Here are answers to your three questions, with the minimum you need to act.
1) Is there a way to escalate when the court does not respond?Yes—use HMCTS’s service-complaint ladder (this is about admin failings, not the judge’s decision):
Write to the court’s Delivery Manager (quote claim no., all dates, and attach your proof of emails/holiday booking/helpline notes). Ask for: (a) confirmation your adjournment request was received; (b) a copy of the order made in your absence; and (c) an explanation of the service failure.
If no satisfactory reply in 10 working days, escalate to HMCTS Customer Investigations (stage-2).
After their final response, if still unresolved, you can ask your MP to refer it to the Parliamentary & Health Service Ombudsman.
Important: a complaint won’t change any court order. To fix the legal position you must apply back to the court (see Q2), but running the complaint in parallel helps you justify fee reimbursement later.
2) Do I really have to pay the set-aside fee again?Likely yes, because you now need a fresh application to undo what happened when you couldn’t attend. The usual routes on the small-claims track are:
• CPR 27.11 (set aside/relist where a party didn’t attend and judgment/order was made). You must: (i) act promptly; (ii) show a good reason for non-attendance (pre-booked holiday + timely adjournment request); and (iii) show a real prospect of success at the hearing (you have that: keying-error case with venue support).
• If the order was made after a final hearing in absence, some courts also apply CPR 39.3 (similar tests). You can plead both in the alternative.
What to file:
• N244 with a short witness statement and Draft Order (ask to set aside the order made in your absence and to relist; • ask that any judgment be set aside; ask for the application fee to be paid by HMCTS or the Claimant due to the administrative failure; and for remote attendance next time if helpful).
• Attach evidence: booking confirmation, emails to Edmonton, call-log notes, Better/GLL confirmation that no ticket was required, and your original defence merits (keying-error policy; venue authority; signage/PoFA points as applicable).
• If money is tight, submit Help with Fees (EX160). Even if you pay now, you can ask the court to order reimbursement of the second fee if your application succeeds and the court accepts that the administrative failure caused the problem.
3) Any advice for a law firm that could help?For small-claims parking work, full-service solicitors are often disproportionate. More cost-effective options:
• Direct Access barrister for a fixed-fee conference and to draft the N244, witness statement, and draft order (and, if needed, to attend the relisted hearing). [You can try
Contestor Legal (Jackson Yamba)]
• Law Centres / University law clinics / Citizens Advice for help assembling the application pack.
• Support Through Court (PSU) for practical help with forms and bundles.
If you do instruct paid help, ask specifically for:
• Experience with CPR 27.11/39.3 set-asides and relief from sanctions.
• Familiarity with private parking litigation (ParkingEye; keying-error cancellation policies; venue/landowner authority).
• A fixed fee for: (i) reviewing the file; (ii) drafting N244 + WS + Draft Order; (iii) skeleton for the set-aside hearing; (iv) optional attendance.
