Is this Judgment Worth Persuing

Dark_Mackerel

I have been helping my brother-in-law to fend off a PCN after parking at University Hospital Coventry. Unfortunately he neglected to send me the pre-court Claim Form, thinking it was a debt recovery type letter, and ended up with a Judgment for Claimant (In default). Timeline ;

Parked at hospital 15-01-2025
Parkingeye PCN 25-01-2025
Claim Form 28-04-2025
Judgement for Claimant (In default) 27-05-2025

Is it worth trying to defend this Judgment even though the claim was not contested?

Any help you can give would be very much appreciated.

troublemaker22

Start by showing us the claim form. Redact claim reference, motorist’s name, address and vehicle number 

Dark_Mackerel

Thanks for responding #troublemaker22. I left some references on the form so have now replaced it as below and requested the removal of the original.

(Image removed by Forum Team)

troublemaker22

This is eminently challengeable. The precise method and tactics will depend on the facts. Was the car parked in a place reserved for blue badge holders and (if so) was the driver or any passenger a disabled blue badge holder?

ChirpyChicken

troublemaker22 said:

This is eminently challengeable. The precise method and tactics will depend on the facts. Was the car parked in a place reserved for blue badge holders and (if so) was the driver or any passenger a disabled blue badge holder?

Yet they have already have a judgment in default. Having received the claim form...

troublemaker22

Yes. It will be fact-dependent. Hence my questions. But it’s perfectly possible to get a judgment set aside when the claim form was received. Non receipt of the claim form is not the only set-aside ground in CPR 13

Dark_Mackerel

troublemaker22, I have checked and yes he was parked in a disabled blue badge space with the blue badge displayed.

Dark_Mackerel

Yes there was a disabled person in the car, the driver.

ChirpyChicken

troublemaker22 said:

Yes. It will be fact-dependent. Hence my questions. But it’s perfectly possible to get a judgment set aside when the claim form was received. Non receipt of the claim form is not the only set-aside ground in CPR 13

Thanks
I am aware of that however its a highish bar to cross (as I am sure you are aware also)

Unless they are entitled to help with fees I wouldn't bother. Of course if they are then happy days

Dark_Mackerel

ChirpyChicken said:

troublemaker22 said:

This is eminently challengeable. The precise method and tactics will depend on the facts. Was the car parked in a place reserved for blue badge holders and (if so) was the driver or any passenger a disabled blue badge holder?

Yet they have already have a judgment in default. Having received the claim form...

He had never seen this type of document before; he thought the claim form was a pressure-to-pay letter from ParkingEye.

Coupon-mad

Dark_Mackerel said:

troublemaker22, I have checked and yes he was parked in a disabled blue badge space with the blue badge displayed.

So I think the PCN was punishment for not 'registering'' the Blue Badge inside the hospital; a legally unfair (illegal) charge which is completely challengeable as charging disabled persons for not knowing about the additional burden (of registering the Blue Badge ... imposed unexpectedly on top of the usual expectation of displaying it) is certainly a breach of the Equality Act 2010.

It's also excessive to get KADOE data of disabled people too soon: this is 'special category data' for which there is a double justification needed, not just legitimate interest. The industry should never monitor accessible bays by remote camera systems and shift the burden to the disabled person.

Does the defendant qualify for Help With Fees? Google it.