PCN resulting in CCJ against my name – advice needed

Coupon-mad

No, the version that applied at the time of the pre-litigation stage in late 2024 /early 2025 was the Joint Code.

Summerstorm25

Thanks.

I've referred to Sector Single Code of Practice v1.1 (17 February 2025) and will include the 3 points below:

• The Code explicitly defines a “current address” as the location at which documents could properly be served under the Civil Procedure Rules, or the registered keeper’s address.

• Clause 10.1 requires operators or their agents, prior to commencing enforcement or litigation, to undertake reasonable endeavours (including use of credit reference agencies and a “soft trace”) to ensure that correspondence is sent to the correct and current address of the motorist.

• Clause 10.2 provides that if a new address is identified, and it is clear the motorist was unaware of the charge, the operator should allow the motorist to appeal or settle the charge at the original rate rather than proceeding directly to enforcement.

How long should I give Gladstones to reply? Should I file N244 before that anyway?

Coupon-mad

Give them 14 or 21 days. Seems reasonable.

No don't file the N244 first.

Summerstorm25

I still haven't heard back from Gladstones regarding the joint application to set aside. The deadline I gave them will be in 3 days. Should I send them a reminder email? How likely are they going to reply? Should I start thinking about filing N244 as soon as the deadline hits?

Coupon-mad

Wait one week then apply anyway w/c 20th.

Johnersh

The point is that

(A) The PPC considered the o/p might have moved and thus searched for a new address

(B) The evidence obtained was sufficiently good that a LoC was sent to the new address

(C) For reasons known only to them, the claimant then served at an old address, despite it no longer being a last known address (having obtained evidence of a new address)

(D) If really uncertain, the PPC could simply have issued two claim forms and sent them to both addresses - the convenience of mcol is not a basis not to comply with basic procedural rules

Summerstorm25

Gladstones have responded to my email 1 day late to the original deadline I gave them. In the email, they are asking me to confirm my new address so they can “update their system” and share it with their client if needed.

What game are they playing here? Should I respond carefully or just ignore it since they ignored the whole point of the email of a joint application to set aside?

Coupon-mad

Send them it and tell them that they now have 7 days to consent to the set aside, admit they used an old address and agree to pay the court fee, or you will apply for a set aside of the CCJ without consent and will seek all costs and dismissal of the claim, per the binding Court of Appeal authority of VCS v Carr.

Summerstorm25

Thank you, Coupon-mad. I sent them an email last Friday as you suggested. I am not hopeful that they will respond in time. I am looking at filing N244 at the start of next week. Is this the right thing to do? Should I wait for another week?

Re WS - I've been reading Zbubuman's post and noticed there's a 85 points WS. Does it have to be that long? I learned that I will need to prepare for the worst case, that is, a judge who has never dealt with these cases before.

Summerstorm25

I’ve now drafted my Witness Statement for my N244 set-aside application. Would anyone be kind enough to have a quick read and let me know if it looks okay or if there’s anything I should improve or add? I’d really appreciate any feedback before I finalise it.

IN THE COUNTY COURT AT [Court Name]

Claim No: [claim number]
Between:
[Claimant’s Name] (Claimant)
and
[Your Full Name] (Defendant)

WITNESS STATEMENT OF [YOUR FULL NAME]

I, [Full Name], of [Current address], am the Defendant in this matter. I make this statement in support of my application dated [N244 date] to set aside the default judgment entered against me on [CCJ date].

Unless otherwise stated, the facts set out in this statement are within my own knowledge and are true to the best of my belief.

1. Background

1.1 I am the registered keeper of vehicle [registration number]. This claim arises from a Parking Charge Notice (PCN) issued by the Claimant on [PCN date].

1.2 This application concerns the procedural failure of service, specifically, that the claim form was sent to my previous address, despite the Claimant’s solicitors having traced and confirmed my current address months earlier.

2. Change of Address and Non-Service of the Claim

2.1 I moved from [old address] to [new address] in June 2024. A copy of my utility bill and council tax bill is attached as Exhibit A.

2.2 I updated my V5C registration document with the DVLA in September 2024, and a copy is attached as Exhibit B.

2.3 I did not receive any Claim Form, Particulars of Claim, or any other court papers from the Claimant or their solicitors. I only became aware of this judgment when I checked my credit file in September 2025. I immediately contacted the County National Business Centre (CNBC) to obtain details of the claim.

3. The Claimant’s Knowledge of My Correct Address

3.1 The Claimant’s solicitor, Gladstones Solicitors, had in fact traced my new address prior to issuing proceedings. I attach a copy of their Letter Before Claim dated [LBC date, 2024] as Exhibit C, which was correctly sent to my new address.

