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

freddiefluff

Thank you so much! I am reading through it all now. I had been worried about the promptness issue, as I have been trying my best but have been finding it challenging. 

Coupon-mad

Be ready to correct the judge if they start talking about promptness. Point out that in the landmark case of VCS v Carr, Mr Carr took around a year to apply to set aside an improperly served CCJ.

Promptness isn't a valid consideration in an application relying on CPR 13.2.

Like VCS v Carr, this is a mandatory set aside with the court having no power of discretion: the CCJ MUST be set aside and the claim MUST also be struck out AND you must get all your costs too (pursuant to the CoA case).

Hence why the advice is DON'T mention that in your WS; don't provide wriggle room for the judge to even think about.

freddiefluff

Apologies for the delay in responding - I have been ill. 

I really appreciate all the feedback and here is my final version, based upon what you shared. 

Could you give me your thoughts before I submit? Thanks again @Coupon-mad

WITNESS STATEMENT OF [YOUR FULL NAME]

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

1. I am the Defendant in this matter, and I make this statement in support of my application to set aside the default judgment dated 17 September 2024, pursuant to CPR 13.2 and/or CPR 13.3. I am the registered keeper of the vehicle in question. I was not the driver on the date of the alleged parking event.

2. I only became aware of the default judgment upon receiving a debt recovery letter from Direct Collection Bailiffs Ltd in late February 2025. I had no prior knowledge of any court proceedings or County Court Judgment.

3. The Claim Form was served to an address where I no longer resided. I moved to my current address in February 2024 due to personal circumstances, including a divorce. I updated my records with the council and the electoral roll. Post sent to my former address was being returned marked “not known at this address” by the current occupant, who confirmed this to me.

4. I did not receive a copy of the claim form, particulars of claim, or any pre-action correspondence. As such, I was denied any opportunity to defend the claim or respond.

5. The Claimant had reason to believe I was no longer at the service address, and they failed to take reasonable steps to verify my current address, contrary to CPR 6.9(3). No evidence has been provided that a trace was conducted before issue, and any mail returned undelivered ought to have triggered further checks.

6. The Claim Form was issued on 13 May 2024. As it was not validly served and no valid service took place within the four-month period specified by CPR 7.5, the claim has expired and is no longer valid.

7. This is confirmed by the binding authority of Vehicle Control Services Ltd v Carr [2025] EWCA Civ 43, which held that where a claim has not been served within four months, and the Claimant had reason to believe the Defendant was no longer at the last known address, the court has no discretion: the judgment must be set aside and the claim struck out.

8. Further, the particulars of claim are vague and generic. They do not specify the conduct alleged to constitute a breach, nor do they identify how any contract was formed or breached. This is consistent with the “woefully inadequate” pleadings considered in Civil Enforcement Ltd v Chan and CPMS Ltd v Akande, where similar claims were struck out.

9. I contacted the Claimant in March 2025 and invited them to consent to set aside the judgment. My letter went unanswered. I have since prepared and filed this application.

Conclusion

1. I respectfully submit that:

• The claim was not properly served in accordance with CPR 6.9;

• The claim has expired and must be struck out under CPR 7.5;

• The default judgment is void and must be set aside under CPR 13.2;

• The Claimant's pleadings are inadequately particularised and disclose no cause of action;

• The Claimant should pay the costs of this application due to their failure to take reasonable steps and unreasonable conduct.

Statement of Truth
I believe that the facts stated in this witness statement are true.
I understand that proceedings for contempt of court may be brought against a person if they make, or cause to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: ________________________
Dated: ________________________

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DRAFT ORDER

UPON the Defendant’s application dated 1 June 2025 (the “Application”)
AND UPON READING the Defendant’s witness statement dated 1 June 2025 and the exhibits
AND UPON the Court noting that the Claim Form was not validly served in accordance with CPR 6.9 and CPR 7.5
AND UPON the Court having regard to the binding authority of VCS v Carr [2025] EWCA Civ 43

IT IS ORDERED THAT:

1. The default judgment dated 17 September 2024 (the “Default Judgment”) is hereby set aside pursuant to CPR 13.2 and/or CPR 13.3.

2. The claim is struck out as it was not validly served within the time permitted by CPR 7.5 and/or discloses no cause of action.

3. The Claimant shall pay the Defendant’s costs of and occasioned by this Application, to be assessed if not agreed.

freddiefluff

Bumping this up - @Coupon-mad or anyone else who can help. Thanks so much. 

Coupon-mad

Looks good but add here the extra bit I've added between two sentences:

Further, the particulars of claim ('POC') are vague and generic: NB I was only emailed a copy of the (expired) POC by the CNBC on DATE/YEAR which, for the avoidance of doubt, is well outside the 4 months deadline and the actual Claim Form was never served. The POC do not specify...