CCJ from Parkingeye. Claim form not received as driver resides abroad. Can I set aside?

Whiteorchid

Coupon-mad said:

Show us that. Redact 4 things: your VRM, password, your data and the Claim number.

Please see the attached image. Thank you

Coupon-mad

Redacted the PCN ref too.

OK there are 2 added points (in addition to what I already said) to support a killer defence:

1. no PCN can be £125 ParkingEye signs never specify any added fees on their signage;

2. the case is incorrectly pleaded as 'parking without paying' which they know from the POPLA appeal is plainly untrue.

The claim has expired unserved but even if the court disagrees with that, it should be struck out because a pleading that the car was 'parked without paying' cannot win.

Castle

There's a Parking Charge reference still showing.

Whiteorchid

Coupon-mad said:

Redacted the PCN ref too.

OK there are 2 added points (in addition to what I already said) to support a killer defence:

1. no PCN can be £125 ParkingEye signs never specify any added fees on their signage;

2. the case is incorrectly pleaded as 'parking without paying' which they know from the POPLA appeal is plainly untrue.

The claim has expired unserved but even if the court disagrees with that, it should be struck out because a pleading that the car was 'parked without paying' cannot win.

Thank you for pointing this out and for giving me some hope with this. The original PCN was for £100, not sure how the figure became £125!

I'm wondering now which is my best option with best chance of success. It seems I have sufficient defence to be successful by applying for the CCJ to be set aside or possibly struck out under CPR 13.3. Mother with Dementia and mobility issues (Equality Act 2010), case incorrectly pleaded, signage etc.

If I was to win on this basis, could PE make another application to the courts?  

Or under CPR 13.2 - My main residential address is overseas (has been for over 20 years) and I was not physically in the country for service, which can be proven.

Gr1pr

They added a collection/ chasing fee of £25 !  Others tend to add £70, so the correct figure should have been £185

Coupon-mad

Coupon-mad said:

Your mum sounds like she meets the definition of disability, so she (and you as her carer that day) was/were legally entitled to more time. And they KNOW these facts from your appeal, I guess?

The CCJ can be set aside either under CPR 13.2 (not served, citing VCS v Carr and the Overriding Objective) or CPR 13.3 (other good reasons, including the fact you have a strong defence re unfair terms, unclear signage and the Equality Act 2010 reason that I just stated.

As I said above, you include both alternatives in your application (that's why I put the word 'or') and you will find threads to copy from when you search for:

Witness statement VCS Carr CCJ expired

Always change results to show NEWEST.

Whiteorchid

Coupon-mad said:

Coupon-mad said:

Your mum sounds like she meets the definition of disability, so she (and you as her carer that day) was/were legally entitled to more time. And they KNOW these facts from your appeal, I guess?

The CCJ can be set aside either under CPR 13.2 (not served, citing VCS v Carr and the Overriding Objective) or CPR 13.3 (other good reasons, including the fact you have a strong defence re unfair terms, unclear signage and the Equality Act 2010 reason that I just stated.

As I said above, you include both alternatives in your application (that's why I put the word 'or') and you will find threads to copy from when you search for:

Witness statement VCS Carr CCJ expired

Always change results to show NEWEST.

Thank you, this is so helpful. I am trying my best to complete the N244 form using some details from other threads as advised. I just need to understand where I am with the claim form having expired. Does it need to be over 4 months since the claim form was issued? If so I am just a few days within that right now! (Issued on 10th March 2025 

Also, I contacted the Civil National Business Centre on 30th June 2025 when I discovered the claim form paperwork at my UK address, and they emailed me the N244 form to complete. I'm concerned this will work against me for not being prompt in getting this form to them. I have my reasons for this, due to my mother's declining health and having to take care of her. 

Thank you for any further points in the right direction...

Coupon-mad

A March claim form sent to an old address (therefore 'unserved') expired in July. You are past the 4 months.

Show us your planned WS and Draft Order.

Whiteorchid

Coupon-mad said:

A March claim form sent to an old address (therefore 'unserved') expired in July. You are past the 4 months.

Show us your planned WS and Draft Order.

   Thank you, here is my Witness Statement so far....Hopefully I am getting it right. I am not sure of my paragraphs 4.2.1 and 4.2.2, can they be better worded? I will need to find a template somewhere for the Draft Order, and will then show it in due course.... Can't thank you enough.

