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 #60 on: »
Good questions.

1. QDR can try to claim they didn’t receive it in time — but:

• The order was made and sealed on 8 May 2025.
• The court’s deadlines are counted from the date of the order, not from when the party opens their post.
• The court is not obliged to give them more time just because they say “we didn’t receive it.”
• If they ask for relief from sanctions (an extension), they’d have to file an application with a very good reason for missing the deadline — and simply claiming “we didn’t see it in time” probably won’t be enough, especially when:

•They were a party to the case.
• They knew a judgment was coming.
• You got your copy, so theirs would have been posted around the same time.
• The court can refuse to grant them any extension and allow the strike-out to stand.

2. Would a new claim be statute barred? Very likely - yes:

• The alleged parking event was in 2017.
• The Limitation Act 1980 says that claims based on a simple contract (like a private parking charge) must be started within 6 years of the event.
• They issued the first claim in December 2022, just before that 6-year deadline.
• But if that claim has now failed (struck out), and they try to start a brand-new one now, it would be too late — more than 6 years has passed.
• There’s no ‘pause’ or reset for limitation just because they messed up the first time.

So yes, if they try to start from scratch, you would have a strong defence: “This claim is statute-barred.”

3. Did You Accidentally Give Them a Chance to Re-Serve in Time?

No, you didn’t:

• The order clearly stated:

“The Claimant must file and serve fully particularised claim on or before 21 May 2025.”

• That means it had to be done by 21 May, not just "start thinking about it" or "ask for an extension."
• Sending them an email today doesn’t change that. They were under a court order.
• If they ignored it, that’s their own fault.
• If they now try to rush something through after the deadline because you emailed them about the costs, it won’t help them — the deadline has already passed.

Conclusion:

• They missed the deadline.
• The claim is now struck out.
• They owe you £303.
• They cannot reissue the same claim now without it being statute-barred.
• You did not help them by contacting them — they already blew their chance.

So: deep breath. You're in a solid position. Let them try — you'll win if they do.

In the meantime, you should email QDR at enquiries@qdrsolicitors.com and CC in yourself. I would also suggest you CC in UKPC at complaints@ukparkingcontrol.com, just so as they are aware of the debt they owe, with the following:

Quote
Subject: URGENT – Outstanding £303 Costs Payment – UKPC v [Your Full Name] – Claim No: [INSERT]

To: QDR Solicitors
CC: UK Parking COntrol Ltd

Dear Sirs,

I refer to the order of District Judge Newman dated 8 May 2025 in the above matter, which required your client, UK Parking Control Ltd, to pay me £303 in costs on or before 21 May 2025.

As of today's date, this payment remains outstanding, and no communication has been received from you regarding any delay or issue.

Please treat this email as a Letter of Claim. If full payment of £303 is not received within 7 days from the date of this email, I will proceed to enforce the debt without further notice. This may include applying for a Warrant of Control through the court and instructing enforcement officers (bailiffs), which could increase the amount recoverable from your client.

Payment should be made immediately. If you believe there is any valid reason for non-payment, you must respond in writing within the same timeframe.

Yours faithfully,

[Your Full Name]
[Your Address]
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Re: CCJ for private parking charge registered to my old address
« Reply #61 on: »
Amazing, thanks a million! All done.
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Re: CCJ for private parking charge registered to my old address
« Reply #62 on: »
Quote from: b789 on May 21, 2025, 03:43:03 pm
Subject: URGENT – Outstanding £303 Costs Payment – UKPC v [Your Full Name] – Claim No: [INSERT]
Is it not £313? (I realise it's only a tenner, but still...)

Quote from: utahraptor on May 21, 2025, 01:36:06 pm
2. The Defendant must pay the Claimant's costs of £313 on or before 21 May 2025.
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Re: CCJ for private parking charge registered to my old address
« Reply #63 on: »
I've re-sent the email with the costs corrected. Thank you!
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Re: CCJ for private parking charge registered to my old address
« Reply #64 on: »
Just had an email back:

Quote
Dear Sirs,
 
UK PARKING CONTROL LIMITED -v- _________
Claim Number: _________
Our Reference: _________
 
We write in reference to the above matter.
 
Please note, we have received a call from the Defendant today advising of the Outcome of the Hearing which took place on 7 May 2025, who also provided a copy of the order, which we are advised that the Defendant received today. Please note that we have copied the Defendant in by way of an update.
 
We confirm that we have also received a copy of the Order dated 8 May 2025, also only received today, a copy of which has been attached.
 
Firstly, we note what appears to be an error in the order, paragraph 2 of the order states that ‘The Defendant must pay the Claimant’s costs of £313 on or before 21 May 2025.’ The Defendant has advised us that at the Hearing it was ordered that the Claimant must pay the Defendant in the sum of £313.00. We kindly ask for an amended order which confirms which party is to pay the other party, so that this can be complied with.
 
The Claimant also notes, that as per paragraph 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 wihtou [sic] further order.’ It is noted that the order was received by QDR today and that we are instructed by the Defendant that their copy of the order was only received, today. Given the late receipt of this document, the Claimant has endeavoured to complete this within the necessary timeframe, as such please find a copy of the fully particularised Claim in the form of detailed Particulars of Claim attached with this email.
 
