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Private parking tickets / Re: Parking Eye & now Country Court Judgement. 4 minutes late buying parking ticket!
« on: March 16, 2026, 05:40:03 pm »The order is good (in your favour) but it can go either way—so be ready to argue it.Hello there,
The risk
If ParkingEye show the MCOL claim was served by the court to the UK address they supplied (which matches the V5C keeper address) and they had no reason to think that address wasn’t current, a judge may treat that as valid service at your “last known residence” (CPR 6.9). That’s the claimant’s best point.
Your counter
“Residence” means where you live, not what’s on the V5C. Ownership/registration ≠ “usual or last known residence” at the date of service. You were continuously overseas Oct 2024–May 2025.
Reasonable steps (CPR 6.9(3)): If a claimant has any reason to doubt the address, they must take reasonable steps to check (soft trace, email confirmation, etc.). Your case gives them several prompts:• All earlier dealings were email/online (PE and POPLA).
• Silence to a Letter Before Claim and/or claim pack is a common trigger to check before default.
• It would have been trivial to email the address they’d been using to confirm a service address before issuing.
Service by the CNBC doesn’t cure a bad address. The court posts to the address the claimant provides; the claimant bears the risk if that address isn’t your usual/last-known residence at service.
If PE rely only on “it matched the V5C” but cannot show (i) that address was your residence in March 2025 or (ii) reasonable steps to verify it, then CPR 13.2 (mandatory set-aside) still bites.
Fallback remains CPR 13.3 (you have a real prospect: you paid; PoC alleging “no payment” are wrong; unfair/unclear ANPR-entry term).
What to watch for in their “evidence of service”• What address did they give CNBC, and why was it your usual/last known residence at service?
• What steps (if any) they took under CPR 6.9(3) before default when you didn’t respond by post.
• Any claim that you actually received the pack in time (you didn’t).
• Any reliance on the April 2024 appeal form (months earlier, not proof of residence at service date).
Bottom line• PE will likely argue V5C = last known address → valid service.
• Your reply: I didn’t live there at service; you knew/should have checked; you had email; you didn’t verify; service was invalid → CPR 13.2 mandatory set-aside.
• And even if a judge were to accept service as valid, you still have a strong CPR 13.3 defence and, after set-aside, a CPR 7.5/3.4 strike-out point if the claim form effectively expired without valid service.
Given the order you’ve got (they must prove service by 4pm 14 Nov 2025 or the claim is struck out), you’re in a good procedural spot. Keep your overseas-residence proof ready and wait to see what they file.
I partly won!!
I just wanted to thank you again for all the help you gave me for my court hearing (via video), which has taken place today. I managed to succeed with a set aside under CPR 13.3. In hindsight now that I am not so nervous! I should have stood my ground with the good reasons and evidence I had for CPR 13.2. They did not have a strong case against me. They provided no reasons for not checking my address was correct at the time of service, but 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.
Nevertheless, I now have the opportunity to submit another defence within 21 days.
I couldn't have achieved this without your help.
But seriously, 4 minutes outside the timeframe (due to their ineffective payment system) and they will take it this far!
Lots of thanks you's
Rebecca
