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

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N244 APPLICATION NOTICE:

Form N244:

Name of court: Civil National Business Centre

Claim No. <CLAIM NUMBER>

Claimant’s name (including ref.): UK Car Park Management Limited <CPM NUMBER>

Defendant’s name (including ref.) <MY NAME>

Date: <Date submitted>

 

1.        <MY NAME>

2.        Defendant

3.        An order that the judgment dated 6 May 2025 be set aside because pursuant to CPR 13.2 (a) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied (draft order attached).

4.        Yes

5.        At a hearing

6.        <Left blank as per guidance notes sheet, as I have no idea>

7.        N/A

8.        District Judge

9.        UK Car Park Management Limited

            9a <Left blank. Should I include the claimant’s solicitor’s address here?>

10.   Witness statement ticked. The following text also included in N244 box 10.

The Claimant served proceedings at an address not used by the Defendant since April 2024 in violation of CPR 6.9(3). The Claimant found the Defendant's email address after default judgment and then utilised this to serve notice of enforcement. This email address could have been used as an alternative method by which service could have been effected, per CPR 6.9(4). Hence the Claimant asks the court to set aside the judgment pursuant to CPR 13.2.

Even if the court is not satisfied that my case meets the criteria relating to a mandatory set aside due to defective service (CPR 13.2), I will say that I also meet the criteria for the CCJ to be set aside on the grounds of CPR 13.3:

 (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why -

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

 (2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

 

11.   No. Left blank

<Statement of truth, date, address information on pages 4 and 5 filled in as appropriate>

 

N244 Box 10

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DRAFT JUDGMENT ORDER

CLAIM No: XXXXXXX
BETWEEN:
UK CAR PARK MANAGEMENT LTD (Claimant)
-- and --
XXXXXXX (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________
IT IS ORDERED THAT:

UPON considering the application of the Defendant  dated 16 July 2025 to set aside the judgment by default;

AND UPON reading the evidence in support of the application;

AND UPON the court taking note that the Claimant was not entitled to default judgment, having failed to serve on Defendant's current residential address;

IT IS ORDERED:

1. The Judgment by default entered against the Defendant on 6 May 2025 is hereby set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4:00 pm on [date: 4 months from original claim form], paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £313 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on [date: 2 weeks after deadline in 3. above] .

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £313 plus the Defendant's costs for attending the hearing.

6. That all enforcement be put on hold pending the outcome of the application.

***I have used the above 6-point draft order rather than the new amended 3-point draft order because the original claim form was issued to my old address on 3rd April 2025 , hence the 4-month service period has not elapsed. As they sent the claim form to me in an email yesterday as part of their evidence pack, will this negate the point about expired service?***

Will really appreciate your insights here 

@Troublesum1 

@henrik777 

@icy_fox

@Troublesum1

@Coupon-mad

eyecorn1

Hi guys I'm still not sure about how to frame my witness statement and draft order fr set-aside as 4 months have not passed since the original claim was issued. I found out the date on the claim form (3rd April 2025) when Gladstones Solicitors sent me their email on Monday with all the documents. Will this have an impact on my set-aside strategy? Should I ask the court to set-aside and allow the claim form to be re-issued to my current address as it's not yet been 4 months?

Really need your advice as this seems slightly different from all the other threads I've read so far

Castle

What do the POC say is the breach? 

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Castle said:

What do the POC say is the breach? 

PARTICULARS OF CLAIM:

The driver of the vehicle with registration xxxxxx (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at xxxxxxxxxxxxx CAR PARK on 26/03/2024

thus incurring the parking charge (the 'PCN'). The  PCN was not paid within 28 days of issue. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the

Defendant has failed to settle their outstanding liability.

THE CLAIMANT CLAIMS £100 for the PCN, £70.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £12.76 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day.

My dilemma is should I be asking the court to set aside the default judgment due to the claim having expired unserved (or defective service) even though it is still within the 4-months period? If not, what should I be asking for instead? For the court to set-aside the default judgment to enable the claimant correctly serve the claim?

As part of the correspondence documents Gladstones sent to me, I can see they filed the claim on 03/04/2025, so as they have now sent the claim form to me in an email (even though this is after the default CCJ has been issued), will this mean they have now correctly served me?

Coupon-mad

My dilemma is should I be asking the court to set aside the default judgment due to the claim having expired unserved (or defective service) even though it is still within the 4-months period? If not, what should I be asking for instead? For the court to set-aside the default judgment to enable the claimant correctly serve the claim?

Neither. You want to cite Chan and Akande.

As part of the correspondence documents Gladstones sent to me, I can see they filed the claim on 03/04/2025, so as they have now sent the claim form to me in an email (even though this is after the default CCJ has been issued), will this mean they have now correctly served me?

Yes.

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Coupon-mad said:

My dilemma is should I be asking the court to set aside the default judgment due to the claim having expired unserved (or defective service) even though it is still within the 4-months period? If not, what should I be asking for instead? For the court to set-aside the default judgment to enable the claimant correctly serve the claim?

Neither. You want to cite Chan and Akande.

As part of the correspondence documents Gladstones sent to me, I can see they filed the claim on 03/04/2025, so as they have now sent the claim form to me in an email (even though this is after the default CCJ has been issued), will this mean they have now correctly served me?

Yes.

Thanks for your input, Coupon-mad. My understanding of my particular case is that even though a CCJ has been obtained against me at my old address, I cannot apply for a set-aside relying on CPR 13.2 (expired unserved) as 
the claim form has now been sent to me (alongside the already obtained default judgment) by email within the 4-month notice period. Hence my strategy should instead be:

1.) Apply for set-aside on the grounds of CPR 16.4, 16PD3 and 16PD7 based on two recent case laws (Chan & Akande). I need to do this  ASAP - I'm thinking tomorrow as it's been almost 4 days since I received the response from Gladstones.

2.) My draft judgment order and witness statement will reflect the above strategy, but also as an alternative I can rely on CPR 13.3 for set-aside.

Is my 2-step summary of set-aside strategy mostly correct?

Coupon-mad

I cannot apply for a set-aside relying on CPR 13.2

Yes you can! Whilst they did (eventually) serve a copy, it was merely for info and too late to defend, as this was post-CCJ by then.

CPR 13.2 applies because you had no opportunity to defend, due to their use of an old address with no check.