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

Coupon-mad

It never is right. This is what ANPR firms do.

Never use this sort of car park.

Whiteorchid

I just wanted to update you with my case, having had some very helpful advice along the way. I am now waiting for the court hearing which is taking place by live video on Monday 16th. (`Perhaps the request for a video hearing was made by the Claimant!). I am currently at my home overseas, so that is very convenient of course.

In an effort to save court costs I wrote to the Claimant prior to submitting my N244 application in August 2025, asking them to consider providing a consent order relying on CPR 13.2. - the Claimant to accept the Claim Form was never received/served because the Defendant was residing overseas at the time and has resided overseas since 2003. Their only response was to remind me of the court order and money owed! They have recently submitted their opposed Application Response.

I will concentrate on 13.2 Mandatory set-aside at the very least as this can be proven without any doubt.

Will just have to wait and see how things go on Monday 🤞

Thanks for all your comments and advice so far…

Coupon-mad

Don't forget not to call it "my second home in the UK". Just make it clear to the judge that it's a family address where you don't reside.

Show us their WS opposing it.

Have you put in a skeleton argument with the VCS v Carr transcript? I would email a 'skelly' over to the local court now and cc in ParkingEye (if this was an in-house claim?) along with your costs including any time off work and receipt for the £313 fee you paid.

Be aware that you may have to give further good reasons for the CCJ to be set aside (CPR 13.3) if the judge won't be persuaded under CPR 13.2.

It's not a shoo-in. Some judges are grumpy as heck! So be mindful of what the judge says and be prepared to voice your defence reasons too.

Whiteorchid

Thank you for your quick reply. My court hearing is in an hour or so at 3.30pm. I have just been revising all day to put things at the front of my mind!

Yes I have already sent in a good 'skelly' with my original application. Together with the VCS v Carr reference.

1. I am relying on CPR 13.2 showing evidence of my overseas address and evidence that I was not in the UK at the time of service. Evidence of emails previously received from the Claimant which they could have used and chose not to when it suited them.
2. I am then relying on CPR 13.3
3. And CPR 7.5

Costs have also been specified appropriately.

I am thinking that this hearing will mainly be about CPR 13.2

I am not sure what else I can provide to prove I was not in the country to accept service of the Claim and to then respond in a timely manner etc. Hopefully I have provided sufficient evidence!

Thank you I will keep in touch.

 

Whiteorchid

A quick update. I acheived a set aside under CPR 13.3.

In hindsight, I feel I could have stood my ground with the valid reasons and evidence I had for CPR 13.2. But it was all a bit overwhelming and I couldn't think straight!

They didn't really have a strong case against me. They provided no response with regards to checking my address was correct at the time of service, having previously in 2024 communicated by email. They relied on the address from DVLA etc. I feel I could have done better, but it was all a bit overwhelming, when it shouldn't have been. I had really good arguments but had assumed the Judge would have read through my statements. But I think they partly rely on you to embellish the details in person at the hearing. I was a bit too quiet.

Nevertheless, I now have the opportunity to submit another defence within 21 days.

Not sure what steps to take next, but will have a good read on here at past experiences. I believe I will be receiving further correspondence from the court.

Thank you again for your valuable support and help.

Le_Kirk

You should receive the written judgment. Did the judge state "another defence", a "new defence" or an "an amended defence"?

Whiteorchid

I attended my court hearing yesterday via live video. The Claimant was represented by an agent I believe. The judge ordered in my favour to Set Aside under CPR 13.3. At the end of the hearing when asked if we had questions, I could'nt think of anything more to say. (Was all a bit overwhelming! Although in reality it was not a bad experience). The Claimant then went on to ask for their costs of attendance. The judge declined the request saying it was not proportionate and that I had been successful in the case. I didn't think to ask about my costs as it was already clearly written in my N244 form. Therefore nothing was mentioned in regards to this.

My next stage is to submit a defence.

My question is will I be able to claim my costs? When / how do I do this?

For info. Here is a copy of the relevant section on my N244 form.

……………………..

1. CPR 13.2 – Mandatory set-aside

• At the time of purported service (10 March 2025) I was resident overseas and had been continuously outside England & Wales from 13 October 2024 until 18 June 2025.

• The claim was not served at my usual or last known residence within the meaning of CPR 6.9.

* I reside in (Country) and have lived there since 2003. The Claimant had my current email address which they utilised regularly prior to serving the claim form. Persuant to CPR 6.9(4), this email address could have been used as an alternative method by which service of the claim form could have been effected.

• No permission was sought to serve out of the jurisdiction under CPR 6.36 and PD 6B.

• Default judgment was therefore wrongly entered contrary to CPR 12.3, triggering the mandatory set-aside requirement of CPR 13.2.

2. CPR 13.3 – Fallback discretionary set-aside

• In the alternative, if the court finds service was valid, the judgment should be set aside under CPR 13.3 because I have a real prospect of successfully defending the claim.

• The Particulars of Claim assert “parking without paying to park”, which is factually untrue. Documentary evidence proves that I paid the correct tariff and vacated the site before the paid-for time expired.

• The Claimant’s pleadings are defective and fail to adequately comply with CPR 16.4(1)(a) by not setting out a concise statement of facts capable of disclosing a cause of action.

3. CPR 7.5 – Strike-out once judgment is set aside

• If the judgment is set aside, the claim should then be struck out because the claim form has expired under CPR 7.5, having not been validly served within four months of issue.

4. Costs

• The Claimant ignored reasonable requests to resolve this matter by consent, thereby increasing costs unnecessarily. 

• I will seek recovery of the £313 application fee and my reasonable attendance costs under CPR 27.14(2)(g).

Whiteorchid

Thank you for your reply. The judge in her words, stated the need to send in a "proper defence" and that I would then be asked to complete a Directions Questionnaire etc.

I have just started a new post, before I saw your reply. I thought it would be useful for others if at the same stage as me after a set aside has been granted.

https://forums.moneysavingexpert.com/discussion/6660071/defence-after-ccj-claiming-costs#latest

Coupon-mad

"I didn't think to ask about my costs as it was already clearly written in my N244 form. Therefore nothing was mentioned in regards to this."

Then I'm afraid you threw away your £313. You can't claim it now.

Expensive lesson because your next judge cannot award these costs if this first judge completes her written Order with 'no order as to costs'. Which she will.

Whiteorchid

https://forums.moneysavingexpert.com/discussion/comment/81926528#Comment_81926528

Can't believe I did that! I honestly did'nt know I had to mention it verbally at the hearing, as it was already requested in writing on the N244! I have two emails sent to PE asking to resolve by consent which they declined. (included with my exhibits). I took it for granted that the judge would have read through my application. Do you think I had a good chance of claiming if I had mentioned it? Bearing in mind the judge agreed with the claimant that the default judgement had been correctly serviced at the correct address for service. (Again, I should have argued that!) Hindsight huh!