Hi all,
Some time ago I submitted a defence in response to a private parking ticket that had reached the claim stage. Somehow my defence was missed by the court and hence the court entered a judgment against me. I emailed CNBC proving that I had indeed filed a defence and recently I received a letter confirming they they have set the judgment aside due to their failure to process my defence.
The exact contents of the letter are as below:
On 7th April 2025
His Honour Judge XXX sitting at the Civil National Business Centre considered the file and made directions
Upon the Defendant having filed a Response but the Court Office not processing it;
Upon the Court entering Judgment on 22nd January 2025
IT IS ORDERED:
1) The Judgment be set aside because the Defendant had filed a Response prior to the Court entering Judgment
2) Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order.
REASONS
The Judgment was entered at a time when the Defendant had filed a Response.
The Judgment is therefore irregular and must be set aside
Point 2) is slightly confusing as it seems to suggest I (as one of the parties) have to apply to have the judgment set aside, but doesn't this contradicts point 1) which confirms the judgment is set aside already?
What, if anything, do I need to do next? As mentioned, I have already submitted a defence so surely the next action is on the claimant?
Thanks,
The judgment has already been set aside by the court under Point 1 of the order. The confusing part—Point 2—is standard procedural wording used in orders made without a hearing. It gives both parties the opportunity to challenge the set-aside order itself, not the underlying judgment. In other words:
• Point 1 confirms that the default judgment is already set aside because it was irregular (entered when a defence had in fact been filed).
• Point 2 gives either party seven days to challenge this order if they disagree with it (e.g., the Claimant might argue the defence wasn't filed in time, or wasn't properly served, etc.). It does not mean you need to apply to set aside the judgment—it has already been done.
Since your defence is already on file:
• No further action is needed from you right now, unless the Claimant makes an application to vary or overturn this order (which is unlikely unless they think they can prove you didn't serve your defence).
• The case will now continue as normal. The Claimant may:
• Choose to discontinue the claim.
• Proceed to the next stage, which is typically the Directions Questionnaire (DQ), unless already filed.
• Possibly seek further directions or respond to your defence.
You should monitor your post and email carefully over the next few weeks for:
• A Directions Questionnaire from the court, or
• Any communication from the Claimant.
If you want any further advice then please tell who the claimant is, who is representing them (DCB Legal?), show us the Particulars of Claim (PoC) and show us the defence you submitted.
READ THIS FIRST - Private Parking Charges Forum guide
The judgment has already been set aside by the court under Point 1 of the order. The confusing part—Point 2—is standard procedural wording used in orders made without a hearing. It gives both parties the opportunity to challenge the set-aside order itself, not the underlying judgment. In other words:
• Point 1 confirms that the default judgment is already set aside because it was irregular (entered when a defence had in fact been filed).
• Point 2 gives either party seven days to challenge this order if they disagree with it (e.g., the Claimant might argue the defence wasn't filed in time, or wasn't properly served, etc.). It does not mean you need to apply to set aside the judgment—it has already been done.
Since your defence is already on file:
• No further action is needed from you right now, unless the Claimant makes an application to vary or overturn this order (which is unlikely unless they think they can prove you didn't serve your defence).
• The case will now continue as normal. The Claimant may:
• Choose to discontinue the claim.
• Proceed to the next stage, which is typically the Directions Questionnaire (DQ), unless already filed.
• Possibly seek further directions or respond to your defence.
You should monitor your post and email carefully over the next few weeks for:
• A Directions Questionnaire from the court, or
• Any communication from the Claimant.
If you want any further advice then please tell who the claimant is, who is representing them (DCB Legal?), show us the Particulars of Claim (PoC) and show us the defence you submitted.
READ THIS FIRST - Private Parking Charges Forum guide
Hi,
Just going back to this. So the claimant decided to proceed with the claim. I sent across the DQ in early June and we had a mediation appointment (not settled) in July. So I was awaiting a potential court date but today I got a letter stating the below:
Before Recorder X sitting at the County Court at Y.