3.2 Despite having reason to believe that my old address was no longer being a last known address and having obtained evidence of a new address, the Claimant nevertheless issued the Claim Form to my former address.

3.3 If the Claimant or its solicitors were genuinely uncertain about my correct address, they could have simply issued two claim forms and sent them to both addresses. The convenience of using the Money Claim Online system is not a valid excuse for failing to comply with basic procedural service requirements under the Civil Procedure Rules.

3.4 This conduct falls directly within the principle confirmed by the Court of Appeal in Vehicle Control Services Ltd v Percy Carr [2023] EWCA Civ 1417, where it was held that a claimant must take reasonable steps to verify and use the correct address if there is reason to believe the defendant has moved.

3.5 Consequently, the claim was not properly served, and the judgment entered on [CCJ date] is irregular.

4. Grounds for Setting Aside the Judgment

4.1 Under CPR 13.2, the court must set aside a judgment entered in default where the claim form was not properly served.

4.2 The Claimant was aware, or should have been aware, of my current address prior to service. Therefore, the default judgment was wrongly entered.

4.3 Further, the Claimant’s Particulars of Claim are inadequately pleaded and fail to disclose a valid cause of action. The Particulars of Claim regarding this matter is attached as Exhibit D.

4.4 The Court of Appeal decisions in Civil Enforcement Ltd v Chan and Civil Enforcement Ltd v Akande confirm that such defective pleadings are an abuse of process and were struck out pursuant to CPR 3.4(2)(a).

4.5 Accordingly, I respectfully request that the court set aside the default judgment, strike out the claim, and order reimbursement of my £313 application fee.

5. Communication with the Claimant’s Solicitors

5.1 On 1st October 2025, immediately after discovering the judgment, I sent an email to Gladstones Solicitors, who act for the Claimant. A copy of this correspondence is attached as Exhibit E.

5.2 In that email, I explained that I had only just become aware of the County Court Judgment dated 17 September 2025, that I had never received a Claim Form or Particulars of Claim, and that the claim had been sent to my old address despite Gladstones having traced my current one.

5.3 I also drew their attention to the Private Parking Sector Single Code of Practice v1.1 (17 February 2025), specifically clauses 10.1 and 10.2, which require operators and their agents to ensure correspondence is sent to the correct and current address of the motorist and to allow engagement before litigation where a new address has been identified.

5.4 In good faith, I invited the Claimant to join me in a consent application to set aside the judgment and dismiss the claim at the Claimant’s expense, thereby saving court time and costs. I gave them 14 days to respond (until 15 October 2025 at 6pm) before making a unilateral application.

5.5 As of today’s date, I have received no response from Gladstones Solicitors. Their silence reinforces that I have acted reasonably and promptly, while the Claimant has failed to engage or remedy their procedural error.

6. Prompt Action

6.1 Upon discovering the CCJ, I acted promptly by contacting Gladstones Solicitors to request that they agree to a consent set-aside. This application is now made promptly following their failure to respond.

6.2 I have acted diligently and without delay in bringing this application before the court.

7. Costs

7.1 I respectfully ask the court to order the Claimant to reimburse my £313 N244 application fee, pursuant to the reasoning in VCS v Carr, where costs were awarded against a claimant who failed to serve proceedings properly.

7.2 I further request that the Court considers awarding my reasonable costs of attending the hearing, including:

·        Loss of earnings for attending the hearing;

·        Travel expenses to and from the Court (mileage or public transport at standard rates);

·        Parking costs at or near the court (if applicable);

·        Printing, copying, and postage costs related to preparing this application and evidence bundle.

7.3 I submit that these costs are justified because I have acted promptly, responsibly, and in good faith throughout, while the Claimant’s procedural errors and failure to engage after my reasonable offer on 1 October 2025 (Exhibit E) have unnecessarily caused me significant stress, inconvenience, and expense.

7.4 Should the Court find that the Claimant’s conduct amounts to an abuse of process or improper service of claim, I respectfully invite the Court to consider awarding full indemnity costs pursuant to CPR 44.3(2)(a) and the overriding objective.

8. Conclusion

For the reasons set out above, I request that the court:

• Sets aside the default judgment dated [CCJ date],
• Strikes out the claim for being improperly served and inadequately pleaded, and
• Orders the Claimant to reimburse my £313 application fee and my reasonable costs of attending the hearing.

Statement of Truth

I believe that the facts stated in this witness statement are true.

Signed: _________________________
Name: [Full Name]
Date: [XXX]