As such we kindly ask the court to provide an updated order, confirming if paragraph 2 is in error and whom is to the £313.00 to which party, furthermore, we kindly await directions regarding the Claim.
 
Should you require any further information, please contact us on 01926 758 731.
 
Yours faithfully,

So they're trying to re-serve the claim today via email. There is an attachment with the particulars of the old claim just with today's date on.

It shows a Peugeot car parked apparently not within the markings of a bay, but there are no markings, it is a wide unmarked bay for multiple cars. The claim also names the car as a Ford, which it is not. Should I post all of these particulars or is it not worth it at this stage?
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Re: CCJ for private parking charge registered to my old address
« Reply #65 on: »
Just show us what they have sent. If it’s a large document then host it on Dropbox or google drive.

They are just playing for time. A new claim cannot bi filed if more than 6 years have passed since the date of the alleged contravention.
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Re: CCJ for private parking charge registered to my old address
« Reply #66 on: »
File attached.

[ Guests cannot view attachments ]
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Re: CCJ for private parking charge registered to my old address
« Reply #67 on: »
Immediately send the following to the court by email to enquiries.watford.countycourt@justice.gov.uk and CC in QDR and yourself making sure you put the claim number and the words "URGENT" in the subject field:

Quote
To: Watford County Court
10 King Street
Watford
WD18 0BW

To: enquiries.watford.countycourt@justice.gov.uk
Date: [Insert Today’s Date]

Claim No: [Insert Claim Number]
Parties: UK Parking Control Ltd v [Your Full Name]

Subject: URGENT Clarification – Claimant’s Non-Compliance with Paragraph 3 of the Order dated 8 May 2025 and Correction of Costs Error in Paragraph 2

Dear Sir or Madam,

I write urgently regarding the order made by District Judge Newman on 8 May 2025, following the hearing of my application to set aside the default judgment.

1. The Claimant has not complied with Paragraph 3 of the Order

Paragraph 3 of the order stated:

“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.”

The Claimant has not filed or served a fully particularised claim. On 21st May 2025, I received by email from QDR Solicitors a document purporting to be “Particulars of Claim” served under the original claim number issued in December 2022. They did not file or serve a new claim as the court ordered. This action amounts to a transparent attempt to continue defective proceedings by merely issuing updated PoC under an already expired claim form.

As the court will be aware:

• CPR 16.2 and 16.3 require that a valid claim consist of a properly filed and served claim form, including a concise statement of the nature of the claim and a statement of value.
• No such claim has been filed or served.
• The original claim form, issued in December 2022, was never served within the 4-month period required by CPR 7.5(1), and no extension was applied for under CPR 7.6.

It is trite law that failure to serve a claim within 4 months of issue renders it void and incapable of revival (see Vinos v Marks & Spencer plc [2001], Croke v NatWest [2022], Piepenbrock [2020], and Boxwood [2021]).

I therefore request that the court confirm:

• The Claimant did not comply with paragraph 3 of the 8 May 2025 order;
• The claim is now struck out automatically without further order;
• No defence is required to be filed against a claim that no longer legally exists.

2. Paragraph 2 of the Order Requires Correction (Slip Rule – CPR 40.12)

Paragraph 2 of the same order currently reads:

“The Defendant must pay the Claimant’s costs of £313 on or before 21 May 2025.”

This is plainly incorrect. The order made at the hearing was that the Claimant pay the Defendant £313, as recorded in the judgment notes and confirmed by both parties. QDR Solicitors have acknowledged this error in writing.

I therefore request that the court correct the slip in paragraph 2 under CPR 40.12, so that it reads:

“The Claimant must pay the Defendant’s costs of £303 on or before 21 May 2025.”

I would be grateful for an urgent response, as I am being placed under pressure to file a defence against what I firmly submit is now a void claim. The situation requires immediate judicial clarification.

Yours faithfully,

[Your Full Name]
[Your Address]
[Your Email Address]

If there is no response or clarification a few days before the amended defence deadline, remind us and an amended defence will be provided.
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Re: CCJ for private parking charge registered to my old address
« Reply #68 on: »
Done, thank you!
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Re: CCJ for private parking charge registered to my old address
« Reply #69 on: »
Looking at their further PoC, I note that the NtD was issued on 19/11/2017 and the NtK issued on 12/01/2018. The driver has not been identified.

Something to use for the defence is no Keeper liability. When a Notice to Driver (NtD) is given (e.g. a windscreen ticket), PoFA requires that a Notice to Keeper (NtK) must be delivered:

"Not less than 28 days after, and not more than 56 days after, the vehicle was parked."

In this case:

• Date of alleged contravention (NtD issued): 19 November 2017
• Date NtK issued: 12 January 2018

Let’s check the number of days between:

• From 19 November 2017 to 12 January 2018 = 54 days

That falls within the 28–56 day window, so at first glance, it looks compliant.

BUT… it is "delivery", not just issue date that counts. PoFA doesn’t say “issued.” It says the NtK must be given (delivered) within 56 days — and “delivered” means actually received, or deemed received (typically 2 working days after posting, per PoFA and Interpretation Act).

