Free Traffic Legal Advice

Shouldn't matter. If you are going to SAR for all the info they hold, then you should SAR both Gladstones and NPM separately.

How did you "send" the letter to Gladstones? Did you post it with a certificate of posting or did you email it as a PDF attachment?

You were advised that if you were going to SAR them, you should SAR both Gladstones and NPM. Are you saying that Gladstones responded to your SAR but have not responded or acknowledged your consent request?

If they have responded to your SAR but not shown the consent request letter, then it is possible that they did not receive it. However, if you sent it as an email attachment, you have proof of sending and delivery (if the email did not bounce).

Before moving forward, please answer the above questions.

I suggest you now send a letter by post, with a free certificate of posting from the post office, to Gladstones. They will have 7 days to respond. If they fail to do so, then you will have to apply for a set side without consent.

[Your Name]
[Your Address]
[City, Postcode]

Date: [Insert Date]

Gladstones Solicitors
Unit B, 1st Floor
210 Cygnet Court
Warrington
WA1 1PP

BY POST WITH CERTIFICATE OF POSTING

Re: Claim No. [INSERT CLAIM NUMBER]
Defendant: [Your Name]

Dear Sir/Madam,

I write further to my email sent to you on [INSERT DATE] regarding a proposal to set aside the default judgment in the above matter by mutual consent.

Delivery Receipt of Email

The email was sent to your official address at enquiries@gladstonessolicitors.co.uk and was not bounced. According to the email headers meta-data, the message was successfully delivered. However, I have not received a substantive response to my proposal or even an acknowledgement of receipt.

SAR Response Omission
Further, I note that the Subject Access Request (SAR) response you provided failed to include any reference to my email or the attached letter. This raises concerns about the accuracy and completeness of your response and your potential failure to acknowledge correspondence that has been properly delivered.

Next Steps
In the interests of resolving this matter efficiently and proportionately, I am giving you a final opportunity to confirm receipt of my original email and to provide a substantive response to my proposal to set aside the judgment by consent.

I am prepared to proceed by way of mutual consent and cover the application fee of £119 to submit the Consent Order to the court. This would avoid unnecessary costs and court time for both parties. However, should I not receive a response to this letter within 7 days of service, I will proceed with an N244 application for a contested set-aside.

Should you continue to deny receipt of my original email, I will place this letter, my original email, and the delivery receipt/header meta-data before the court as evidence of my attempts to resolve the matter reasonably.

Overriding Objective
I respectfully remind you of your obligation to assist the court in achieving the overriding objective of the Civil Procedure Rules: to deal with cases justly, efficiently, and at proportionate cost. A consent order remains the most equitable and efficient resolution in this case.

I look forward to your response.

Yours faithfully,

[Your Name]

Enc. Copy of original letter as sent by email

Make sure you include a copy of the original letter. I suggest you date the letter and post it on the same day. You will have to take it to a post office and get a free Certificate of Posting. According to the Interpretation Act, a First Class letter posted is deemed served two working days later.

In which case you will have to make the application yourself. Here is a link to a partially completed N244 application for your specific case:

N244 application

You will need to complete your personal details and the claim number and you sign by typing your full name for the signature.

Here is the Witness Statement which should be saved as a PDF file.

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

National Parking Management Ltd
Claimant

- and -

[Defendant's Full Name]

Defendant

---

WITNESS STATEMENT

I, [DEFENDANT'S NAME], of [ADDRESS], state as follows:

1. I am the Defendant in this matter. This witness statement is in support of my application to set aside the default judgment entered against me on [DATE] pursuant to CPR 13.3(1).

2. The default judgment was entered due to an honest procedural mistake on my part, and I have a real prospect of successfully defending the claim, which is fundamentally defective and should be struck out.

Background

3. I first became aware of the judgment when I received a letter from HM Courts & Tribunals Service dated [DATE] notifying me of the default judgment.

