3. CCJ for private parking charge registered to my old address
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Re: CCJ for private parking charge registered to my old address
« Reply #45 on: »
Hello all,

I got this through today:

Quote
Good morning
Thank you for your email.
As my colleague stated in his email, any change to a hearing date requires a formal application.

The date given for hearing the application to set aside judgment was the earliest date available at the time of booking. We are currently listing hearings in July 2024 so any change to date is likely to be heard later.  The court does not have capacity to bring any hearings forward.

Is it worth going through requesting an adjournment right away or should I hang on and see what UKPC and their solicitors say first?
« Last Edit: November 15, 2024, 03:49:53 pm by utahraptor »
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Re: CCJ for private parking charge registered to my old address
« Reply #46 on: »
The court’s response suggests they are stretched thin, so even a formal application may face resistance unless you can show that another court can genuinely accommodate the hearing sooner

Moving the claim to a different court location might be a worthwhile option if you can demonstrate that another court has shorter wait times and would be able to accommodate an earlier hearing date. However, such a request would also typically require a formal application and sufficient justification. A formal application will incur an additional fee (unless you qualify for help with fees). Consider whether the benefits outweigh the costs and effort involved. Are you eligible for help with fees?

You'd need to research nearby county courts to determine whether they have shorter listing times for hearings. Contact their court offices to inquire about their current availability for hearings of this type. If another court can hear the case sooner, you'd  need to file a formal application (using form N244) to request that the claim be transferred to that court. In the application, you'd need to provide:

• Evidence of the current court’s delay and the severe impact this has on your financial and personal circumstances.
• Evidence that another court can hear the matter sooner.
• Reference to CPR 30.3, which allows for transfer of proceedings if it would better serve the overriding objective of handling cases expeditiously and fairly.

If you proceed with a formal application, include updated evidence of the financial and practical hardships caused by the delay, such as:

• Credit report showing the impact of the CCJ.
• Evidence of housing or employment challenges.
• Correspondence with creditors demonstrating financial difficulties.

You could write to the Designated Civil Judge (DCJ) to highlight the unreasonable delay and its disproportionate impact, requesting their intervention. For Watford, His Honour Judge Stephen Murch, is the senior judge responsible for overseeing court administration. You want to request his intervention in expediting your hearing.

This approach is informal compared to filing a formal application, and while it is not guaranteed to succeed, it could result in a case being prioritised or reviewed, especially in situations of significant hardship or systemic delays. Any letter should be formal, concise, and respectful, focusing on the exceptional circumstances that justify the need for intervention. You'd need to include the following elements:

a. Case Information

• Your name and contact information.
• The claim number.
• The court where the hearing is currently listed (e.g., Watford County Court).
• The date of the scheduled hearing.

b. The Delay and Its Impact

Highlight the significant delay (e.g., hearing set for eight months from now) and explain how this adversely impacts you, including:

• Financial hardship (e.g., restricted access to credit, housing, and employment opportunities due to the CCJ).
• Procedural injustice (e.g., improper service of the claim leading to the default judgment).
• Emotional distress and other adverse consequences.

c. Request for Intervention

Explain why an expedited hearing is necessary and ask for the judge’s intervention. You may request:

• A review of the case to prioritise an earlier hearing date.
• A directive to reassign the claim to another judge or court that can hear the matter sooner.

d. Emphasise the Overriding Objective

Reference CPR 1.1, which requires cases to be handled fairly, expeditiously, and proportionately. Argue that an eight-month delay undermines this principle and your right to prompt access to justice.

e. Supporting Evidence

Attach any relevant documentation, such as:

• A copy of the court’s hearing notice showing the scheduled date.
• Evidence of improper service (e.g., proof of your updated address and when it was provided to the claimant).
• Evidence of financial hardship (e.g., credit report, correspondence with creditors or landlords, proof of rejected job applications due to the CCJ).
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Re: CCJ for private parking charge registered to my old address
« Reply #47 on: »
That's fantastic thanks so much for all that, very much appreciated.
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Re: CCJ for private parking charge registered to my old address
« Reply #48 on: »
Court time has almost come around (quicker than I thought).

I decided to just wait for the hearing in the end, but really appreciate all your advice.

I have just had an email though from QDR:

Quote
WITHOUT PREJUDICE SAVE AS TO COSTS.
 