1 WITNESS STATEMENT OF DEFENDANT

1.1        I am XXX, and I am the Defendant in this matter. 

1.2        This is my supporting statement to my application dated 6 August requesting to:

(a)         Set aside the default judgment dated 8 April 2025 (Claim No. xxxxx) as it was not properly served at my current address.

(b)         Order for the original claim to be dismissed.

(c)         Order for the Claimant to pay the Defendant £313 as reimbursement for the set aside fee, plus the costs for attending the hearing.

2 INTRODUCTION

2.1        I was the registered keeper of the vehicle at the time of the alleged event.

2.2        I understand that the Claimant obtained a Default Judgment against me as the Defendant on 8 April 2025. I am aware that the Claimant is Parkingeye Limited and that the assumed claim is in respect of an unpaid Parking Charge Notice from 8 April 2024.

2.3         The claim form was served at my second home UK address, and not at my main residential address overseas. I was therefore unaware of the Default County Court Judgment against me until I returned to my UK address in June 2025.

2.4        The address on the claim is xxx. I reside in Saudi Arabia where I have lived since 2004. At address xxxx. In support of this, I attach a copy of my Saudi Iquama (Resident ID) and a letter from my husband’s company. I attach copies of this.

2.5.       The Claimant served the claim at my second home UK address despite already corresponding with me by email. It would have been obvious from my lack of response to the Claim Form that it may not have been correctly served.

2.6       I believe the Claimant has not adhered to CPR 6.9 (3) where they had failed to show due diligence in using an address at which I did not reside. This has led to the claim being incorrectly served and an irregular judgment. 

2.7       The Claimant also held my email address (xxx) as they used it on several occasions to attach letters relating to the PCN. This email address could have been used as an alternative method by which service could have been notified or effected, per CPR 6.9(4).

2.8       Under CPR 13.2 The court must set aside a judgment entered under part 12 if judgment was wrongly entered. Given that CPR 6.9 (3) was not met, CPR 13.2 applies and the CCJ must be set aside.

 

3 SEQUENCE OF RECENT EVENTS

3.1        I have responded to this matter as promptly as possible. I was not aware of the claim made against me until I visited my second home in the UK on 30 June 2025. I have utilised these past weeks seeking guidance, learning and understanding how best to present my defence.

3.2        On 30 June 2025, I contacted the Civil National Business Centre and was informed that I could apply to have this default CCJ set aside. They emailed the N244 form with instructions. I attach a copy of this.

3.3        On 22nd July 2025 I emailed and posted a letter by recorded delivery to Parkingeye inviting them to consent to set aside the CCJ, giving 7 days to reply. There was no reply. I attach a copy of this.

3.4       I today on x August 2025 have submitted my case to set-aside this judgment and fairly present my case.  

3.5        I believe the Claimant has behaved unreasonably in pursuing a claim against me at an address where I do not reside permanently, despite holding my email address at the time of the claim. I was therefore denied the opportunity to defend the claim. 

 

4 LEGAL BASIS FOR THE APPLICATION

4.1        Improper Service (CPR 13.2)

4.1.1    The court must set aside the judgment if it was not properly served in accordance with CPR 6.9, which requires that an individual be served at their “usual or last known residence.”

4.1.2    The claim was sent to xxx, an address where the Defendant does not reside. The Defendant has lived in Saudi Arabia since 2004, as evidenced by…..

4.1.3    The Claimant failed to take reasonable steps to ensure the claim was served at the Defendant’s current residential address, as required by CPR 6.9(3) The Claimant held my current email address but ignored it.

4.1.4    This failure mirrors the principles established in VCS Ltd v Carr (CA-2024-001179, Court of Appeal, 4 March 2025), where the court held that claimants must take reasonable steps to ensure service is effective. The court emphasised that serving a claim at an outdated address, without reasonable diligence, renders the judgment void. Initial findings from the Court of Appeal hearing are provided separately for the court’s reference.

4.2        Discretionary Set Aside (CPR 13.3)

4.2.1     There are very good reasons to set aside this claim. The Defendant has good prospects of defending the claim, if served with one correctly. Payment for parking cannot be made onsite, due to being underground and without phone coverage. Extra time is required to do this. The signage does not inform you that the parking time-frame starts and finishes on entry and exit. There are no facilities to exit if disabled, therefore extra time is again needed. The Defendant was assisting their elderly mother with Dementia and mobility issues. The Equality Act 2010 recognises Dementia as a disability and protects individuals from discrimination, including in parking situations. I attach copy of Doctors report.

