"set aside" for 2 CCJ claims on MCOL... newbie help (Euro Car Parks)

ammoshere

Hi MSE Family,

New to this whole process, but eager to learn from you and fight these claims properly. Any help is grealty appreciated

2 Claims that are on MCOL (circa £200 and £900 respectively) from euro car parks.  They were acknowledged after 5 days but missed the defense date and both reached default judgement against me...

If anyone is willing to help me in the next steps, I am drafting a statement to set aside? I understand, if I win, the fees for this can be claimed back? 


Here is a draft of it so far

WITNESS STATEMENT

In the County Court
Claim No: [Insert claim number]
Between: [Claimant] – Claimant
and
[Your name] – Defendant

WITNESS STATEMENT OF [Your full name]
I, [Your full name], of [Your address], state as follows:

1. I am the defendant in this matter. This witness statement is in support of my application for the default judgment dated [insert judgment date] to be set aside under CPR 13.3.

2. I did not file a defence in time as I [brief reason – e.g. mislaid the paperwork, misunderstood the deadlines, or was unaware of the proceedings until judgment was received]. Upon learning of the default judgment, I acted promptly to apply to set it aside.

3. I have a reasonable prospect of defending the claim. The claim relates to a Parking Charge Notice (PCN) issued by the claimant for allegedly overstaying a 60-minute limit at an electric vehicle (EV) charging bay. I respectfully submit that the charge is unjust and unenforceable on the following grounds:

   a. Frustration of contract: The vehicle was parked solely for the purpose of charging. The charger malfunctioned and locked the cable into the vehicle, physically preventing its removal. As a result, the vehicle could not be moved until the issue was resolved by the charger operator.

   b. Unavoidable delay: The charger fault was beyond my control. I contacted the charging provider on [insert date(s)] to resolve the issue, which is evidenced by call logs that I can produce to the court.

   c. Signage and terms: The signage in the car park did not adequately account for scenarios where users are delayed by equipment failure, nor did it specify what a driver should do in such cases. As such, any alleged contract is ambiguous and unenforceable in these circumstances.

4. I respectfully request that the court grants permission to set aside the judgment to allow a full defence to be heard on its merits. The failure to file a defence was not intentional, and the judgment was obtained without the full facts of the situation being presented.

5. I attach:

   • A copy of the default judgment (if available),

   • A copy of call logs showing contact with the charger operator on the relevant date(s),

   • Any photographic or other evidence available relating to the charger or signage.

Statement of Truth
I believe the facts stated in this witness statement are true.
Signed: _______________________
Dated: _______________________

ammoshere

This version, is more appropriate as my reason for setting aside is I have a good defense. I did have multiple hospital appointments and ill health during this month which contributed to forgetting too (not normal for me to be ill or have hospital appointments) can this be used?


Anyway, here is the updated 'set aside' statement:

WITNESS STATEMENT

In the County Court
Claim No: [Insert claim number]
Between: [Claimant] – Claimant
and
[Your name] – Defendant

WITNESS STATEMENT OF [Your full name]
I, [Your full name], of [Your address], state as follows:

1. I am the defendant in this matter. This witness statement is in support of my application for the default judgment dated [insert judgment date] to be set aside under CPR 13.3.

2. I did not file a defence in time as I [brief reason – e.g. mislaid the paperwork, misunderstood the deadlines, or was unaware of the proceedings until judgment was received]. Upon learning of the default judgment, I acted promptly to apply to set it aside.

3. I have a reasonable prospect of defending the claim. The claim relates to a Parking Charge Notice (PCN) issued by the claimant for allegedly overstaying a 60-minute limit at an electric vehicle (EV) charging bay. I respectfully submit that the charge is unjust and unenforceable on the following grounds:

   a. Frustration of contract: The vehicle was parked solely for the purpose of charging. The charger malfunctioned and locked the cable into the vehicle, physically preventing its removal. As a result, the vehicle could not be moved until the issue was resolved by the charger operator.

   b. Unavoidable delay: The charger fault was beyond my control. I contacted the charging provider on [insert date(s)] to resolve the issue, which is evidenced by call logs that I can produce to the court.

   c. Signage and terms: The signage in the car park did not adequately account for scenarios where users are delayed by equipment failure, nor did it specify what a driver should do in such cases. As such, any alleged contract is ambiguous and unenforceable in these circumstances.

4. I respectfully request that the court grants permission to set aside the judgment to allow a full defence to be heard on its merits. The failure to file a defence was not intentional, and the judgment was obtained without the full facts of the situation being presented.

5. I attach:

   • A copy of the default judgment (if available),

   • A copy of call logs showing contact with the charger operator on the relevant date(s),

   • Any photographic or other evidence available relating to the charger or signage.

Statement of Truth
I believe the facts stated in this witness statement are true.
Signed: _______________________
Dated: _______________________

Coupon-mad

That statement of truth is old.

How old is the £900 CCJ - exact date of CCJ please, not the claim forms - and was it filed by DCB Legal? I'm concerned that a case over £600 might see them send DCB Group bailiffs round.

Add how old is the smaller CCJ? You may be better advised to pay them if the actual CCJs are less than 30 days ago.

ammoshere

I cant reply?

ammoshere

Coupon-mad said:

That statement of truth is old.

How old is the £900 CCJ - exact date of CCJ please, not the claim forms - and was it filed by DCB Legal? I'm concerned that a case over £600 might see them send DCB Group bailiffs round.

Add how old is the smaller CCJ? You may be better advised to pay them if the actual CCJs are less than 30 days ago.

£900 claim

A claim was issued against you on 27/05/2025

Your acknowledgment of service was submitted on 04/06/2025 at 23:55:18

Your acknowledgment of service was received on 05/06/2025 at 08:06:09

A judgment was issued against you on 03/07/2025 at 19:09:53

ammoshere

The smaller one is the same timeline with just day difference

ammoshere

Yes DCB Legal...

Coupon-mad

You are taking a big risk IMHO, if you try to set the CCJs aside as you will be totally reliant upon a judge using discretion.

You seem to have no grounds to set these judgements aside - the claims were served and acknowledged by you - and you'd have to do two applications at £313 each and you'd have to attend two hearings, all the time suffering from two CCJs which will not be frozen.

Worst case scenario:

If either judge doesn't think you've done enough to convince them (if either judge decides that your defence isn't strong) then you'll be left with CCJ(s) ruining your credit for six years.

I'd consider paying these this month (before day 30) in full, so the CCJs are completely wiped. Sorry to tell you that not defending your claims in June was a massively expensive error.

Le_Kirk

Coupon-mad said:

I'd consider paying these this month (before day 30) in full, so the CCJs are completely wiped. Sorry to tell you that not defending your claims in June was a massively expensive error.

I agree unfortunately it is a problem of your own making, as far as a judge is concerned he/she will see it as ignoring the claim; worse because, as @Coupon-mad writes you did the AoS.