Here is a WS and draft order you can send with your N244 application for the set aside. Please read it carefully and either insert or correct any dates and other details, where required:
IN THE COUNTY COURT
Claim No: [Claim Number]
BETWEEN:
Civil Enforcement Ltd
Claimant
- and -
[Defendant's Full Name]
Defendant
WITNESS STATEMENT
1. I am the Defendant in this matter, and I make this witness statement in support of my application to set aside the County Court Judgment (CCJ) entered against me on 15th June 2021 in default due to defective service of the claim form. I also seek an order striking out the claim due to the Claimant’s failure to comply with CPR 16.4 and other procedural irregularities.
2. I confirm that the matters set out in this witness statement are within my personal knowledge, except where indicated otherwise, and are true to the best of my knowledge and belief.
3. I was not aware of the claim made against me until I received a letter from the Claimant dated 13th October 2024, informing me that a default judgment had been obtained against me for an alleged parking contravention on 23rd March 2019. A copy of this letter is attached as Exhibit XX-01.
4. On 24th October 2024, I wrote to the Claimant outlining the procedural errors in their claim and inviting them to join me in a joint application to set aside the judgment. In my letter, I explained that the claim form had been sent to an old address at which I no longer resided and that I had not received any pre-claim correspondence, claim form, or particulars of claim. A copy of this letter is attached as Exhibit XX-02.
5. Despite being given a reasonable period to respond and correct their procedural failings, the Claimant failed to reply to my letter. This forced me to proceed unilaterally with this application at my own expense. The Claimant’s refusal to engage constructively or address their procedural errors amounts to unreasonable behaviour.
6. I made it clear in my letter that the Claimant’s breach of CPR 6.9(3) and the British Parking Association (BPA) Code of Practice had deprived me of the opportunity to defend the claim. Their inaction in response to my letter has further compounded this injustice.
7. The Claimant’s failure to act reasonably or to respond to my legitimate concerns supports the assertion that their behaviour has been wholly unreasonable. As such, I respectfully request that this be considered when the court addresses the question of costs.
8. The Claim Form was not served within its four-month validity period as required by CPR 7.5. In consequence, the court had, and continues to have, no jurisdiction over the claim, which has expired and cannot now be re-served. I refer the court to the authority of Vinos v Marks & Spencer plc [2001] 3 All ER 784, attached as Exhibit XX-03, which establishes that a claim form not served within four months cannot be retrospectively validated.
9. CPR 12.3(1) states that a claimant may obtain judgment in default only if, at the date on which judgment is entered, (a) the defendant has not filed an acknowledgment of service or a defence, and (b) the relevant time for doing so has expired. Since the claim form was not validly served due to the Claimant’s failure to check for a current address (CPR 6.9(3)), the time limit for acknowledgment of service has not started and thus cannot have expired. Consequently, the default judgment was improperly entered.
10. As stated in Dubai Financial Group Llc v National Private Air Transport Services Company (National Air Services) Ltd [2016] EWCA Civ 71, attached as Exhibit XX-04, where the time for acknowledgment of service has not expired, any default judgment entered must be set aside pursuant to CPR 13.2. The judgment against me meets this criterion and must therefore be set aside as of right.
11. The inadequacy of the Particulars of Claim (PoC), attached as exhibit XX-05 further invalidates the claim. The PoC fail to comply with CPR 16.4, which requires a concise statement of facts, details of the alleged breach, and an explanation of how the amount claimed was calculated.
12. A recent persuasive appeal judgment in Civil Enforcement Limited v Chan (2023) [E7GM9W44], attached as Exhibit XX-06, would indicate the PoC fails to comply with Civil Procedure Rule 16.4 and Practice Direction Part 16. On the 15th August 2023, in the cited case, HHJ Murch held that 'the particulars of the claim as filed and served did not set out the conduct which amounted to the breach in reliance upon which the claimant would be able to bring a claim for breach of contract'. The same is true in this case and in view of the Chan judgment, the Court should strike out the claim, using its powers pursuant to CPR 3.4
13. Such deficiencies were also highlighted in the persuasive appellate decision of CPMS v Akande (2024) [K0DP5J30], attached as Exhibit XX-07, where similarly vague PoC were found to be defective and resulted in claims being struck out.
14. The overriding objective of the Civil Procedure Rules, as emphasised in VCS v Carr (CA-2024-001179), attached as Exhibit XX-08, is to deal with cases justly. In that case, the Court of Appeal underscored that CPR 13.3 is intended to avoid injustice. Even where there is a delay in applying to set aside a default judgment, the overriding objective remains paramount.
15. In VCS v Carr, the court stressed that a holistic evaluation of all the circumstances is required to deal justly with the case. The court must consider whether the defendant had any real opportunity to advance a defence. In my case, I had no opportunity to respond to the claim or defend it, as I was not served with the claim form. As stated in VCS v Carr, a defendant cannot be criticised for failing to respond to a claim form that they never received.
16. Furthermore, in VCS v Carr, the Court of Appeal highlighted that the justice of the case requires consideration of whether a claimant would be unjustly enriched by a judgment to which they were not entitled. In my case, allowing this judgment to stand would unjustly enrich the Claimant at my expense.
17. The Claimant’s failure to comply with CPR 16.4 and CPR 6.9, combined with their attempt to rely on an expired claim form, has deprived me of the opportunity to properly defend myself. As stated in VCS v Carr, the court must consider all the circumstances holistically, including the fact that I had no knowledge of the claim and no opportunity to contest it before the default judgment was entered.
