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

Coupon-mad

Yep, remove everything about Chan and Akande as those cases aren't relevant to you.

Boy oh boy, I wish you'd simply emailed PEye your Saudi address many months or years ago! They'd have had to have cancelled it all. Big mistake in not telling them you reside abroad. It kills private PCNs. Remember that!

The rest is good but remove the 3 mentions of 'my second home in the UK'. Don't call it that! Who lives there? If it's family, just say 'a family address where I haven't lived for decades' of if it is tenants, just call it 'a UK address I rent out, have never resided in snd only visit once a year' (or whatever is true).

Also attach proof of how much this will cost you in air fares to fly to/from the UK for the hearing, plus a list of unavailable dates. Think hard. Family birthdays or celebrations? Holidays elsewhere? Work commitments?

If in doubt you aren't available.

Did you email ParkingEye's enforcement team email first, to see if they will save themselves the huge costs exposure (£313 plus your air fares and hotel) and issue a 'consent order' which is cheaper and easier and needs no hearing?

Whiteorchid

Coupon-mad said:

Yep, remove everything about Chan and Akande as those cases aren't relevant to you.

Boy oh boy, I wish you'd simply emailed PEye your Saudi address many months or years ago! They'd have had to have cancelled it all. Big mistake in not telling them you reside abroad. It kills private PCNs. Remember that!

The rest is good but remove the 3 mentions of 'my second home in the UK'. Don't call it that! Who lives there? If it's family, just say 'a family address where I haven't lived for decades' of if it is tenants, just call it 'a UK address I rent out, have never resided in snd only visit once a year' (or whatever is true).

Also attach proof of how much this will cost you in air fares to fly to/from the UK for the hearing, plus a list of unavailable dates. Think hard. Family birthdays or celebrations? Holidays elsewhere? Work commitments?

If in doubt you aren't available.

Did you email ParkingEye's enforcement team email first, to see if they will save themselves the huge costs exposure (£313 plus your air fares and hotel) and issue a 'consent order' which is cheaper and easier and needs no hearing?

     Thank you Coupon Mad, I have noted your points and will make adjustments.

I was unsure of what to call my UK address. So thank you for highlighting this. I will amend it. I wish I had known about the living abroad aspect! I was just so shocked at receiving the Parking Charge for being 4 minutes over, and explaining I was with my elderly mother who was slow on her feet. I simply thought they would throw it out. It’s unbelievable that they can cause all this distress on everyday law abiding citizens…

I did email and post a letter to ParkingEye’s enforcement team on 22nd July to ask for consent (see copy below). I received a standard response by email a week later, highlighting my ‘failure to adhere to parking regulations’ and giving me instructions on how I should pay my debt! No mention whatsoever about consenting!

Where should I enter information about travel costs and available dates? On a separate sheet added to the Appendices?

Huge thanks again…

Copy of text in letter/email sent to ParkingEye...

22 July 2025

To: Parkingeye Ltd

Dear Sirs,

Re: Default Judgment – XXX – Claim No. XXXX

I write regarding the default judgment entered against me in the above matter.

At the time of purported service, I was residing outside the jurisdiction of England and Wales. The address used was not my residence, and I had no knowledge of the proceedings until after the judgment was entered. No valid service occurred, and you failed to obtain permission to serve out of jurisdiction under CPR 6.36 and Practice Direction 6B.

The judgment was therefore wrongly entered under CPR 12.3, and CPR 13.2 applies. The court is required to set it aside. Furthermore, the court lacks jurisdiction to hear the claim against a defendant domiciled abroad, and I have not submitted to the jurisdiction.

To avoid unnecessary costs and court time, I invite you to consent to a set aside. I am not offering to contribute to the application fee — this situation arises entirely from your procedural failure. A consented application would incur a lower fee of £123, which you would be responsible for paying.

Should you refuse or fail to respond within 7 days, I will proceed with a contested N244 application (fee £313) and seek recovery of that cost in full under CPR 27.14(2)(g), along with any other associated costs, citing unreasonable conduct.

If you agree to resolve the matter by consent, I invite you to submit your proposed draft order for my review. Any wording that implies cost liability or submission to jurisdiction will be rejected.

Yours faithfully,

--------------------------

My proposed Draft Order... Is all ok?

CLAIM No: xxx

BETWEEN:
xxx (Claimant)
-- and --
xxx (Defendant)
______________________________________________
DRAFT ORDER
______________________________________________
 

UPON reading the Defendant's application dated xx xxx 2025 and the annexed witness statement;

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 THAT:

1. The default judgment dated 8 April 2025 be set aside pursuant to CPR 13.2 or CPR 13.3

2. That the claim be struck out pursuant to the landmark cases of VCS vs Carr, Civil Enforcement v Chan.

3. That the Defendant's costs be paid by the Claimant on an indemnity basis. This is summarily assessed at £313 plus the costs for attending the hearing, to include travel expenses from their residence overseas. 

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