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

Whiteorchid

https://forums.moneysavingexpert.com/discussion/comment/81932177#Comment_81932177

Yes its correct now 08/04/2024 in both of the sentences as per the Claim Form PoC. I just spotted my typo and have edited the post. Thank you

Coupon-mad

But you said:

" entering and leaving the site on 05/04/2024, and parking without paying to park. The Defendant appealed to POPLA, the Independent appeals service for parking on private land, and this was rejected".

My wording for para 3 - defence

Para 3. The alleged breach was 08/04/2024"

Can't be both 5th and 8th.

And your para 3 needs to use the word 'deny' because it is an absolute defence to deny parking without paying to park.

Their problem. They pleaded the wrong allegation and can't win. Seize on that!

You could also attach a costs assessment setting out the cost of time taken off work (several days) and a return plane ticket & taxi travel if you are required to attend court in person. And because the claim is hopelessly pleaded, ParkingEye cannot win so (in the covering email) finish by urging them to discontinue because you'll claim full costs on the indemnity basis.

Lay that on thick in both the costs assessment and in your covering email and tell the court NOT to send orders to the UK address and that you can either be served with directions by email, or at your residential address in COUNTRY but allowing not less than 28 days for any response.

Whiteorchid

https://forums.moneysavingexpert.com/discussion/comment/81932333#Comment_81932333

Thank you, I have corrected my typo with the date. I will work a bit more on my defence with your added suggestions and let you see it before sending.

1505grandad

Sorry but the date of the breach - as stated in the claim form shown on page 2 - says the BREACH was 5th April and the PARKING CHARGE was ISSUED 8th April - but you have incorrectly amended the PoC to state everything was the 8th April.

Whiteorchid

https://forums.moneysavingexpert.com/discussion/comment/81932629#Comment_81932629

Oh yes, I see what you mean, thank you for pointing that out. I will make sure I get that corrected. 5th April breach, 8th April PC issued. Thanks again

Whiteorchid

Just thought I would mention that since the court hearing on 16th March 2026, and achieving the set aside to allow me to submit a defence, I have still not heard anything from anyone! I had someone check my post at the UK address, and nothing has been received at my overseas address! I think I should call the Court?

Thank you for your feedback so far…

Le_Kirk

In an earlier post you wrote: -

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

I asked if you had received the written judgment and if the judge had stipulated "another defence", a "new defence" or an "an amended defence"? Without instructions to the contrary, I would be tempted to send an amended defence (using the original as a template and striking out anything you didn't want to be in there and adding new defence points in red), sending it to your local court along with the words of the judge who set aside your judgment - and obviously all reference and claim numbers within the 21 day timescale.

Coupon-mad

Did you already put a defence in? Probably not, in a set aside case.

Whiteorchid

https://forums.moneysavingexpert.com/discussion/comment/81947135#Comment_81947135

Thank you Le_Kirk and Coupon_mad,

Yes I have actually been waiting to receive the written judgement, so that I had something in writing, but nothing has been sent.

So I will have to assume the timeframe started from the day of the hearing. Which is a bit of a shock!

I have checked my notes from the hearing, and it is now my understanding that I was verbally given 21 days to email a proper defence to the Court and the Claimant. I was then told if I file a defence, then both parties would be asked to send in a Directions Questionaire so that the Court can manage the case going forward to a proper trial. This now means my 21 days deadline is this Monday 6th April, a bank holiday! 😫😫. I need to act super fast and get this in over the weekend! (I believe with a bank holiday deadline, it rolls over to the next working day.) I will work on this defence all day today… and let you see it before sending. Thank you so much for this help 😍

Whiteorchid

https://forums.moneysavingexpert.com/discussion/comment/81947391#Comment_81947391

No I didn't. With the N244, I sent in a witness statement and several exhibits. With nothing received from the Court since the hearing, I have to assume my 21 days to submit a proper defence started from the hearing date of 16th March. It was'nt well explained at the time! Thank you, working on my defence right now!