18. I acted promptly upon learning of the default judgment. I became aware of the judgment on 24th October 2024 and immediately contacted the Civil National Business Centre and the Claimant to obtain further details. When the Claimant failed to respond, I prepared and filed this application.
19. I believe I have a strong defence to this claim, as follows:
a. The signage at the location of the alleged parking event was unclear and insufficient to form a valid contractual agreement.
b. The charges claimed are disproportionate and amount to an unenforceable penalty.
c. The Claimant has not demonstrated their legal right to pursue these charges or their compliance with the Protection of Freedoms Act 2012.
20. In light of the procedural breaches, the defective service of the claim form, the inadequacy of the PoC, and the fact that the claim is now time-barred, I respectfully request that the court:
a. Set aside the default judgment under CPR 13.2 or, alternatively, CPR 13.3;
b. Strike out the claim under CPR 3.4(2) due to the Claimant’s non-compliance with CPR 16.4 and CPR 7.5;
c. Award me my costs of this application on an indemnity basis.
Statement of truth
I 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:
Here is the table of contents for the WS, exhibits and draft order:
IN THE COUNTY COURT[/center]
Claim No: [Claim Number]
BETWEEN:
Civil Enforcement Ltd
Claimant
- and -
[Defendant's Full Name]
Defendant
TABLE OF CONTENTS
1. Witness Statement of [Your Full Name]
2. List of Exhibits:
Exhibit XX-01: Letter from the Claimant dated 13th October 2024, informing the Defendant of the default judgment.
Exhibit XX-02: Evidence of the Defendant’s address change, including [e.g., tenancy agreement, utility bills].
Exhibit XX-03: Case authority: Vinos v Marks & Spencer plc [2001] 3 All ER 784.
Exhibit XX-04: Case authority: Dubai Financial Group Llc v National Private Air Transport Services Company (National Air Services) Ltd [2016] EWCA Civ 71.
Exhibit XX-05: Particulars of Claim (PoC)
Exhibit XX-06: Case authority: Civil Enforcement Ltd v Chan [2023] E7GM9W44.
Exhibit XX-07: Case authority: CPMS v Akande [2024] K0DP5J30.
Exhibit XX-08: Case authority: VCS v Carr (CA-2024-001179).
3. Draft Order
Here is the Draft Order:
IN THE COUNTY COURT[/center]
Claim No: [Claim Number]
BETWEEN:
Civil Enforcement Ltd
Claimant
- and -
[Defendant's Full Name]
Defendant
DRAFT ORDER
UPON hearing the Defendant’s application to set aside the default judgment entered on [date of judgment];
AND UPON the court finding that:
1. The claim form was not validly served in accordance with CPR 6.9;
2. The Claimant failed to comply with CPR 7.5 by not serving the claim form within four months of issue;
3. The Particulars of Claim fail to comply with CPR 16.4(1)(a) by not providing a concise statement of facts sufficient to enable the Defendant to prepare a defence;
AND UPON the court considering the overriding objective of dealing with cases justly, as set out in CPR 1.1;
IT IS ORDERED THAT:
1. The default judgment entered against the Defendant on [date of judgment] is set aside pursuant to CPR 13.2 and/or CPR 13.3.
2. The claim is struck out pursuant to CPR 3.4(2)(a) and (c) on the grounds that:
a. The Claimant failed to comply with CPR 7.5, and the claim form has expired unserved;
b. The Particulars of Claim are defective and fail to disclose a reasonable cause of action or provide sufficient particulars in accordance with CPR 16.4.
3. The Claimant shall pay the Defendant’s costs of this application, summarily assessed in the sum of £303, pursuant to CPR 13.2 and/or CPR 13.3.
4. The costs shall be paid on an indemnity basis due to the Claimant’s unreasonable behaviour, including but not limited to:
a. Failing to take reasonable steps to serve the claim form at the Defendant’s correct address, in breach of CPR 6.9(3) and the British Parking Association (BPA) Code of Practice;
b. Issuing a claim with inadequate Particulars of Claim, in breach of CPR 16.4(1)(a), making the claim defective;
c. Failing to serve the claim form within the four-month period required by CPR 7.5, rendering the claim expired and unservable;
d. Ignoring the Defendant’s letter dated 24th October 2024, which invited a joint application to resolve the matter reasonably and avoid unnecessary costs;
e. Forcing the Defendant to incur additional expense by proceeding unilaterally to remedy the Claimant’s procedural errors.
5. Any record of the judgment entered on 15th June 2021 shall be removed from the Register of Judgments, Orders, and Fines forthwith.
Dated:
Here are links to the various exhibits except the ones you have to provide such as your proof of when you moved and a copy of the letter you sent to CEL advising them of the reason for requesting a set aside:
Exhibit XX-01: Letter from the Claimant dated 13th October 2024, informing the Defendant of the default judgment.
Exhibit XX-02: Evidence of the Defendant’s address change, including [e.g., tenancy agreement, utility bills].
Exhibit XX-03: Case authority: Vinos v Marks & Spencer plc [2001] 3 All ER 784.Exhibit XX-04: Case authority: Dubai Financial Group Llc v National Private Air Transport Services Company (National Air Services) Ltd [2016] EWCA Civ 71.Exhibit XX-05: Particulars of Claim (PoC)
Exhibit XX-06: Case authority: Civil Enforcement Ltd v Chan [2023] E7GM9W44.Exhibit XX-07: Case authority: CPMS v Akande [2024] K0DP5J30.Exhibit XX-08: Case authority: VCS v Carr (CA-2024-001179).