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.

Coupon-mad

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?

I would actually hold off with the expensive application and try one more time and reply to that email which I assume was from enforcement@parkingeye.co.uk

Thank them for their reply but say you believe they haven't taken account of the costs risk to them, if they contest the application.

Tell them:

Because the claim was never allocated to track, there will be costs in the case that do not require a finding of unreasonable conduct. As you live in XXXXXXX you will have to fly in for any hearing and stay for at least 2 nights. Total travel and accommodation costs will be in the region of £xxx. This is in addition to the £313 fee if the application has to be made. Grand total in costs will be in the region of £xxx.

As such, in order to resolve the matter now at minimal cost, you are prepared to consider making an offer to resolve the matter with a Consent Order instead of a contested application and hearing.

Would they consider settling for the discounted PCN sum and providing a consent order relying on CPR 13.2 and no order as to costs, the Claimant accepting that the Claim Form was never received/served because the Defendant has resided in <COUNTRY> for <XX> years.

Whiteorchid

Coupon-mad said:

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?

I would actually hold off with the expensive application and try one more time and reply to that email which I assume was from enforcement@parkingeye.co.uk

Thank them for their reply but say you believe they haven't taken account of the costs risk to them, if they contest the application.

Tell them:

Because the claim was never allocated to track, there will be costs in the case that do not require a finding of unreasonable conduct. As you live in XXXXXXX you will have to fly in for any hearing and stay for at least 2 nights. Total travel and accommodation costs will be in the region of £xxx. This is in addition to the £313 fee if the application has to be made. Grand total in costs will be in the region of £xxx.

As such, in order to resolve the matter now at minimal cost, you are prepared to consider making an offer to resolve the matter with a Consent Order instead of a contested application and hearing.

Would they consider settling for the discounted PCN sum and providing a consent order relying on CPR 13.2 and no order as to costs, the Claimant accepting that the Claim Form was never received/served because the Defendant has resided in <COUNTRY> for <XX> years.

Thank you for highlighting another solution and the appropriate wording. I'm not sure if I'm missing something, but I would prefer now to submit the N244 as I feel I have a sufficient defence to win the case, without being out of pocket. (Hopefully!) Out of principle I do not want to pay a single penny to ParkingEye. I could of course send a similar letter highlighting the costs risks, but without any offers from my side?

For info: having re read the reply from ParkingEye to my original email asking for consent, here is the paragraph which it is assumed is a refusal to consent. 

..... 'Parkingeye thereafter issued a county court claim on 10/03/2025 to recover the outstanding amount. However, as no defence was filed, nor was full payment received within the applicable time frame, the court granted a default judgment in Parkingeye’s favour. At this late stage, Parkingeye would be unable to accept an appeal and we require payment of the full outstanding amount.' ....

 

Coupon-mad

I think you will be likely to end up out of pocket by hundreds though because I don't think you're certain to get your £313 fee back or your travel costs and your way requires a hearing. REALLY inconvenient!

You will get the CCJ set aside either way because both sides know the claim was not received even though it was served in the UK to a valid address for you.

My suggestion potentially saves you a lot of money. However you could try the same tactic this way (I totally get why you don't want to make an offer):

Out of principle I do not want to pay a single penny to ParkingEye. I could of course send a similar letter highlighting the costs risks, but without any offers from my side?

... and you could also point out to their enforcement team that:

1. you were not 'appealing', and

2. pursuant to the new 2025 landmark (binding) parking CCJ set aside case of Phillip Carr v Vehicle Control Services Ltd [2025] EWCA Civ 713 in the Court of Appeal, the claim has expired unserved due to the 4 month limitation:

https://forums.moneysavingexpert.com/discussion/6612769/carr-v-vcs-transcript

Whiteorchid

Coupon-mad said:

I think you will be likely to end up out of pocket by hundreds though because I don't think you're certain to get your £313 fee back or your travel costs and your way requires a hearing. REALLY inconvenient!

You will get the CCJ set aside either way because both sides know the claim was not received even though it was served in the UK to a valid address for you.

My suggestion potentially saves you a lot of money. However you could try the same tactic this way (I totally get why you don't want to make an offer):

Out of principle I do not want to pay a single penny to ParkingEye. I could of course send a similar letter highlighting the costs risks, but without any offers from my side?

