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

Le_Kirk

I think you should have continued on your existing thread because now regulars have to go between two different threads to find the back story

Existing thread: -

https://forums.moneysavingexpert.com/discussion/6621952/ccj-from-parkingeye-claim-form-not-received-as-driver-resides-abroad-can-i-set-aside

Your defence should now answer the POC on your original claim form.

Le_Kirk

I think you should have stayed on this thread. Your defence should now answer the POC on your original claim form.

Whiteorchid

https://forums.moneysavingexpert.com/discussion/comment/81926711#Comment_81926711

Oh, I think you are right, I just thought the topic had moved to another chapter which could be helpful to others. Perhaps if I change the heading? I'm happy to fix it and could delete the other post or just leave it alone now, and continue here.

Umkomaas

https://forums.moneysavingexpert.com/discussion/comment/81926781#Comment_81926781

Just ‘report’ it (red Report button at the bottom of each post) and ask Admin to merge the two threads. Tidiest way.

MSE_ForumTeam5

We've merged the threads as suggested

Coupon-mad

OK!

Show us your para 3 using the Template Defence.

Whiteorchid

https://forums.moneysavingexpert.com/discussion/comment/81927643#Comment_81927643

I have spent hours reading all the various posts similar to mine while searching everywhere for a defence template. Is there a specific place on the site for Template's, as I cant seem to find it.

I am yet to hear back from the court.

I assume with this now having been Set Aside, it means I have the opportunity to respond to the Claim Form that was originally served? Here below is an initial draft of my defence for para 3. Much of it taken from my Witness Statement within the N244. Thank you so much for this.

…………………………………………….

Background and Service Defect

1. The Claimant obtained default judgment on 8 April 2025 for an alleged parking charge from 5 April 2024.

2. I have lived overseas with my husband since 2003. At the time of purported service (10 March 2025) I was resident abroad, having travelled from the UK on 13 October 2024 and returned on 18 June 2025 when I discovered the claim form had been sent.

3. The claim form was served in March 2025 at a UK address I no longer live at having moved abroad in 2003. (It is occasionally rented out, and my car is still registered there at DVLA). This address is not my “usual or last known residence” under CPR 6.9. The Claimant had my active email used for earlier PCN correspondence, the last correspondence by email being in August 2024. There was no attempt to verify my current address or use alternative service under CPR 6.9(4).

4. No application was made to serve out of the jurisdiction under CPR 6.36 and PD 6B. The claim form has therefore never been validly served.

5. These facts mirror VCS Ltd v Carr (CA-2024-001179, Court of Appeal, 4

March 2025), where failure to take reasonable steps to ensure effective service rendered the judgment void. Binding Court of Appeal authority.

6. On 5 April 2024 I parked in the Woolstaplers, Chichester underground car park managed by the Claimant, while assisting my 86-year-old mother, who has dementia and mobility issues, to attend the library. (She has no blue badge).

7. The location has no mobile reception underground or nearby, so payment via the parking app was impossible on site. The only pedestrian exit is a steep stairway; assisting my mother to climb it took significant time. Once outside, and could find mobile reception at a cafe with wifi, I immediately paid for two hours’ parking. We left the carpark before the paid-for time expired shown on the app.

8. The PCN was issued despite full payment being made. The alleged 4 minute “overstay” arises solely because there is insufficient “grace period” allowed to make the payment due to the APP only payment system with no network coverage in place, and the Claimant’s ANPR system starting the time from vehicle entry, not from parking or making the payment. This was not clearly stated on any signage.

9. The Equality Act 2010 recognises dementia as a disability and requires reasonable adjustments, such as allowing additional time for disabled persons or carers to reach payment facilities. The Private Parking Sector Single Code of

Practice (PPSCoP) also requires such consideration. 

10. The PPSCoP was amended on 17 February 2025 to prohibit PCNs where the correct tariff has been paid before leaving, regardless of when payment was made. Although post-dating my case, this change evidences the industry’s own recognition that such charges are unfair, supporting my arguments under the Consumer Rights Act 2015 that the timing term was neither transparent nor fair.

Defects in the Particulars of Claim

11. The Particulars allege “parking without paying to park” — a statement that is factually untrue. They also fail to comply with CPR 16.4(1)(a) and PD 16 para 7.5 by not identifying the specific conduct alleged to constitute the breach.

12. In CEL v Chan (Luton CC, 2023) and CPMS v Akande, parking claims were struck out for similar failures. Which are persuasive County Court authorities.

…………………………………….

Obviously I have various exhibits to provide for evidence where needed. Thank you

Le_Kirk

Your defence should now be against the original POC and not a rerun of your application to set aside. Use the template defence and, in your paragraph #3 state that:-

You did pay or you didn't pay because or some other reason.

Defences are written in the third person.

Car1980

Re. costs you will have to rely on your costs assessment at witness statement stage. £24 per hour, 45p a mile travelling to the site to the site to obtain photos etc.

£313 is a stretch but you might be able to reach £150 or so.

Coupon-mad

But there was no need to search!

My signature (under every post I make) tells you where to click to see the NEWBIES thread. The Template Defence is also a pinned announcement thread on page one.