against me on 17 September 2024, in default due to defective service of the Claim. I am defending this claim as the registered keeper, not the driver.

2. I only became aware of the Default County Court Judgment after receiving a debt collection letter from Direct Collection Bailiffs Ltd dated 17 February 2025, referencing a CCJ in favour of ParkingEye Ltd.

3. The Claimant served the claim to an old address. This is a breach of CPR 13.2(a) as the claim form was never served to my current address.

4. The Claimant had a duty to take reasonable steps to check for the correct address, in accordance with CPR 6.9(3) and the BPA Code of Practice, particularly because they received returned mail from my former address marked “not known at this address.” Despite this, they issued a claim to that address without verifying whether I still lived there.

5. I had not received any claim form or detailed particulars of the claim regarding this matter until the DCBL letter. I was therefore unable to respond or defend the claim.

6. I moved to my current address in February 2024 due to personal circumstances, including a divorce. I updated my address with the electoral roll and local council, but had not yet updated my driving licence or V5C at the time of the claim. I was unaware that failure to do so would have legal implications.

7. I am in contact with the current resident of my former address, who confirmed that she returned any post addressed to me marked “Not known at this address.” I believe this would have included correspondence from the Claimant. The Claimant therefore ought to have known that I no longer resided there and should have taken reasonable steps to locate my current address.

8. The claim form was not served by recorded or signed-for delivery, and there was no confirmation of receipt. The fact that post was returned undelivered should have prompted the Claimant to investigate further. Service was not valid, and the default judgment was wrongly entered.

9. On 18 March 2025, I wrote to ParkingEye Ltd at their registered office, inviting them to consent to a set-aside on the basis of improper service. I gave them two weeks to respond. A copy of this letter is attached as Exhibit SH1. I received no response.

10. I do not admit the alleged breach. I am the registered keeper of the vehicle in question. I have no recollection of any PCN being received or any issue regarding parking on 16 May 2024. The location in question is a free car park with time restrictions, and it is possible that the vehicle entered and exited the site twice that day — a known flaw in ANPR systems — or that there was a genuine error. I dispute that any contractual breach occurred or that a valid charge is owed.

11. The signage may not have met the necessary standards required to form a binding contract. I dispute that any valid contract was formed or that the terms were clearly communicated.

12. I also rely on CPR 13.3(1)(b) on the basis of “some other good reason.” I had no knowledge of the proceedings and acted promptly when I discovered the judgment.

13. This application is made promptly and without delay, as soon as I was made aware of the CCJ. A draft defence is attached.

14. I respectfully submit that:

• I was not properly served.

• I acted promptly upon discovery of the judgment.

• I have a real prospect of successfully defending the claim.

• There is no prejudice to the Claimant in allowing the matter to be heard on its merits.

1. For these reasons, I respectfully request the Court to:

• Set aside the default judgment;

• Strike out the claim (if applicable);

• Grant me 14 days to file a full defence;

Statement of Truth
I believe that the facts stated in this witness statement are true.

Signed: ________________________
Dated: ________________________

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. 

freddiefluff

Hi @Coupon-mad,

I've now drafted my Witness Statement for the set-aside application (based on the feedback here and examples like icy_fox and Truss_me). I’ve tried to follow the structure you recommend, including CPR 13.2/13.3 and relevant points about defective service.

Would really appreciate a sense check before I submit to the court. Thanks in advance!

WS is below. Skeleton Argument to follow separately.