Dear *********
 
UK PARKING CONTROL LIMITED -v- *********
Claim Number: *******
Our Reference: *******
 
We write in reference to the above matter.
 
We confirm that having reviewed your application to have the Judgment set aside, that the Claimant is willing to Consent to your application via a Consent Order. Within this order it would be agreed by both parties for the Judgment to be Set Aside, however, there is a cost associated with filing this with the Court. The Claimant would request that you bear the cost of the court filing fee of £123.00 to file the Consent Order with the Court. Please note that it is ultimately for the court to approve and to seal the Consent Order.
 
Should you be in agreement, we can draft the proposed Consent Order for your review, we will also include our bank details in the event that you wish to proceed with a Consent Order.
 
We note that there is still an outstanding balance for this matter in the sum of £267.00, should this be set aside, the balance would revert to £255.00 as the £22.00 Judgment cost would be removed. We kindly ask whether you intend to make payment of the outstanding balance or whether you wish to Defendant the claim should the Judgment be set aside.
 
We kindly await your response to the Claimant’s offer regarding the proposed Consent Order and whether you intend to Defend or pay the Claim in the event that Judgment is set aside.
 
Should you require any further information, please contact us on 01926 758 731.
 
Yours faithfully,
 
QDR Solicitors Limited
T: 01926 758 731
defended.team@qdrsolicitors.com

I kinda get what they are suggesting but am unsure what I should accept and how to play it. My intentions would be to defend the claim. A bit confused about it being set aside yet still having to defend it. Please could you advise? Many thanks as always.
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Re: CCJ for private parking charge registered to my old address
« Reply #49 on: »
The letter from QDR Solicitors means that the parking company is now offering to agree to your request to set aside the CCJ (County Court Judgment), but only if you agree to pay the court fee of £123 for them to file a “Consent Order” – a legal document that both parties agree on. They are also asking whether you plan to pay the original charge (£255) or defend the case if the judgment is removed.

Here’s what they’re really trying to do:

They know your application to set aside the CCJ is strong. The judgment was made without properly serving the claim to your correct address, which means the court should automatically set it aside under the rules. They also know that more than 4 months passed without valid service, which makes the claim “dead” and the court may strike it out completely. If this happens at the hearing, you won’t owe anything and they will most likely have to repay your £303 set aside fee.

By offering a Consent Order, they’re trying to:

• Avoid the risk of losing in court.
• Avoid having to pay your costs.
• Possibly still get money out of you, either the £123 court fee or the original £255 charge.

You don’t have to (and shouldn't) accept this offer. If you go to the hearing, the judge is very likely to set aside the judgment anyway, and probably strike out the whole claim. You’re also more likely to get your £303 application fee back that way.

So, your options are:

1. Accept the offer and pay the £123, which gets the judgment set aside quickly but may still leave the original claim alive for you to pay or defend.
2. Ask them to cover the court fee and agree to cancel the whole claim. This is only worth doing if they agree in writing to drop the claim and pay your £303 application fee.
3. Reject the offer and attend the hearing. This is the recommended option. You have a strong case, and the court is likely to rule in your favour, set aside the judgment, and probably strike out the claim completely, with no cost to you.

I suggest you respond with the following:

Quote
Subject: Re: Proposed Consent Order – Claim No. [insert number]

Dear Sirs,

I acknowledge receipt of your offer to file a Consent Order to set aside the default judgment in this matter.

Given that the claim was never validly served in accordance with CPR 6.9, and that more than four months passed from issue without valid service, the judgment was irregularly obtained. Therefore, the court is obliged to set aside the judgment under CPR 13.2. Further, as you are no longer entitled to continue the claim due to the expiry of the service window under CPR 7.5(1), the claim is now void and liable to be struck out.

I respectfully decline to bear the court fee for a Consent Order. I am confident the court will grant my application and award costs against the Claimant, given the procedural failures involved. However, should the Claimant wish to resolve this matter without the need for a hearing, I would be willing to consider a Consent Order:

1. Where the Claimant agrees to pay the £123 fee to file the Consent Order; and
2. The claim is struck out and the judgment set aside with no further proceedings; and
3. The Claimant pays my £303 application fee in full.

