Free Traffic Legal Advice

Thank you for your speedy reply. I am currently doing as advised. The case was transferred on 24th September to another local County Court to deal with the application. It is this court I assume has sent the Court Order. I am sending the email to them and copying the others as advised. The email I received today was due to being a CC recipient on Parkingeye's email response to the local court with the copy document attached. I have now just spoken on the phone at CNBC and was told that the letter sent to the Claimant was only for their response, and nothing was sent to me, and no response from me is required currently. A note of my call was made on my file. I have also sent the emails, with slight amendments. Strange that it is being referred to as a Court Order, when perhaps it is simply a letter/email sent!

Just another big thank you 'b789' for your input and explanations regarding my CCJ case. And others on this thread who made helpful comments. I couldn't have done it without you. I submitted my N244 application yesterday and will update you again when I have more news.

I think I am ready now to summit my N244 and would very much appreciate it if you could please check that all is ok. 

I will upload my paperwork without personal details
* Draft Order
* N244 main sections - should I put my overseas address in the last section? - 'Address for documents to be sent' I will obviously be adding my email address.
* Witness Statement

Thank you

What exceptional circumstances? The lack of phone signal and mobility issues? Not really mitigating circumstances, the signage clearly says you can pay up to midnight on the day of parking so there was no time pressure to pay, there was plenty of opportunity to pay after leaving at your leisure when you had a phone signal. If it had been a pay on exit car park then there may have been a valid defence using the disability act to show the car park setup disadvantaged people with reduced  mobility.

Thank you for pointing that out Ixxy. That's an interesting point about the paying until midnight. I have uploaded the wrong photo!

That photo was taken a month ago, but on checking my details from the time I was sent the PCN the signs were different, so have been renewed. Which could indicate they have been made aware that payment cannot be made from inside the carpark due to phone signal issues! See correct photo which doesn't mention anything about paying until midnight.

Here is my Draft Order.... I have used a few other examples on here that appear similar to my situation...

-----------------
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 the Defendant's usual residential address;

AND UPON more than 4 months having passed (CPR 7.5 refers) since the issue of proceedings on 10 March 2025;

AND UPON the court finding that the Particulars of Claim fail to comply with CPR 16.4(1)a by lacking a concise statement of facts and therefore do not constitute a valid cause of action;

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.   The claim be struck out as more than 4 months has passed since the issue of proceedings on 10 March 2025 without proper service on the Defendant.

3.    That claim is further struck out pursuant to the landmark cases of VCS vs Carr, Civil Enforcement v Chan.

4.   The claim is further struck out on the grounds that the Particulars of Claim fail to comply with CPR 16.4(1)(a) and do not provide a concise statement of facts necessary to establish a cause of action.

5.    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.   

6.   That all enforcement be put on hold pending the outcome of the application.

I"m wondering how you got on with this parking charge! I am discovering there are many others like yourself who are being sent Parking Charges from ParkingEye when parking at this carpark. Myself included, which I appealed and lost! But I am now taking to court! There is an App shown on the signage that is supposed to be used but there is no phone signal inside (it's underground), and nothing until quite a distance away from the carpark. It takes longer than the 10 minute grace period they give before payment can be made. They are making a fortune out this situaton. It's criminal in my opinion. They put the hourly rates on the signage, but nothing understandable to say your time limit starts on entry and exit via the ANPR cameras. Only a steep stairway to exit on site, so takes even longer to get out if you have mobility issues. I would really like to find more people who have been sent Parking Charge notices while parking at Woolstaplers simply because they had no phone coverage to make the payment in time. This needs to be officially reported. Would be great to hear back from you.

Thank you b786.

I have taken note of all your key points and in particular your mention of CPR 12.3. And I will certainly make use of the example letter to send to Parkingeye. Much appreciated.

Just to clarify... On the basis I may be able to apply for set aside - judgement being wrongly served. Am I understanding correctly, from section CPR 12.3. 2(a) that conditions were not met by the fact I was not able, (due to being at my overseas address), and therefore did not acknowledge service? Which of course I can prove.

Conditions to be satisfied by the claimant… CPR 12.3
“(2) Judgment in default of defence (or any document intended to be a defence) may be obtained only—
(a) where an acknowledgement of service has been filed but, at the date on which judgment is entered, a defence has not been filed;”

Many thanks