N244 Application Form and Supporting Witness StatementClaim No: [Insert Claim Number]
Name of Claimant: Capital Car Park Control Ltd
Name of Defendant: [Insert Your Name]
N244 Application FormSection 3: What order are you asking the court to make and why?I respectfully request that the court:
1. Set aside the default judgment entered against me on 11th December 2024 under CPR 13.3.
2. Strike out the claim pursuant to CPR 3.4(2)(a) on the basis that the claimant’s particulars of claim fail to comply with CPR 16.4.
3. In the alternative, order the claimant to file further and better particulars of claim that comply with CPR 16.4, and grant the defendant permission to file and serve a full defence thereafter.
4. Award the defendant their costs for this application in the event that the claimant discontinues the claim.
Section 4: Why are you asking for this order?1.
The default judgment was entered unfairly: I was unable to file my defence due to exceptional circumstances, namely severe illness and complications arising from a high-risk pregnancy, which rendered me unable to act.
2.
The claim fails to meet procedural requirements: The claimant’s particulars of claim do not comply with CPR 16.4 as they:
- Fail to provide sufficient detail of the legal basis for the claim.
• Lack clarity regarding the alleged contract and its terms.
• Do not adequately specify how the defendant is alleged to have breached the contract or incurred liability.
3. I believe I have a reasonable prospect of successfully defending the claim based on the lack of compliance with CPR 16.4 and substantive issues with the claimant’s case.
4. I have acted promptly upon discovering the default judgment and seek to resolve the matter in a fair and just manner.
5. It is highly likely that the claimant and their solicitors, who frequently engage in bulk litigation, will discontinue the claim if required to provide further particulars or proceed with the case. To prevent unfair costs consequences for the defendant, it is just and equitable that the court order the claimant to cover the defendant’s costs for this application should the claim be discontinued.
[X] At a hearing
Section 6: How long do you think the hearing will last?30 minutes
Section 7: Give details of any fixed trial date or periodN/A
Section 8: What level of Judge does your hearing need?District Judge
Section 9: Who should be served with this application?The claimant’s solicitor, DCB Legal Ltd, Direct House, Greenwood Drive, Runcorn WA7 1UG.
Section 10: What information will you be relying on, in support of your application?[X] The attached witness statement
[X] The statement of case
[X] Evidence set out in the box below
The evidence includes:1. Proof of my acknowledgment of service submitted on 6th November 2024.
2. Medical evidence detailing my health conditions and reasons for being unable to file a defence within the required timeframe.
3. Draft defence, demonstrating that I have a reasonable prospect of successfully defending the claim and challenging its compliance with CPR 16.4.
Supporting Witness StatementClaim No: [Insert Claim Number]
In the Civil National Business Centre
Between: Capital Car Park Control Ltd (Claimant) and [Your Name] (Defendant)
Witness Statement of [Your Full Name]1.
I, [Your Full Name], of [Your Address], am the Defendant in this claim. I make this statement in support of my application to set aside the default judgment entered against me on 11th December 2024.2.
Acknowledgment of Service: I submitted an acknowledgment of service on 6th November 2024, indicating my intention to defend the claim. However, due to exceptional circumstances, I was unable to file my defence by the deadline.
3.
Health Issues: During the relevant period, I was suffering from severe illness and complications associated with a high-risk pregnancy. These conditions severely impacted my everyday life and ability to manage my affairs. Supporting medical evidence includes:
• A letter from my hospital confirming my condition and the associated limitations.
•A letter from my doctor outlining the severity of my illness and its effect on my daily functioning.
•A letter from my therapist describing the psychological impact of my condition and its contribution to my inability to act.
4.
Discovery of Default Judgment: I only became aware of the default judgment upon returning home on [Date] and acted promptly to address the matter by seeking legal advice and preparing this application.
5.
Non-Compliance with CPR 16.4: The claimant’s particulars of claim do not comply with CPR 16.4. Specifically:
• The claim lacks sufficient detail about the alleged agreement, including its terms, parties, and date.
• There is no explanation of the alleged breach or how the amount claimed is calculated.
• The particulars fail to specify the legal basis for the claim.
6.
Defence to the Claim: I believe I have a strong defence. My draft defence highlights the claimant’s failure to comply with CPR 16.4 and the lack of evidence supporting their claim. I deny any liability and challenge the enforceability of the alleged contractual terms.
7.
Request to Set Aside Judgment: I respectfully request that the court set aside the default judgment under CPR 13.3, as I was unable to act due to circumstances beyond my control and believe I have a reasonable prospect of successfully defending the claim.
8.
Likelihood of Discontinuance: Based on the claimant’s and their solicitor’s pattern of bulk litigation, I believe it is highly likely that the claimant will discontinue the claim if required to provide further particulars or proceed with the case. To avoid an unfair outcome, I request that the court order the claimant to pay the defendant’s costs for this application if the claim is discontinued.
9.
In the Alternative: If the court does not strike out the claim for non-compliance with CPR 16.4, I request that the claimant be ordered to provide further and better particulars of claim within 14 days and that I be permitted to file and serve a full defence within 14 days thereafter.
Statement of TruthI believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed:
Date:
Draft OrderIN THE [Insert Court Name]
CLAIM NO: [Insert Claim Number]
BETWEEN:[Claimant’s Name] (Claimant)
AND[Your Name] (Defendant)
DRAFT ORDERBefore District Judge [Insert Name] sitting at [Insert Court Location].
UPON the Defendant’s application dated [Insert Date] and considering the evidence filed:
IT IS ORDERED THAT:1. The default judgment entered on 11th December 2024 against the Defendant be set aside pursuant to CPR 13.3.
2. The claim be struck out pursuant to CPR 3.4(2)(a) for failure to comply with CPR 16.4.
3. In the alternative to paragraph 2 above:
a. The Claimant shall file and serve further and better particulars of claim that comply with CPR 16.4 within 14 days of this order.
b. The Defendant shall file and serve a fully pleaded defence within 14 days thereafter.
4. If the Claimant discontinues the claim, they shall pay the Defendant’s costs of this application in full within 14 days of discontinuance.
5. The costs of this application be reserved.
Dated: [Insert Date]
Agree x 1
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