4. The claim form was correctly delivered, and I submitted an Acknowledgment of Service (AoS) within the prescribed timeframe. However, my defence was not submitted due to:

a) A technical email issue which resulted in the defence not being sent;

b) A misunderstanding regarding the defence form in the claim pack, as I mistakenly believed it was only to be used for counterclaims.

5. Upon learning of the judgment, I acted promptly by contacting the Claimant’s solicitors, Gladstones, requesting a consent order to set aside the judgment. I offered to cover the £119 consent application fee.

6. Despite multiple attempts to engage with the Claimant’s solicitors, they have ignored my requests, forcing me to file this contested application at an increased cost of £303.

The Claim Fails to Comply with CPR 16.4(1)(a) and Should be Struck Out

7. I have a real prospect of successfully defending this claim, but more importantly, the claim fails to comply with CPR 16.4(1)(a) and should be struck out under CPR 3.4(2)(a) because it does not disclose reasonable grounds for bringing a claim.

8. The Particulars of Claim (PoC) contained within the N1SDT claim form are defective and fail to meet the standard required under CPR 16.4(1)(a). A copy of the N1SDT claim form is attached as Exhibit [INITIALS]-01, which clearly demonstrates:

a) No contractual terms are identified or attached, as required under CPR PD 16(7.5).

b) The PoC do not specify which clause(s) of the alleged contract have been breached.

c) The PoC fail to provide a clear factual basis for the alleged breach (e.g., the exact nature of the alleged contravention).

d) The sum claimed is not explained, and no legal basis is provided for additional charges beyond the parking charge itself.

e) The PoC do not clarify whether I am pursued as the driver or as the registered keeper.

9. The PoC within the N1SDT form fail to contain a concise statement of facts, as required by CPR 16.4(1)(a), and as a result, the claim is vague, inadequate and defective. It does not particularise the cause of action, preventing the Defendant from preparing a meaningful response.

10. The courts have previously struck out identical claims for failing to comply with CPR 16.4(1)(a). I rely on the following persuasive appellate authorities:

CEL v Chan 2023 [E7GM9W44] – The court struck out the claim for failing to provide a concise statement of facts as required by CPR 16.4(1)(a).

CPMS v Akande 2024 [K0DP5J30] – The court struck out a similarly vague claim, ruling that a claimant cannot rely on generic, template-style pleadings without properly particularising the alleged breach.

11. Copies of these judgments are attached as Exhibit [INITIALS]-02 and Exhibit [INITIALS]-03.

12. Furthermore, in a similar case, a district judge struck out a claim of their own initiative due to identical defects. The judge ruled that:

• The claim lacked legal and factual specificity.

• It would be disproportionate and contrary to the overriding objective to allow amendments.

13. A copy of the draft order from that case is attached as Exhibit [INITIALS]-04

Claimant’s Unreasonable Conduct & Costs Request

14. I acted promptly in seeking to set aside the judgment and engaged in good faith negotiations with the Claimant’s solicitors, who refused to engage.

15. I attempted to resolve this amicably by:

• Sending an email to Gladstones solicitors on [DATE] requesting a consent order and offering to cover the £119 application fee.

• Following up via first class post with proof of posting on [DATE].

16. Despite these efforts, Gladstones failed to even acknowledge, never mind respond, leaving me no choice but to file a contested application at an increased cost of £303.

17. Under CPR 27.14(2)(g), the Claimant’s failure to engage in settlement discussions is unreasonable conduct that justifies a costs order in my favour.

18. Additionally, under CPR 38.6(1), if the Claimant discontinues the claim post-set-aside, costs should follow the event, meaning I should be compensated for the costs incurred in this unnecessary application.

Request for Relief

19. In light of the above, I respectfully request that the Court:

a) Set aside the default judgment pursuant to CPR 13.3(1).

b) Strike out the claim under CPR 3.4(2)(a) for failing to disclose reasonable grounds for bringing a claim.

c) Order the Claimant to pay my costs, summarily assessed at £303, due to their unreasonable conduct in refusing to engage in settlement discussions.