Should I not hear further, I will proceed to the scheduled hearing and reserve my position in respect of costs.

Yours faithfully,

[Your Name]
« Last Edit: April 16, 2025, 06:24:24 pm by b789 »
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Re: CCJ for private parking charge registered to my old address
« Reply #50 on: »
Done. Fantastic, thank you!
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Re: CCJ for private parking charge registered to my old address
« Reply #51 on: »
Their response is in:

Quote
Dear Sirs
UK PARKING CONTROL LIMITED -v- ********
Claim Number: *******
Our Reference: ******
We refer to the Defendant’s Application to Set Aside Judgment dated 5 September 2024. We note
that a hearing has been listed on 7 May 2025 at 15:30pm
By way of background, the Defendant was issued with a Parking Charge Notice (“PCN”) for a
contravention that occurred on 19 November 2017 due to the Defendant’s vehicle (“the Vehicle”)
not being parked correctly within the markings of the bay or space.
The PCN remained unpaid and subsequently, the Claim was issued to (OLD ADDRESS), the last known address of the Defendant on 7 December
2022. As no response was received, Judgment in Default was granted in the sum of £267.00 on 11
January 2023.
The Defendant states in their application that the Claim was not served at the correct address
and that they have been sent to the Defendant’s previous address which was vacated in 2020.
They state that this should have been realised by the Claimant as they were on the open
electoral roll at their new address and that the Defendant believes that the claimant made no
attempt to verify their correct address.
With regard to the above it is noted that the Claimant was provided with the last know address
of the Defendant by the DVLA and consequently the Claim was issued at the last know address
of the Defendant as per CPR 6.9 and the Claimant maintains that the Claim was served
correctly.
When considering the above, the Claimant consents to the Defendant’s Application provided there
is no order as to costs. In order to save costs, the Claimant does not intend on arranging
representation at the hearing. No disrespect is intended by the Claimant’s non-attendance at the
hearing.
We would be grateful if a copy of this letter and email could be placed on the Court file prior to
the Hearing.
If the Court has any queries in relation to this matter, please do not hesitate to contact us on the
details below.
Yours faithfully,
QDR

Should I accept?  :)
« Last Edit: May 01, 2025, 05:25:27 pm by utahraptor »
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Re: CCJ for private parking charge registered to my old address
« Reply #52 on: »
I am not even going to bother reading this unless you stop redacting any dates!!!
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Re: CCJ for private parking charge registered to my old address
« Reply #53 on: »
Oh apologies! I've edited them back in.
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Re: CCJ for private parking charge registered to my old address
« Reply #54 on: »
QDR’s latest letter says they agree to the set aside but only if there’s no order for costs – meaning they don’t want to pay you back for the £303 N244 application fee you had to spend fixing their mistake.

They’ve also said they won’t bother turning up to the hearing, and it looks like they’ve sent a copy of this letter to the court.

This is a tactic. They are trying to make it look like everything is now agreed between both sides — including the part about no costs — in the hope that the judge won’t question it.

To be clear: you do NOT agree to what they are trying to pull. You’ve never agreed to give up your right to costs. In fact, you already told them clearly that they caused this mess, and unless they agreed to strike out the claim and repay your court fee, you would go to the hearing.

They ignored that, and now they’re trying to pretend you’re both on the same page. You’re not.

Quote
Subject: Re: UK Parking Control v [Your Name] – Claim No. [insert number]

Dear Sirs,

I acknowledge receipt of your recent letter regarding the above matter, in which you state that the Claimant consents to the setting aside of judgment provided there is no order as to costs.

To be absolutely clear: I do not agree to the Claimant’s proposal, nor have I ever consented to any such condition. Your client had the opportunity to resolve this matter fairly by reimbursing the application fee and striking out the claim. Instead, it chose to force the matter to a hearing and now seeks to avoid accountability for its actions.

Given your stated intention not to attend the hearing, and the possibility that the court may be misled into believing that agreement has been reached, I will ensure that a copy of this correspondence is submitted to the court to make my position clear: there is no agreement between the parties.

I will attend the hearing and ask the court to:

• Set aside the judgment under CPR 13.2 or 13.3;
• Strike out the claim as invalid due to failure of service within the CPR 7.5 time limit; and
• Award the full costs of my application, which were caused solely by your client’s conduct.