UPON reading the Claim and Defence
AND UPON the Court noting that the Defence:
It is a paste from the internet that does not address the issues that have might arise on the facts alleged and
Does not comply with CPR 16.5.
IT IS ORDERED THAT
That the Defence be stuck out and there be judgment for the Claimant inclusive of interest and costs in the total sum of £666.56.
So I have beaten a few private parking tickets using advice from this forum but this is the first time the judge has acted in favour of the claimant before an actual court date? More interestingly, their rationale for the judgement is that my defence is a copy and paste from the internet?
My defence is
here. For further context, I received this claim initially in Summer 2024 and I have been back and forth on this since (including court setting judgement aside, me resubmitting defence, them making judgement against me, setting it aside again after realising I had submitted a defence etc until the current point). As it is 1.5 years since receiving the claim form, I stupidly don't have the original claim form to hand anymore..
Without seeing the particulars of claim, it's hard to offer any opinion on the suggestion that the defence fails to comply with 16.5 of the CPR. That said, in my view, one of the problems with the MoneySavingExpert template defence (which appears to be what you used) is that parts of it read more like a polemic against the parking industry as a whole, rather than a specific response to the claim in hand.
Without seeing the PoC, the actual defence or any other correspondence about this, it is almost impossible to advise further. However, that wording in the judgment order sounds like the claimant submitted it for the judge to decide on.
It is unusual for this kind of decision and it may be appealable. I would suggest you get some proper legal advice on this. I recommend you try and make contact with Jackson Yamba at
Contestor Legal. He is an expert in this field and has represented the winning side in many of the persuasive appellate cases we refer to.
I have no connection to this firm other than knowing about the success of Jackson Yamba.
If you are considering any sort of appeal (if indeed one is possible) then I would also agree that you should seek professional advice.
As we have not seen the PoC or the defence submitted, it is not possible to provide precise advice. If you can show is the PoC and the defence submitted (I am assuming it is not the defence we advise in here), it may be possible to advise on your best plan of action.
Did you or the claimant ever submit Witness Statement? If not, then you have two options if you're not happy with the decision made by the Recorder: you can either apply to set aside the judgment or you can appeal it. Here's what each option means and how they differ.
Option 1: Apply to Set Aside the Judgment
This means asking the court to cancel the judgment and reopen the case. You would use a form called an N244 and explain why the judgment was unfair or incorrect. In your case, you could argue that the claim was not properly pleaded, no evidence was served, and the defence was struck out without a hearing. You would also need to attach a new defence that responds to the claim in more detail. This route is useful if you want to fix the defence and give the court a chance to reconsider the case from the start.
Option 2: Appeal the Judgment
This means asking a higher judge to look at the Recorder’s decision and decide if it was legally wrong. You would apply using a form N164 and explain why the Recorder made a mistake in law or procedure. For example, you could argue that the Recorder ignored the claimant’s failure to comply with court rules, struck out the defence unfairly, and entered judgment without proper process. This route is about challenging the decision itself, not fixing the defence.
Which is better?
If you believe the Recorder made a serious legal error and the judgment itself was wrong, an appeal is the stronger option. If you think the court didn’t have all the facts, or you want to submit a better defence, then a set-aside is more flexible.
In your case, if the claim was poorly pleaded and no evidence was exchanged, and the defence was struck out without a hearing, you may have solid grounds for appeal. But if you want to revise your defence and restart the process, a set-aside might be quicker and more practical.
@b789 - the defence can be seen in a link in reply 2 - it's one of the MSE templates by the looks of it.
As we have not seen the PoC or the defence submitted, it is not possible to provide precise advice. If you can show is the PoC and the defence submitted (I am assuming it is not the defence we advise in here), it may be possible to advise on your best plan of action.
Did you or the claimant ever submit Witness Statement? If not, then you have two options if you're not happy with the decision made by the Recorder: you can either apply to set aside the judgment or you can appeal it. Here's what each option means and how they differ.