If the NtK was posted (issued) on 12 January 2018 (a Friday), it would be deemed delivered on Tuesday 16 January 2018 (assuming normal post and no bank holidays).
That would be 58 days after the 19 November 2017 contravention — outside the 56-day PoFA deadline.

Conclusion:

Unless the Claimant can prove the NtK was delivered on or before 14 January 2018, (they can't) they missed the 56-day deadline under PoFA.

So the NtK is non-compliant with Schedule 4 Paragraph 8(5), and they cannot hold the registered keeper liable.

Not that they are claiming Keeper liability under PoFA anyway!

This just gets better and better.
« Last Edit: May 22, 2025, 04:24:48 am by b789 »
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Re: CCJ for private parking charge registered to my old address
« Reply #70 on: »
And even better...

There are serious problems and issues with the contractual documents provided by UKPC in their amended Particulars of Claim. These relate to their alleged authority to operate and issue PCNs at Parkhouse Court as of 19 November 2017, the date of the alleged contravention:

1. No Document Dated 2017 (or Earlier)

• There is no evidence of a contract or landowner agreement in place at the time of the alleged contravention on 19 November 2017.
• The only document shown in the PoC is a letter from Ian Gibbs Chartered Surveyors dated 16 May 2019 — that is 18 months after the incident.

Therefore, there is no proof that UKPC had the authority to issue PCNs at that site on the material date.

2. Post-Event Letter, Not a Formal Contract

The 2019 letter (Appendix A) is not a formal contract, does not name the landowner, and merely states in general terms that UKPC is “authorised by Hatfield District Estate Management Company Ltd c/o Ian Gibbs.”

It provides no detail about:

• When the authorisation began;
• The contractual terms;
• The duration of the agreement;
• Who signed it on behalf of the landowner;
• Any reference to 2017 or retroactive coverage.

3. Letter is Unfit to Prove Contractual Standing

For a private parking company to pursue a PCN in court, they must show a valid written agreement in place on the date of the alleged contravention.

This 2019 letter:

• Appears to have been created for litigation purposes (likely on request by UKPC);
• Does not confirm the agreement was retrospective;
• Contains no reference to contractual rights in 2017.

4. Fails to Comply with the Code of Practice

Under the BPA Code of Practice (in force in 2017), Section 7.1 required:

“You must have the written authorisation of the landowner or their appointed agent before you can carry out any parking control and enforcement.”

The authorisation must be available on request and must:

• Include the date it commenced;
• Be signed;
• Clearly define the operator’s powers.

The letter from Ian Gibbs does none of this.

5. Appendix A is Misleading

The PoC describes Appendix A as “the letter from the landowner’s agent confirming our authority to operate at the site,” but:

• It is not signed by the landowner;
• It does not contain contract terms;
• It is dated May 2019, which undermines any claim of prior authority.

6. No Site Plan, Schedule, or Signature Page

A proper contract or licence agreement should contain:

• The full names of both parties;
• A clear site plan showing the land covered;
• A schedule of commencement/expiry dates;
• Signatures from both parties;
• Specific reference to PCN enforcement rights.

None of these have been provided.

Conclusion: Major Evidential Gaps

The documents provided:

• Do not prove that UKPC had any valid contract or authority at the location in 2017;
• Are legally insufficient to establish contractual standing to pursue the PCN;
• Should not be accepted by the court as evidence of authority.

If this does have to be defended again, you will be asking for further costs sue to clear unreasonable behaviour by the claimant and their useless solicitors.
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Re: CCJ for private parking charge registered to my old address
« Reply #71 on: »
The signage photo on the particulars of claim is ludicrous too, it shows no context as to where it actually is. Wrong make of car, since 2017 I've moved house, had a child, lost both my parents, had a nervous breakdown and about 8 different cars, I have no idea who parked that car there on that day. None of this supposed correspondence has ever reached me and my first glance at the particulars was yesterday. I can't even begin to understand the legislation regarding that wide unmarked multi-bay parking area. The wording appears to relate to the main car park with marked bays but who knows. I do know that area and that bay the car was parked in has always been a place where people park to pop quickly to the local shop.
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Re: CCJ for private parking charge registered to my old address
« Reply #72 on: »
Thank you as always for your help, I'm so grateful. These people are making me ill.
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Re: CCJ for private parking charge registered to my old address
« Reply #73 on: »
Trust me, this is going to be entertaining to watch how these parasites dig themselves deeper into a hole they cannot extricate themselves from.

You'll get your £313 and, if they continue down this path, you'll be able to add further costs for their unreasonable behaviour.
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Re: CCJ for private parking charge registered to my old address
« Reply #74 on: »
The way they go about things is extraordinary. I get that parking needs to be managed somehow but the way they conduct themselves is tantamount to abuse. I'll never forget my poor old dad coming over to visit us, miffed that he couldn't pay for the fish & chips because a similar company in Reading upheld his parking charge despite the pay machine being busted. I said "why did you pay it?" he said "Cos I had to". They masquerade as the law and terrorise innocent people. Vile trade altogether, there has to be a fairer way.
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