STATEMENT OF TRUTH

I believe that the facts stated in this Defence 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:


Dated:

Here is the draft order which should be saved in an MS Word (.docx or .doc) format:

IN THE COUNTY COURT[/center]

Claim No: [Claim Number]

BETWEEN:

National Parking Management Ltd
Claimant

- and -

[Defendant's Full Name]

Defendant

---

DRAFT ORDER

UPON the Court considering the Defendant’s application dated [DATE] to set aside the default judgment entered against them on 10th December 2024;

AND UPON considering the Defendant’s witness statement and supporting evidence;

AND UPON it appearing that:

a) The Defendant acted promptly upon learning of the default judgment and has a real prospect of successfully defending the claim, pursuant to CPR 13.3(1);

b) The Claimant’s Particulars of Claim as set out in the N1SDT claim form are defective and fail to comply with CPR 16.4(1)(a) and CPR PD 16(7.5), in that they do not contain a concise statement of facts, do not specify the exact contractual terms allegedly breached, and do not provide the factual basis for the amount claimed;

c) The Claim is therefore vague, lacking in specificity, and does not disclose reasonable grounds for bringing a claim, pursuant to CPR 3.4(2)(a);

IT IS ORDERED THAT:

1. The default judgment entered on [DATE] is set aside pursuant to CPR 13.3(1).

2. The claim is struck out in its entirety pursuant to CPR 3.4(2)(a) on the basis that it fails to disclose reasonable grounds for bringing a claim due to non-compliance with CPR 16.4(1)(a) and CPR PD 16(7.5).

3. The Claimant shall pay the Defendant’s costs of this application, summarily assessed at £303, due to:

a) The Claimant’s failure to engage in discussions to resolve this matter via consent, which necessitated this contested application; and

b) The Claimant’s issue of defective Particulars of Claim, which resulted in an unmeritorious default judgment being entered.

Dated:

Here is a link to the Chan, Akande transcripts and draft strikeout order exhibits which need to be saved with their own court header information and marked with the relevant reference in the WS to the exhibits with your initials (eg. XX-01, XX-02 etc.).

Draft Order for the defence

CEL v Chan Transcript

CPMS v Akande Transcript

Make sure you also include a copy of the N1SDT Claim Form with the defective PoC as an exhibit too and reference it accordingly in the WS and on the header.

When you have made the necessary edits and saved everything, the application form, the WS, and the exhibits should all be saved as a single PDF file. The draft order (not the evidential one for the defence) should be saved as a MS Word (.docx or .doc format) file. You then need to attach the PDF film and the Word files to an email which you send to:

applications.cnbc@justice.gov.uk and CC in yourself.

Make sure that the claim number is in the subject field of the covering email and in the body of the email state:

"Please contact me at [phone number] to take payment for the N244 application fee by card" and also include a very short explanation about what is attached, mentioning that it is an N244 application for a set aside.

That should cover it unless anyone else has any observations.

Why have you waited for over two weeks to send off the application? You may be required to justify the delay. You absolutely must not delay making an application for a set aside!!!! What is your excuse?

Gladstones have now responded, albeit 9 weeks later. They are saying that they will only agree to a consented set-aside if you pay them the judgment amount AND you cover the application fee of £119, which is about £450. Your choice.

If you go for what I suggested over two weeks ago, you have a chance of having the CCJ set-aside and the original claim struck out, which a chance that you will be awarded your costs.

I really cannot be wasting my time if you arbitrarily delay doing what has been advised and now the landscape has changed.

Additionally, I have no idea what they are referring to about the outstanding £170 you are allegedly in debt to them for. Do you have another outstanding PCN? I suggest you show us the full letter and not just your paraphrasing of it is we are to properly assist.

Hi b789,
What would be the name of the court - is it my local court or the Northampton one?
Thanks

Thank you b789.
Question regarding the n244 - am I putting my name in the claimant section? I ask, because you put NPMs details on the defendants text field and for question 2, ticked I am the defendant. Is that correct?