Option 1: Apply to Set Aside the Judgment
This means asking the court to cancel the judgment and reopen the case. You would use a form called an N244 and explain why the judgment was unfair or incorrect. In your case, you could argue that the claim was not properly pleaded, no evidence was served, and the defence was struck out without a hearing. You would also need to attach a new defence that responds to the claim in more detail. This route is useful if you want to fix the defence and give the court a chance to reconsider the case from the start.
Option 2: Appeal the Judgment
This means asking a higher judge to look at the Recorder’s decision and decide if it was legally wrong. You would apply using a form N164 and explain why the Recorder made a mistake in law or procedure. For example, you could argue that the Recorder ignored the claimant’s failure to comply with court rules, struck out the defence unfairly, and entered judgment without proper process. This route is about challenging the decision itself, not fixing the defence.
Which is better?
If you believe the Recorder made a serious legal error and the judgment itself was wrong, an appeal is the stronger option. If you think the court didn’t have all the facts, or you want to submit a better defence, then a set-aside is more flexible.
In your case, if the claim was poorly pleaded and no evidence was exchanged, and the defence was struck out without a hearing, you may have solid grounds for appeal. But if you want to revise your defence and restart the process, a set-aside might be quicker and more practical.
Hi,
Thanks for the advice. Please see my defence here:
here I have not submitted a witness statement yet.
This has been ongoing since Summer 2024. The court first entered a judgement against me in error then set it aside in September 2024. I then submitted my defence but they missed this somehow and entered judgement against me (again) in February 2025. I proved to them that I did submit my defence prior to this so they once again set it aside in May 2025. All this confusion may have played a part in this outcome.
Can you share the particulars of claim that your defence was responding to? Without them we are to a certain extent providing advice blind.
Please read the questions asked and answer them. If you insist on only providing part answers, you are just wasting our time.
@DWMB2 already pointed me to the defence you submitted, which appears to be the generic one from MSE forum. As you included the Chan and Akande transcripts, I am assuming that the PoC failed to state a cause of action.
Who is the claimants representative bulk litigator?
However, more importantly, you have not answered the question about the PoC. Also, you have not said whether the claimant submitted a WS.
Please read the questions asked and answer them. If you insist on only providing part answers, you are just wasting our time.
@DWMB2 already pointed me to the defence you submitted, which appears to be the generic one from MSE forum. As you included the Chan and Akande transcripts, I am assuming that the PoC failed to state a cause of action.
Who is the claimants representative bulk litigator?
However, more importantly, you have not answered the question about the PoC. Also, you have not said whether the claimant submitted a WS.
The bulk litigator is DCB Legal. I don't have the physical PoC letter anymore. I assume it is on MCOL Online but don't currently have access to this as my Gateway account is associated with an old phone number. I have contacted gov.uk to reset this (they will reply within next 3 days) and should be able to gain access to MCOL Online then. The claimant has not (to my knowledge submitted a WS) and neither have I been asked to. I will update on here once I hopefully get access to the PoC letter on MCOL online.
Still too vague. If the claimant submitted a WS, they were obliged to send a copy to you. You either received one or you didn't.
The same goes for the PoC. They are on the N1SDT Claim Form you received after the LoC. Why would you not keep and file all this important legal documentation?
Still too vague. If the claimant submitted a WS, they were obliged to send a copy to you. You either received one or you didn't.
The same goes for the PoC. They are on the N1SDT Claim Form you received after the LoC. Why would you not keep and file all this important legal documentation?
After I received an email in September 2024 stating that "judgement has been set aside" and after not hearing any further updates for the next 3 months after this, I wrongly interpreted this to mean the case was closed. So I didn't file the documentation as I should have. Error on my part.
I am not too sure how reliable Government Gateway support team is in terms of the turn around time they gave to respond to me so not sure how quickly I will regain access to my account. CNBC take weeks/months to respond to emails.
Is there another way I can get the Claim Form so I can post on here for further advice?
Phone the CNBC first thing on Monday morning, preferably about 8:30am in order to avoid a long wait. You will have to give them the claim number, and tell them you need them to email you the PoC while you wait and do not leave the call until you have received the PoC by email in your in-box.
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