CCJ From Old Address Related to Parking Fine - Seeking advice on set-aside strategy

eyecorn1

Hello Forumites,

 

A lot of very useful material in older threads to help with an issue like this, I cant thank you guys enough for the immense benefit to the common person.

My context is similar to previous threads so I’ll just summarise most important aspects and detail my intended next steps.

1. PCN Issued 26/03/2024 to old address (got this information from CNBC).
2. I moved address 26/04/2024
3. Not sure when the initial PCN letter would have been sent to old address.
4. Address changed with DVLA on driver’s license. Completely missed requirement to change V5 as well since this is my first time moving addresses with a car to my name (still my fault for this ignorance). I have changed this now.
5. Became aware of CCJ via email from Empira Ltd (notice of enforcement) on 24/06/25
6. Did not reply directly to Empira as they had so many links in their email which raised alarm bells to me as it might have been a phishing scam. They also did not provide any CCJ case number, nor did they provide any particulars of the incident – only that they were representing Gladstone Solicitors (again I’ve never had any dealings with Gladstones or Empira, so more alarm bells).
7. I checked credit report with Experian and discovered there was actually a CCJ against my name on my previous address. It was issued on  06/05/2025 by CNBC. 
8. Rang CNBC to obtain details and was told claimant is UK Car Park Management Ltd., also obtained a copy of the judgement.

Went through similar threads here to understand what to do in this scenario and these are my intended next steps:

1.)    Email to UK Car Park Management Ltd. As the claimant (with their solicitors in copy – Gladstone Solicitors) detailing all of the above and asking them to join me in my application to set aside the judgment. 2-week ultimatum to them to respond. (draft letter in the ensuing posts)

2.)    I don’t expect they will agree to this, so my next step is to fill in the N244 form, pay the £303 fee and provide accompanying witness statement and declaration of truth, as well as draft judgment order. (drafts will be detailed in ensuing posts as well)

3.)    Wait for a hearing date and wait to see what the court decides. I will be hinging my application on defective service CPR 6.9(3), and if judge is not happy then alternatively appeal on the grounds of being able to defend the original PCN.

Is the above strategy okay to run with? (initial email to UKPCM and Gladstones to be shared in next post)

Coupon-mad

Gr1pr

You are definitely not appealing,  you are going for a set aside 

Coupon-mad is on holiday 

eyecorn1

INTENDED FIRST EMAIL TO UK CAR PARK MANAGEMENT LTD.

URGENT

Dear Sirs,

UK CAR PARK MANAGEMENT LTD. (THE ‘CLAIMANT’)  V MY NAME [THE ‘DEFENDANT’] CLAIM REFERENCE [CCJ Case Reference here]

On xxx June 2025, I received the attached email from Empira Ltd notifying me of an unpaid County Court Judgment (CCJ). This came as a tremendous shock as it is the first and only communication I have received from the Claimant or any organisation representing the Claimant in relation to this claim.

Not understanding if this was a scam (as I had never had any dealings with Empira Ltd or their named client Gladstone Solicitors), I ran a credit report with Experian from which I was able to establish details of the said CCJ and found out it was issued by the Civil National Business Centre (CNBC) under case number xxx on the xxx of May 2025.

I made immediate enquiries of the CNBC from which I was able to establish that:

1.       the claim relates to an alleged parking event in March 2024;

2.       the claim form was sent to an old address at which I no longer reside; and

3.       if I had been given the opportunity to do so, I would have successfully defended the claim.

I did not receive any pre-claim correspondence, nor did I receive the claim form or any particulars of claim and was thus deprived of the ability to defend the claim. The Claimant understands people move home from time to time. They also know that I did not respond to any communications sent to me at my old address.

This situation is explicitly dealt with in the Civil Procedure Rules which provide at CPR 6.9(3):

 (3) Where a claimant has reason to believe that the address of the defendant … is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

The Claimant is a member of the International Parking Community (the ‘IPC’) and is bound by the IPC’s Code of Practice which gives voice to CPR 6.9(3) in the following terms:

 22.1 Operators must take reasonable steps to ensure that the Motorist's details are still correct if 12 months have passed from the Parking Event before issuing court proceedings.

