Here is what you do for tomorrow. First of all, print off three copies of this Skeleton Argument that you can give to the judge when you first talk to him/her. Make a copy for yourself and a spare, just in case the claimant does send an advocate:
IN THE COUNTY COURT AT CROYDON
Claim No: [Claim Number]
BETWEEN:
Parking Control Management (UK) Ltd
Claimant
- and -
[Defendant's Full Name]
Defendant
SKELETON ARGUMENT FOR SET ASIDE APPLICATION
1. Introduction
This is the Defendant’s application to set aside the default judgment entered in May 2023 pursuant to CPR 13.2 and, in the alternative, CPR 13.3.
The Defendant respectfully submits that the judgment must be set aside because:
• The Claimant failed to properly serve the claim form (breach of CPR 6.9).
•More than four months have passed without valid service (CPR 7.5).
• The Particulars of Claim are defective (breach of CPR 16.4).
• The Defendant acted promptly upon discovering the CCJ.
• Justice requires the Defendant be allowed to defend the claim properly.
2. Defective Service (CPR 6.9)
The Defendant did not receive the claim form.
The Claimant served the claim form to an outdated address, despite:
• Knowing that the Defendant had appealed the Parking Charge Notice (PCN) in January 2020.
• Failing to undertake reasonable steps to ascertain the Defendant’s current address, as required by CPR 6.9(3).
• Not taking sufficient steps such as a soft trace before issuing proceedings.
The judgment was wrongly entered, and set aside is mandatory under CPR 13.2.
3. Claim Has Expired Unserved (CPR 7.5)
The claim form was not properly served within four months of issue, as required by CPR 7.5.
The Claimant has not applied to extend time or to validate defective service under CPR 6.15 or CPR 6.16.
Therefore, the claim has expired and must be struck out.
4. Particulars of Claim Are Defective (CPR 16.4)
The Particulars of Claim do not disclose a concise statement of facts as required by CPR 16.4(1)(a).
The Defendant relies on persuasive appellate case law:
• Civil Enforcement Ltd v Ming Tak Chan (2023) [E7GM9W44]
• Car Park Management Services Ltd v Charles Akande (2024) [K0DP5J30]
The Particulars of Claim fail to set out sufficient detail of the alleged contract, breach, or cause of action.
5. Claimant’s Witness Evidence is Deficient
The Claimant’s witness statement has been made by a solicitor’s paralegal who has no first-hand knowledge of the events giving rise to the claim.
Under CPR 32.4(1), a witness statement must contain evidence which the maker would be permitted to give orally. The paralegal cannot properly give oral evidence about the alleged parking event, the alleged debt, or the service of the claim.
Further, Practice Direction 32, paragraph 18.2 requires a witness to distinguish between matters of their own knowledge and matters of information or belief, identifying the source of any information. The Claimant’s witness statement does not comply with this requirement.
The Defendant has no opportunity to cross-examine any person with direct knowledge of the material facts. Accordingly, it is respectfully submitted that the Court should treat the Claimant’s evidence with caution and little weight.
In any event, this hearing concerns solely the procedural issues surrounding the setting aside of the Default Judgment, not the substantive merits of the underlying claim. It would be procedurally unfair for the Claimant to attempt to plead or litigate their case at this stage before the Defendant has had the opportunity to file a Defence.
6. Claimant Has Not Rebutted the Procedural Failings
The Claimant has failed to properly rebut:
• That service was defective (CPR 6.9).
• That the claim expired unserved after four months (CPR 7.5).
• That the Particulars of Claim are fatally defective (CPR 16.4).
The Claimant’s attempt to shift responsibility onto the Defendant regarding V5C details is misconceived, as the vehicle was sold and there was no ongoing obligation.
7. Promptness
The Defendant discovered the CCJ in October 2024 and has acted promptly thereafter in applying to set it aside.
8. Relief Sought
The Defendant respectfully asks the Court to:
• Set aside the Default Judgment entered on [date of CCJ].
• Strike out the claim for failure to serve and/or expired service and/or defective Particulars of Claim.
• Alternatively, permit the Defendant to file and serve a Defence within 14 days.
• Order the Claimant to pay the Defendant’s application costs of £303.
Signed:
Date:
Follow this guide on what to bring with you and what to say:
What to bring:
• Application form (N244)
• Witness statement (bring two extra copies as spares)
• Exhibits (any evidence)
• Draft order
• Skeleton argument (3 copies. 1 for the judge, 1 for the advocate if there is one and one for you)
What to do:
• Arrive at least 30 minutes early.
• Sit on the Defendant’s side.
• When asked, say:
"Good morning, Judge. I have a skeleton argument. May I hand it to you?"
• Give one copy to the Judge, and one to the other side if they attend (if not, keep it).
What to say: Start by saying:
"This is my application to set aside the default judgment from May 2023. I was not properly served. The claim expired after four months. The particulars of claim are defective. I acted promptly when I found out."
Key points to explain:
• Service was wrong. They sent the claim to an old address. They knew I had appealed in 2020 and failed to check my current address.
• The claim is dead. More than four months passed without proper service (CPR 7.5).
• Their particulars of claim are defective and do not state a cause of action. They do not give enough detail about what they are claiming.
• Their witness is not a real witness. It’s a paralegal with no first-hand knowledge. (CPR 32.4 and PD32 18.2.)
• I acted promptly. I applied as soon as possible after finding out about the CCJ.
• This hearing is only about setting aside the CCJ. It is not a trial of the parking issue.
At the end: Say:
"Unless I can assist further, I ask the Court to set aside the judgment, strike out the claim, and order the Claimant to pay my £303 costs."
I've attached a simple A4 PDF which you can print and keep with you to use as an aide memoire:
[ Guests cannot view attachments ]
