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#Post#: 45556--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: b789 Date: November 14, 2024, 4:14 am
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OK. Their deadline has passed. I need time to just try and
clarify a few points regarding dates.
The parking event was 23rd March 2019. You updated your V5C on
3rd May 2019. The CCJ was issued on 15th June 2021.
Do you remember or have any evidence of the actual date you
moved to the new address? Do you remember ever receiving the
actual PCN at your old address?
You are going to have to apply for the set aside yourself, with
our assistance. It is going to cost £303 but you will be able to
claim that back from the claimant, Civil Enforcement. You did
give them the opportunity to make an uncontested application
themselves at a cost to them of only £119.
With an event date of 23rd March 2019 and a V5C update on 3rd
May 2019, it is fairly obvious that the PCN went to an old
address and it is certain that the claim documents went to an
old address. This will be a mandatory set aside and as it is
more than 4 months since the claim was issued, it cannot be
re-served.
For now, please answer the question about the date you actually
moved.
#Post#: 45636--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: concoj Date: November 14, 2024, 12:40 pm
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31 august 2018
#Post#: 46505--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: concoj Date: November 21, 2024, 9:10 am
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Did I answer your question b789?
Please advise
Many thanks
#Post#: 46540--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: b789 Date: November 21, 2024, 1:08 pm
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Here is a WS and draft order you can send with your N244
application for the set aside. Please read it carefully and
either insert or correct any dates and other details, where
required:
[quote]
[center]IN THE COUNTY COURT[/center]
[right]Claim No: [Claim Number][/right]
[center]BETWEEN:
Civil Enforcement Ltd
Claimant
- and -
[Defendant's Full Name]

Defendant
[hr]
WITNESS STATEMENT[/center]
1. I am the Defendant in this matter, and I make this witness
statement in support of my application to set aside the County
Court Judgment (CCJ) entered against me on 15th June 2021 in
default due to defective service of the claim form. I also seek
an order striking out the claim due to the Claimant’s failure to
comply with CPR 16.4 and other procedural irregularities.
2. I confirm that the matters set out in this witness statement
are within my personal knowledge, except where indicated
otherwise, and are true to the best of my knowledge and belief.
3. I was not aware of the claim made against me until I received
a letter from the Claimant dated 13th October 2024, informing me
that a default judgment had been obtained against me for an
alleged parking contravention on 23rd March 2019. A copy of this
letter is attached as Exhibit XX-01.
4. On 24th October 2024, I wrote to the Claimant outlining the
procedural errors in their claim and inviting them to join me in
a joint application to set aside the judgment. In my letter, I
explained that the claim form had been sent to an old address at
which I no longer resided and that I had not received any
pre-claim correspondence, claim form, or particulars of claim. A
copy of this letter is attached as Exhibit XX-02.
5. Despite being given a reasonable period to respond and
correct their procedural failings, the Claimant failed to reply
to my letter. This forced me to proceed unilaterally with this
application at my own expense. The Claimant’s refusal to engage
constructively or address their procedural errors amounts to
unreasonable behaviour.
6. I made it clear in my letter that the Claimant’s breach of
CPR 6.9(3) and the British Parking Association (BPA) Code of
Practice had deprived me of the opportunity to defend the claim.
Their inaction in response to my letter has further compounded
this injustice.
7. The Claimant’s failure to act reasonably or to respond to my
legitimate concerns supports the assertion that their behaviour
has been wholly unreasonable. As such, I respectfully request
that this be considered when the court addresses the question of
costs.
8. The Claim Form was not served within its four-month validity
period as required by CPR 7.5. In consequence, the court had,
and continues to have, no jurisdiction over the claim, which has
expired and cannot now be re-served. I refer the court to the
authority of Vinos v Marks & Spencer plc [2001] 3 All ER 784,
attached as Exhibit XX-03, which establishes that a claim form
not served within four months cannot be retrospectively
validated.
9. CPR 12.3(1) states that a claimant may obtain judgment in
default only if, at the date on which judgment is entered, (a)
the defendant has not filed an acknowledgment of service or a
defence, and (b) the relevant time for doing so has expired.
Since the claim form was not validly served due to the
Claimant’s failure to check for a current address (CPR 6.9(3)),
the time limit for acknowledgment of service has not started and
thus cannot have expired. Consequently, the default judgment was
improperly entered.
10. As stated in Dubai Financial Group Llc v National Private
Air Transport Services Company (National Air Services) Ltd
[2016] EWCA Civ 71, attached as Exhibit XX-04, where the time
for acknowledgment of service has not expired, any default
judgment entered must be set aside pursuant to CPR 13.2. The
judgment against me meets this criterion and must therefore be
set aside as of right.
11. The inadequacy of the Particulars of Claim (PoC), attached
as exhibit XX-05 further invalidates the claim. The PoC fail to
comply with CPR 16.4, which requires a concise statement of
facts, details of the alleged breach, and an explanation of how
the amount claimed was calculated.
12. A recent persuasive appeal judgment in Civil Enforcement
Limited v Chan (2023) [E7GM9W44], attached as Exhibit XX-06,
would indicate the PoC fails to comply with Civil Procedure Rule
16.4 and Practice Direction Part 16. On the 15th August 2023, in
the cited case, HHJ Murch held that 'the particulars of the
claim as filed and served did not set out the conduct which
amounted to the breach in reliance upon which the claimant would
be able to bring a claim for breach of contract'. The same is
true in this case and in view of the Chan judgment, the Court
should strike out the claim, using its powers pursuant to CPR
3.4
13. Such deficiencies were also highlighted in the persuasive
appellate decision of CPMS v Akande (2024) [K0DP5J30], attached
as Exhibit XX-07, where similarly vague PoC were found to be
defective and resulted in claims being struck out.
14. The overriding objective of the Civil Procedure Rules, as
emphasised in VCS v Carr (CA-2024-001179), attached as Exhibit
XX-08, is to deal with cases justly. In that case, the Court of
Appeal underscored that CPR 13.3 is intended to avoid injustice.
Even where there is a delay in applying to set aside a default
judgment, the overriding objective remains paramount.
15. In VCS v Carr, the court stressed that a holistic evaluation
of all the circumstances is required to deal justly with the
case. The court must consider whether the defendant had any real
opportunity to advance a defence. In my case, I had no
opportunity to respond to the claim or defend it, as I was not
served with the claim form. As stated in VCS v Carr, a defendant
cannot be criticised for failing to respond to a claim form that
they never received.
16. Furthermore, in VCS v Carr, the Court of Appeal highlighted
that the justice of the case requires consideration of whether a
claimant would be unjustly enriched by a judgment to which they
were not entitled. In my case, allowing this judgment to stand
would unjustly enrich the Claimant at my expense.
17. The Claimant’s failure to comply with CPR 16.4 and CPR 6.9,
combined with their attempt to rely on an expired claim form,
has deprived me of the opportunity to properly defend myself. As
stated in VCS v Carr, the court must consider all the
circumstances holistically, including the fact that I had no
knowledge of the claim and no opportunity to contest it before
the default judgment was entered.
18. I acted promptly upon learning of the default judgment. I
became aware of the judgment on 24th October 2024 and
immediately contacted the Civil National Business Centre and the
Claimant to obtain further details. When the Claimant failed to
respond, I prepared and filed this application.
19. I believe I have a strong defence to this claim, as follows:
[indent]a. The signage at the location of the alleged parking
event was unclear and insufficient to form a valid contractual
agreement.
b. The charges claimed are disproportionate and amount to an
unenforceable penalty.
c. The Claimant has not demonstrated their legal right to pursue
these charges or their compliance with the Protection of
Freedoms Act 2012.[/indent]
20. In light of the procedural breaches, the defective service
of the claim form, the inadequacy of the PoC, and the fact that
the claim is now time-barred, I respectfully request that the
court:
[indent]a. Set aside the default judgment under CPR 13.2 or,
alternatively, CPR 13.3;
b. Strike out the claim under CPR 3.4(2) due to the Claimant’s
non-compliance with CPR 16.4 and CPR 7.5;
c. Award me my costs of this application on an indemnity
basis.[/indent]
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:[/quote]
Here is the table of contents for the WS, exhibits and draft
order:
[quote]IN THE COUNTY COURT[/center]
[right]Claim No: [Claim Number][/right]
[center]BETWEEN:
Civil Enforcement Ltd

