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Good Evening All,

My acknowledgement of service was submitted on the 06/11/2024 - however, due to being really ill and having high risk pregnancy associated illnesses I've been out of action. As a result of all my health issues I have not been able to keep on top of things. I can provide proof if needed.

Now, that I have come home, I have seen a letter saying a judgement was filled against me on the 11/12/2024 by DCB Legal on behalf of their client. My defence statement was not submitted in time which is obviously what led to this. Is there anything that I can do to appeal this decision with the court? I read that I have 21days to appeal this decision but not sure how true this is.


Thank you for taking the time to get back to me.

Any help will be much appreciated.

Thank you.

The Claimant that DCB Legal are acting for is Capital Car Park Control LTD

Please see the enclosed claim form and CCJ:

https://imgur.com/a/vXuWlEY

I can confirm this is not in relation to my earlier thread. Though, this is a matter that had been appealed previously not identifying the driver. At the time, the claimant sent the letters all of which has  been kept. The claimant sent a reminder as the first notice. When an appeal was attempted via there website, it said due to the stage of life, this could not happen. Although, in the correct time frame it said due to the stage of life reached it could not be appealed. A letter was sent via tracked delivery and this was received. No response. This was escalated to stage 2 no response. After chasing this they claimed they responded via email.

In any case, they would have been out of both time frames.

They then brought it to court.

Welcome. Sorry to hear about your illness. We can help with getting this CCJ set aside. Who is the Claimant that DCB Legal is acting for?

Please show us the original claim form with the Particulars of Claim. Also, please show us the order with the CCJ. Only redact your personal details and the claim number. We need to see all dates.

READ THIS FIRST - Private Parking Charges Forum guide

If you have proof of your illness and the inability to comply with the requirements to deal with the original claim, keep that handy.

You will be applying for a set aside under CPR 13.3. Once we've seen the documents referred to above, we can put together a letter to DCB Legal to request their consent to the set aside which would be cheaper for them and you.

Before we go any further though, can you please confirm whether this is in relation to this earlier thread of yours:

UK Parking Control Limited - Small Claims Track

If it is, we'll need to get the moderator to merge the threads so that we have continuity for the case.

Claim forms are deemed served 5 working days after issue. So, it was served on Monday 21st October. An AoS submitted on 6th November was submitted 2 days after the deadline. However, as long as default judgment had not been requested before that date, it counted as having been acknowledged.

The Defendant had until 18th November to submit a defence. Default judgment was made on 11th December. Had a defence been submitted any time before the default judgment was sought, it would have stood.

Claim forms are deemed served 5 working days after issue. So, it was served on Monday 21st October. An AoS submitted on 6th November was submitted 2 days after the deadline. However, as long as default judgment had not been requested before that date, it counted as having been acknowledged.

The Defendant had until 18th November to submit a defence. Default judgment was made on 11th December. Had a defence been submitted any time before the default judgment was sought, it would have stood.

Yes, this is correct.

Can I still apply to set this aside under CPR 13.3.

It is all academic now. As long as a defence had been submitted before the default CCJ was requested, it would have been accepted.

The defence was not submitted at all. The Claimant submitted a request for judgment in default. It is all automatic with no human involvement.

What matters now is that the claimant has a CCJ against you. You must deal with it. Either pay it within 28 days of judgment and be done with it or apply to have it set-aside under CPR 13.3.

What is the "proof" you have that will evidence your inability to file the defence in time? You don't have to show us but please explain what documentation you have that can be used.

This information will be required for the N244 application and also for your WS.

N244 Application Form and Supporting Witness Statement

Claim No: [Insert Claim Number]
Name of Claimant: Capital Car Park Control Ltd
Name of Defendant: [Insert Your Name]

N244 Application Form

Section 3: What order are you asking the court to make and why?

I respectfully request that the court:


Section 4: Why are you asking for this order?


Section 5: How do you want to have this application dealt with?


Section 6: How long do you think the hearing will last?


Section 7: Give details of any fixed trial date or period


Section 8: What level of Judge does your hearing need?


Section 9: Who should be served with this application?


Section 10: What information will you be relying on, in support of your application?


The evidence includes:

---

Supporting Witness Statement

Claim No: [Insert Claim Number]
In the Civil National Business Centre
Between:
Capital Car Park Control Ltd (Claimant) and [Your Name] (Defendant)

Witness Statement of [Your Full Name]

1. I, [Your Full Name], of [Your Address], am the Defendant in this claim. I make this statement in support of my application to set aside the default judgment entered against me on 11th December 2024.

2. Acknowledgment of Service: I submitted an acknowledgment of service on 6th November 2024, indicating my intention to defend the claim. However, due to exceptional circumstances, I was unable to file my defence by the deadline.

3. Health Issues: During the relevant period, I was suffering from severe illness and complications associated with a high-risk pregnancy. These conditions severely impacted my everyday life and ability to manage my affairs. Supporting medical evidence includes:


4. Discovery of Default Judgment: I only became aware of the default judgment upon returning home on [Date] and acted promptly to address the matter by seeking legal advice and preparing this application.

5. Non-Compliance with CPR 16.4: The claimant’s particulars of claim do not comply with CPR 16.4. Specifically:


6. Defence to the Claim: I believe I have a strong defence. My draft defence highlights the claimant’s failure to comply with CPR 16.4 and the lack of evidence supporting their claim. I deny any liability and challenge the enforceability of the alleged contractual terms.

7. Request to Set Aside Judgment: I respectfully request that the court set aside the default judgment under CPR 13.3, as I was unable to act due to circumstances beyond my control and believe I have a reasonable prospect of successfully defending the claim.

8. Likelihood of Discontinuance: Based on the claimant’s and their solicitor’s pattern of bulk litigation, I believe it is highly likely that the claimant will discontinue the claim if required to provide further particulars or proceed with the case. To avoid an unfair outcome, I request that the court order the claimant to pay the defendant’s costs for this application if the claim is discontinued.

9. In the Alternative: If the court does not strike out the claim for non-compliance with CPR 16.4, I request that the claimant be ordered to provide further and better particulars of claim within 14 days and that I be permitted to file and serve a full defence within 14 days thereafter.

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:

---

Draft Order

IN THE [Insert Court Name]CLAIM NO: [Insert Claim Number]BETWEEN:[Claimant’s Name] (Claimant)AND[Your Name] (Defendant)

DRAFT ORDER

Before District Judge [Insert Name] sitting at [Insert Court Location].

UPON the Defendant’s application dated [Insert Date] and considering the evidence filed:

IT IS ORDERED THAT:


Dated: [Insert Date]