Free Traffic Legal Advice

You've shown the letter that accompanied the N1SDT Claim Form which means that you received the claim unless you are saying that there was no claim form accompanying that letter. Why did you not respond to it?

Any claim issued by the incompetents at Gladstones could have been very easily defended and most likely been struck out for failing to comply with CPR 16.4(1)(a). Show us the N1SDT Claim Form with the Particulars of Claim (PoC).

You should answer these questions in order to be able to advise further.

The accompanying letter is not what should go with that form. That is the letter that would accompany the original Claim, as it clearly says so.

I suggest you immediately call the CNBC on 0300 123 1056 and state the following:

"I’ve received a default judgment from the CNBC dated 3 April 2025, but I never received the original claim form. What I did receive was a judgment pack with what looks like a misfiled letter that should have gone out with the original claim.

This looks like a clerical error by your office.

I would like to formally complain and request that the judgment be set aside without a fee.

Could you please confirm the name or title of the person I should address the letter to, and the best email address to send it to?"

Once you have received the correct person to send this to and the email address (should be [***].cnbc@justice.gov.uk), send the following with copies of the judgment and the accompanying letter to that email address and CC in yourself:

Subject: URGENT – Judgment Entered in Default Without Service – [Claim No: INSERT CLAIM NUMBER]

For the attention of the Court Manager (or whoever you are directed to)

Dear [***],

I am writing to raise a serious procedural error in respect of Claim No. [INSERT CLAIM NUMBER], brought by UK Car Park Management Ltd, for which a default judgment was issued against me on 3 April 2025.

I did not receive the original claim form and was given no opportunity to respond. The first and only paperwork I have received is the Judgment for Claimant dated 3 April 2025. This was accompanied by a letter that clearly belongs to the initial claim pack and not a judgment — strongly indicating that your office has made a clerical or postal error and sent the wrong documentation at the wrong stage.

This judgment has been entered in default due solely to a failure by the Civil National Business Centre to serve the claim correctly. This is a serious breach of due process. I did not ignore the court or the claim — I was simply never given the chance to respond because of your mistake.

I am therefore demanding that this judgment be set aside immediately, without requiring an N244 application or fee, and that your error be corrected under the court’s inherent jurisdiction or powers under CPR 3.1(7). This is entirely a matter for you to resolve.

Please confirm:

1. That the judgment has been set aside.
2. That enforcement is stayed with immediate effect.
3. That no CCJ will be registered on my credit file.

I enclose a copy of the judgment notice and the incorrectly enclosed letter I received for your internal review.

Yours faithfully,

[YOUR FULL NAME]

[YOUR ADDRESS]
[YOUR EMAIL ADDRESS]
[YOUR PHONE NUMBER]
[DATE]

Yes, given the court’s unhelpful stance and the risk of the judgment being registered, it’s now appropriate to proceed with the N244 application without delay. You’ve already tried the reasonable route — and their refusal to resolve an error of their own making strengthens your argument.

Below is a clear outline of how to complete the N244 form, referencing the procedural failure and CPR 3.1(7).

N244 – How to Complete It

Section 1: Your name

Section 2: Tick: "Defendant"

Section 3: Tick: "Without a hearing"
(You can add “or at judge’s discretion” in brackets if you like)

Section 4: Leave blank (unless you want it urgently listed)

Section 5: Tick: "The Defendant intends to apply for an order that:"

“The default judgment dated 3 April 2025 be set aside under CPR 13.2 or alternatively CPR 3.1(7), and that the Claimant do pay the costs of this application.”

Section 6: Leave blank

Section 7: Set out below:

“Because the claim form was never served and the Defendant had no knowledge of the proceedings until the judgment was received. Furthermore, the documents enclosed with the judgment show a clear administrative error by the Civil National Business Centre (CNBC), who enclosed a letter that should have accompanied the original claim. The Defendant is therefore applying for the judgment to be set aside due to failure of service or alternatively under the court’s case management powers (CPR 3.1(7)) to correct the court’s own error.”

Section 8: Tick: "Yes"

Section 9: State you're attaching a draft order

Section 10: Tick: "Yes" (for witness statement)

Section 11: Sign and date

Witness Statement

IN THE COUNTY COURT BUSINESS CENTRE

Claim No: [Claim Number]

BETWEEN:

UK Car Park Management Ltd
Claimant

- and -

[Defendant's Full Name]

Defendant

---

WITNESS STATEMENT

I, [Your Full Name], of [Your Address], state as follows:

1. I am the Defendant in this claim and make this statement in support of my application for the default judgment dated 3 April 2025 to be set aside.

2.  did not receive the original claim form and had no knowledge of the claim until I received the Judgment for Claimant (in default). The envelope contained a letter clearly intended for the claim stage, not the judgment. This indicates a serious procedural error by the Civil National Business Centre (CNBC).

3. The judgment was entered against me without my knowledge, and I was denied the opportunity to defend myself.

4. I acted promptly upon receipt of the judgment, immediately contacting the CNBC by email and phone. Despite this, they refused to escalate the matter or take action to correct their mistake.

5. I submit that the judgment should be set aside:

(i) Under CPR 13.2, because the claim was never properly served and I was not aware of the proceedings;

(ii) Or alternatively under CPR 3.1(7), as the court has the power to correct a procedural error which it is responsible for.

I respectfully request that the judgment be set aside without the usual fee, or that the Claimant be ordered to pay it, as this situation arose through no fault of mine.

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:

And the draft order that goes with it:

IN THE COUNTY COURT BUSINESS CENTRE

Claim No: [Claim Number]

BETWEEN:

UK Car Park Management Ltd
Claimant

- and -

[Defendant's Full Name]

Defendant

---

DRAFT ORDER

UPON reading the Defendant’s application dated [insert date of application] and the accompanying witness statement, and upon it appearing that the claim form was not received by the Defendant, and that a procedural error by the Civil National Business Centre (CNBC) may have contributed to the judgment being entered in default,

IT IS ORDERED THAT:

1. The default judgment entered against the Defendant on 3 April 2025 is hereby set aside.

2. The Claimant shall, within 14 days of service of this order, file and serve a copy of the claim form and particulars of claim on the Defendant.

3. The Defendant shall file and serve a defence within 14 days of service of the claim form and particulars of claim.

4. The issue fee for this application shall be reserved pending further order of the court.

Dated:

You need to send the completed N244 form, witness statement, draft order, and any supporting documents to the Civil National Business Centre (CNBC)

By email:

If you're paying by debit card (£313) – send to:

AOS.CNBC@justice.gov.uk

(make sure to say you’ll call to make payment)

You must also send a copy of everything to the Claimant’s solicitor (Gladstones). You’re applying to set aside a judgment, so they’re entitled to see the documents.

Send them:


Send it on the same day you submit it to CNBC, and keep a record of sending (email is fine). You don’t need to wait for their permission or response.