... and you could also point out to their enforcement team that:

1. you were not 'appealing', and

2. pursuant to the new 2025 landmark (binding) parking CCJ set aside case of Phillip Carr v Vehicle Control Services Ltd [2025] EWCA Civ 713 in the Court of Appeal, the claim has expired unserved due to the 4 month limitation:

https://forums.moneysavingexpert.com/discussion/6612769/carr-v-vcs-transcript

Thank you for your support Coupon Mad, I sent a second letter to ParkingEye earlier today re Consent Order, I did utilise most of your wording from your earlier post, but without making any offers. Unfortunately I sent it before your reply so the above case wasn't mentioned. (It's a very interested read and will be useful information, thanks). 

Coupon-mad

It will be front and centre of your application, if you have to make one. It's binding.

But I still think you might struggle to get your costs as PEye did nothing wrong re the address used in your case.

Anyway, a big thankyou VCS for being so damn greedy that you pushed a weak case that far! I'm so happy about VCS v Carr.

JB & SRS (of VCS) must be spitting feathers. The case has cost them a pretty penny and not just in the undisclosed costs!

  

Whiteorchid

Coupon-mad said:

It will be front and centre of your application, if you have to make one. It's binding.

But I still think you might struggle to get your costs as PEye did nothing wrong re the address used in your case.

Anyway, a big thankyou VCS for being so damn greedy that you pushed a weak case that far! I'm so happy about VCS v Carr.

JB & SRS (of VCS) must be spitting feathers. The case has cost them a pretty penny and not just in the undisclosed costs!

  

Thanks again.

Yes that was a great result with this latest case. So good to see all is fair and square.

With regard to PEye getting my address correct (via DVLA), which is a family address, not my usual residence. Is this sufficient? I understood that if it can be shown that this is not my usual residence and I can add to this flight tickets proving I was out of the country when the claim was posted...

They had already been corresponding with me by email regularly. So could have easily made contact when it was discovered that I was not replying to anything sent by post. 

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).

Anyway, I will put my defence together in readiness

Coupon-mad

With regard to PEye getting my address correct (via DVLA), which is a family address, not my usual residence. Is this sufficient?

No... but you kind of ruined that argument by responding by email, which confirmed the letters sent to that address were received. Unlike in VCS v Carr (where he also responded by email but mentioned that he lived elsewhere) there was no 'reason to believe' you had moved.

Also, no UK 'soft address trace' would have found an alternative address for you. They can genuinely say they could not have known. All you needed to do was mention it in an email. I'm so sad you didn't!

The 'reason to believe' is the crux.

I understood that if it can be shown that this is not my usual residence and I can add to this flight tickets proving I was out of the country when the claim was posted...

Yes you can show you didn't RECEIVE the claim which is why I said you'll (probably) get the CCJ set aside whichever route you take. But that doesn't mean the judge will agree it was 'improperly served' because - arguably - they did serve the claim properly.

I think you'll be reliant upon the judge's discretion plus 'acting promptly' and having good prospects of defence (I hope you do because, unlike most CCJ cases here, it may well come down to that, if the judge isn't convinced that the claim expired unserved).

It's an uphill battle and huge inconvenience and costs risk for you. Hence I am strongly suggesting the pragmatic approach.

IANAL though. Just seen shedloads of CCJ cases over the years AND have knowledge of what ParkingEye might do (consent order), AND they are good at hearings. Beware.

Whiteorchid

A little update and additional info that I have since found online about the Woolstaplers carpark in Chichester. My original situation being that I made my payment late, just minutes outside the '10 minute grace period' due to exceptional circumstances.

I have found others online leaving reviews and comments about this carpark. Claiming they too have had PCNs from ParkingEye due to not being able to pay on time or just leaving the premises after trying to pay because there was no phone coverage inside or nearby. Therefore could not use the App to make a payment. Unaware that they are being charged the minute they entered via the ANPR. Something does not seem right here....

https://www.parkme.com/en-gb/lot/137438/woolstaplers-car-park-chichester-uk

https://www.facebook.com/share/p/19ncYejS4Z/