4.2.2  The Particulars of Claim cannot be understood, stating that there was parking without payment. The Defendant made the payment and the receipt can be shown. I attach a copy of this. 

4.2.3    On the basis 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.

4.2.4     Given that more than 4 months has passed from issue of proceedings and service of the claim was defective (i.e. it was never served) the Defendant submits that this particular claim is dead and the period for service cannot be extended by this application process.

5 JUDICIAL PRECEDENT        

5.1        VCS v Carr (CA-2024-001179, Court of Appeal, 04 March 2025)

5.1.1    The Court of Appeal in VCS Ltd v Carr held that claimants must take reasonable steps to ensure service is effective. The court

emphasised that serving a claim at an outdated address, without reasonable diligence, renders the judgment void.

5.1.2    The court also highlighted the importance of the overriding objective, which requires the court to consider the justice of the case. The Defendant in this case was unable to defend the claim due to improper service, and the judgment should be set aside to avoid injustice.

5.1.3    A transcript of this case has been included in Appendix D and the video link to the court hearing is below 

https://www.youtube.com/watch?v=FvK6XwAGHcs&ab_channel=RoyalCourtsofJusticeCourt69

 5.2        Civil Enforcement Ltd v Chan (Luton County Court, August 2023)

5.2.1    In CEL v Chan, the court struck out a claim due to the Claimant’s failure to comply with CPR 16.4 and Practice Direction 16.7.5. The court held that the particulars of claim must specify the conduct constituting the breach, which was not done in that case.

5.2.2    Similarly, in this case, the Claimant has failed to provide sufficient details of the alleged breach, rendering the claim defective and liable to be struck out.

5.3        CPMS Ltd v Akande (Manchester County Court, May 2024)

5.3.1    In CPMS v Akande, the court dismissed a parking claim due to the Claimant’s failure to specify the nature of the breach in the particulars of claim. The court held that the Defendant must be able to understand the case against them, which was not possible in that case.

5.3.2    The same applies here. The Claimant has failed to specify the nature of the alleged breach, and the claim should be struck out.

 

6 CONCLUSION

6.1        I was unable to defend this claim. I believe that the Default Judgment against me should be set aside due to improper service, and the claim should be struck out as it is without merit, and fails to comply with the CPR. 

6.2        In VCS v Carr - which is binding 2025 case law from the Court of Appeal - service was held to be invalid and the claim form had expired. Default judgment was rightly set aside and the claim was struck out as expired. (the 4 months service deadline had passed and the courts have no discretion to extend the life of an expired claim).

6.3        In CEL v Chan, the court struck out a claim due to the Claimant’s failure to comply with CPR 16.4 and Practice Direction 16.7.5. The court held that the particulars of claim must specify the conduct constituting the breach, which was not done in that case. Similarly, in CPMS v Akande, the court dismissed a parking claim due to the Claimant’s failure to specify the nature of the breach in the particulars of claim. The court held that the Defendant must be able to understand the case against them, which was not possible in that case.

6.4        The above cases form strong precedent upon which the court can rely to strike out the original claim.

6.5        I believe that I have a strong defence to the claim, and should it not be dismissed at the set aside hearing, I should (at the very least) have the opportunity to defend it properly. My application relies upon the 'mandatory set aside' rule in CPR 13.2 (in the alternative, 13.3) in light of the above facts.

6.6        I also ask the Court to order the reimbursement of the set-aside fee of £313 as well as all the Defendant's Court attendance and other costs from the Claimant on an indemnity basis. The claim was not allocated to track, so costs are not dependant upon 'unreasonable conduct' and thus there must be costs in the case for the winning party, as also was the case in VCS v Carr.

 

APPENDICES

1. Overseas Resident ID
2. Overseas Company Letter
3. Payment Receipt for parking in carpark.
4. CNBC email
5. Letter to Claimant
6. Medical report

(These will be in one PDF file)

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 anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. 

 

Signed ________________

 

Date __________________

   

1505grandad

An observation:-

"4.2.2  The Particulars of Claim cannot be understood, stating that there was parking without payment. The Defendant made the payment and the receipt can be shown. I attach a copy of this. "

If the PoC state a breach of T & C then I don't think the Chan and Akande cases are relevant?