Free Traffic Legal Advice

There is no way that the claimant will have been ordered to provide something without you, the defendant being copied in. So, do no assume anything. If you have not seen any notice of the supposed order dated 11th October for ParkingEye to submit further evidence, the there is a very serious problem.

Here is what you must do immediately:

1. Get a copy of the missing order

2. Cover yourself on timing
If the order imposes deadlines you couldn’t meet because you never received it, ask CNBC to confirm the deadlines run from the date of (re)service. If necessary, request a short extension under the court’s case management powers.

3. Reply to ParkingEye
Acknowledge receipt, state you’ve not received the order, that you’ve asked CNBC for it, you dispute service, and your application is under CPR 13.2 (mandatory) and 13.3 (fallback), with a CPR 7.5/3.4 strike-out once judgment is set aside. Ask them to re-send what they filed and, if they have it, the PDF of the 11 Oct order.

Send the following email to the CNBC at Applications.CNBC@justice.gov.uk and CC CaseProgression.CNBC@justice.gov.uk, ParkingEye and yourself:

Subject: Claim [claim no.] – N244 issued 18/08/2025 – Missing order dated 11/10/2025 – urgent copy requested

To: Applications.CNBC@justice.gov.uk
CC: CaseProgression.CNBC@justice.gov.uk
CC: Claimant

Dear Sir or Madam,

I am the Defendant. I issued an N244 on 18 August 2025 seeking (i) set-aside under CPR 13.2 and/or 13.3 and (ii) strike-out following set-aside under CPR 7.5/3.4.

I have not received any court order. Today the Claimant emailed asserting there is a Court Order dated 11 October 2025. Please email me a PDF copy urgently.

Please also confirm:

1. The status of my application and any listed hearing or deadlines.
2. The date, method and address of service of the 11/10/2025 order, and weather service failed.
3. That enforcement is stayed pending determination of my application.
4. Whether the file remains at the CNBC or has been transferred (and if so, to which court).

I respectfully request that any time limit in the 11/10/2025 order runs from the date I first receive that order (by email today). Please also serve future orders by email and to my overseas postal address:

[Overseas address]
[Email]

Yours faithfully,

[Name]
[Claim no.]

Also send the following email to ParkingEye and CC yourself:

Subject: Claim [claim no.] – Your email re order dated 11/10/2025

Dear Sirs,

I acknowledge receipt of your email. I have not received any court order and have asked the CNBC to email me a copy of the purported order dated 11/10/2025.

For clarity, I do not accept your characterisation of service. At the time of purported service (March 2025) I was resident overseas. My application seeks a mandatory set-aside under CPR 13.2 (defective service under CPR 6.9/12.3), in the alternative CPR 13.3, and strike-out following set-aside under CPR 7.5/3.4.

Please re-send, by return, (i) the documents you say you filed/served pursuant to the order and (ii) a PDF of the 11/10/2025 order if you hold it.

Yours faithfully,

[Name]

Once a case is transferred, CNBC is no longer relevant. Service and directions are the local court’s job. If a judge/Legal Adviser made an order requiring the claimant to do X, that order must be served on all parties (CPR 40.2, PD 23A). If PE are waving an “order” you don’t have, that’s a service failure that can prejudice you.

Email the local County Court (the receiving court) now, CCing PE and yourself:

Subject: Claim [no.] – Order dated 11/10/2025 not served on Defendant – urgent re-service and confirmation requested

Dear Sir,

I am the Defendant. The claim transferred to your court on 24/09/2025. Today the Claimant emailed the court and copied me referring to a “Court Order” dated 11/10/2025. I have not been served with any such order.

Please urgently:

1. Email me the PDF of the order dated 11/10/2025 (or confirm if it is a letter/direction rather than a formal order).
2. Confirm how and when it was served and on which address/email.
3. If it was served only on the Claimant, please re-serve it on me by return and record email service for all future orders (email: [your email]) and use my overseas address for postal service: [overseas address].
4. Confirm that any deadlines in that order run from the date of service on me (today), given I was not previously served.
5. Confirm the status of my N244 filed 18/08/2025 (set-aside under CPR 13.2/13.3 and strike-out post set-aside under CPR 7.5/3.4), including any hearing date/listing.

For the avoidance of doubt: I was resident overseas at the time of purported claim service; my application is a mandatory set-aside under CPR 13.2, in the alternative 13.3. Please place this email before the judge if needed.

Yours faithfully,

[Name]
[Claim no.]
[Email]

The order is good (in your favour) but it can go either way—so be ready to argue it.

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:

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”