Yours faithfully,

[Your Name]

At the hearing, you need to make it absolutely clear to the judge that:

• You do not agree to QDR’s conditions.
• You have never consented to their proposal or to any “no order as to costs.”
• You want the judgment set aside, the claim struck out, and your application fee fully reimbursed because of the Claimant’s unreasonable conduct.

Take a printed copy of their email/letter and your earlier reply that rejected their offer — so the judge can see for themselves that this “agreement” is one-sided and misleading.

They’re trying to fool the court into thinking the whole thing is sorted — but it isn’t. Make that crystal clear at the hearing, and let the judge deal with them. They’ve made this mess. Let them pay for it.

At the hearing, calmly but firmly tell the judge:

"I respectfully request my full application fee be awarded as costs. The Claimant served the claim to an outdated address without checking public records like the electoral roll. Their failure to carry out reasonable diligence forced me to apply to set aside a default judgment I knew nothing about. Despite being aware of their error, they refused to resolve it unless I paid them to do so. They only consented after I rejected that demand, and they’re now avoiding the hearing altogether. I’ve acted promptly and properly, and I respectfully submit that the Claimant should bear the cost of putting this right."

And if the judge asks about your position on the claim itself?

"I also ask that the claim be struck out. It was not validly served within the four-month period under CPR 7.5(1), and as such, it is no longer valid. The court has no jurisdiction to allow it to continue."

You're in the right — legally and morally. Don’t let them off the hook. They've wasted your time, damaged your credit, and now they’re trying to wriggle out of paying even a penny to fix it. Make sure they feel it.
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Re: CCJ for private parking charge registered to my old address
« Reply #55 on: »
Understood, thanks so much!
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Re: CCJ for private parking charge registered to my old address
« Reply #56 on: »
The CCJ was set aside and UKPC were ordered to pay my £303 costs. UKPC have two weeks to serve the claim at my proper address, if they fail to do so within this time the entire claim will be automatically struck out.
Thank you very much, I'm so grateful for all your help.





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Re: CCJ for private parking charge registered to my old address
« Reply #57 on: »
What did the judge say about the claim should be struck out because it has not been served within 4 months?

I bet they discontinue.
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Re: CCJ for private parking charge registered to my old address
« Reply #58 on: »
She listened to my reasons regarding that but just said something like "Unfortunately I can't strike it out". I wasn't sure whether to ask her to elaborate on it or not but she seemed to be on my side so I just took her word for it.

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Re: CCJ for private parking charge registered to my old address
« Reply #59 on: »
Well, two weeks have passed and no new claim sent through. The time limit of my costs being sent to me also expires today so I called QDR to see why, and they claim to have had no correspondence from the court.

I received mine today, the wording is below. Incidentally, I note that the court has got the words 'defendant' and 'claimant' the wrong way around in the sentence about costs.

Quote
Before District Judge Newman sitting at the County Court at Watford, Sitting At, 10 King Street, Watford, Hertfordshire, WD18 0BW
Upon the Claimant not attending but the Court reading its letter dated 1 May 2025 and hearing from the Defendant in person
Upon the Court not being satisfied:
1. When the Claimant obtained the last known address of the Defendant from the DVLA, no evidence being offered in respect of the same.
2. Noting that the PCN was issued in 2017 and the claim was not issued until 2022, that it was reasonable for the Claimant to rely on the
last known address without taking into account CPR 6.9 and the delay in issuing proceedings
IT IS ORDERED THAT
1. the judgment against ______ dated 11 January 2023 be and is hereby set aside.
2. The Defendant must pay the Claimant's costs of £313 on or before 21 May 2025.
3. The Claimant must file and serve fully particularised claim in accordance with CPR 16 on or before 21 May 2025, failing which the
claim will be struck out without further order.
4. The Defendant must file and serve (send to the Court and the Claimant) a defence on or before 4 June 2025.

Just a couple of questions:

Can QDR claim they didn't receive the court order letter then ask for more time?
If they do, and then file a new claim, would this claim now be statute barred due to the 8 years that have now elapsed?
Also, have I now inadvertently given QDR a chance to hastily file a new claim within time by giving them a heads up when asking for my costs to be sent to me? The order says on or before today's date.
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  3. CCJ for private parking charge registered to my old address