If the Claimant had taken the actions required by the Civil Procedure Rules and the Code of Practice, my current address would have been found easily, which is obviously what Empira Ltd. did before sending their email on xxx June 2025.  If those actions had been performed at the correct time rather than after judgment, I would not have been deprived of the ability to defend the claim.

By reason of the Claimant’s breach of the Civil Procedure Rules, which amounts to an abuse of the process of the Court, the claim form was never properly served and the judgment must be set aside at the Claimant’s expense and the claim dismissed because it is now too late for the particulars of claim to be re-served.

In view of the foregoing, I invite the Claimant to join with me in an application to set aside the judgment and dismiss the claim, with the Claimant paying the court fee and no order as to costs.

Please respond to the above offer as soon as possible so that, if the offer is acceptable to the Claimant, we can work together to right the wrong that the Claimant has done to me.

To give you a reasonable time to take instructions and for us to agree a suite of documents for the Court, I am willing to defer making a unilateral application to set aside the judgment until 4:00 pm on xx July 2025 (2 weeks after sending the email). If a joint application has not been made by that time, I intend to instruct a solicitor to apply to the Court unilaterally for an order setting the judgment aside, striking out the particulars of claim, dismissing the claim and awarding costs against the Claimant on a full indemnity basis.

Please respond by immediate return.

Yours faithfully,

cc Gladstone Solicitors

eyecorn1

Gr1pr said:

You are definitely not appealing,  you are going for a set aside 

Coupon-mad is on holiday 

Thanks Gr1pr, I should watch the language I use as that's what I meant - set aside. I have posted the draft email I intend to send out to UK Car Park Management Ltd. Does it seem okay?

eyecorn1

Gr1pr said:

You are definitely not appealing,  you are going for a set aside 

Coupon-mad is on holiday 

@Gr1pr any thoughts on my draft initial response letter to UK CPM? Perhaps I should start a new thread and change the wording of the title from appeal to set-aside?

eyecorn1

@Troublesum1@henrik777@icy_fox

@Zbubuman

Happy to hear your thoughts on the above.

Gr1pr

eyecorn1 said:

Gr1pr said:

You are definitely not appealing,  you are going for a set aside 

Coupon-mad is on holiday 

@Gr1pr any thoughts on my draft initial response letter to UK CPM? Perhaps I should start a new thread and change the wording of the title from appeal to set-aside?

IANAL so have no input regarding the wordings in set asides etc

Leave the thread as it is, edit it when you change from newbie to forumite after a few more posts, but definitely choose legal words carefully from now on,  no need for a new thread 

eyecorn1

Gr1pr said:

eyecorn1 said:

Gr1pr said:

You are definitely not appealing,  you are going for a set aside 

Coupon-mad is on holiday 

@Gr1pr any thoughts on my draft initial response letter to UK CPM? Perhaps I should start a new thread and change the wording of the title from appeal to set-aside?

IANAL so have no input regarding the wordings in set asides etc

Leave the thread as it is, edit it when you change from newbie to forumite after a few more posts, but definitely choose legal words carefully from now on,  no need for a new thread 

Thanks for your input. I will send email out today.

1505grandad

"............., pay the £303 fee .............."

Check the actual amount  -  I believe it has increased.

Gr1pr

It has, to £313 ! , lol

eyecorn1

Quick update:

Received a response from Gladstone Solicitors on 14.07.25 (deadline I gave them); see below:

Dear Mr xxx

We write further to your email dated the xx June 2025.

Please see attached copies of all correspondence in this matter for your records.

As evidenced by the attached images, your vehicle was observed parked outside of a marked bay.

We note your intention to file an application to have the judgment set aside and look forward to receiving a copy of the same for our consideration.

I am going to forward a copy of the form N244 to them but not holding my breath that they agree to a joint set-aside.

As part of the correspondence they provided, there are pictures of the car taken with absolutely no signs where the car was parked so this is just another predatory exercise on their part. I am going to ask them for proof-of-postage for the letter of claim and letter before claim which they purportedly sent to my old address. They also attached a trace letter which was sent to my new address in January, but I don't ever recall receiving this. 

Next posts will be my N244 completed form and supporting witness statement and draft order. I don't suppose I have to send them my witness statement or draft judjgment?