Claimant
- and -
[Defendant's Full Name]

Defendant
[hr]
TABLE OF CONTENTS[/center]
1. Witness Statement of [Your Full Name]
2. List of Exhibits:
[indent]Exhibit XX-01: Letter from the Claimant dated 13th
October 2024, informing the Defendant of the default judgment.
Exhibit XX-02: Evidence of the Defendant’s address change,
including [e.g., tenancy agreement, utility bills].
Exhibit XX-03: Case authority: Vinos v Marks & Spencer plc
[2001] 3 All ER 784.
Exhibit XX-04: Case authority: Dubai Financial Group Llc v
National Private Air Transport Services Company (National Air
Services) Ltd [2016] EWCA Civ 71.
Exhibit XX-05: Particulars of Claim (PoC)
Exhibit XX-06: Case authority: Civil Enforcement Ltd v Chan
[2023] E7GM9W44.
Exhibit XX-07: Case authority: CPMS v Akande [2024] K0DP5J30.
Exhibit XX-08: Case authority: VCS v Carr
(CA-2024-001179).[/indent]
3. Draft Order[/quote]
Here is the Draft Order:
[quote]IN THE COUNTY COURT[/center]
[right]Claim No: [Claim Number][/right]
[center]BETWEEN:
Civil Enforcement Ltd
Claimant
- and -
[Defendant's Full Name]

Defendant
[hr]
DRAFT ORDER[/center]
UPON hearing the Defendant’s application to set aside the
default judgment entered on [date of judgment];
AND UPON the court finding that:
[indent]1. The claim form was not validly served in accordance
with CPR 6.9;
2. The Claimant failed to comply with CPR 7.5 by not serving the
claim form within four months of issue;
3. The Particulars of Claim fail to comply with CPR 16.4(1)(a)
by not providing a concise statement of facts sufficient to
enable the Defendant to prepare a defence;[/indent]
AND UPON the court considering the overriding objective of
dealing with cases justly, as set out in CPR 1.1;
IT IS ORDERED THAT:
1. The default judgment entered against the Defendant on [date
of judgment] is set aside pursuant to CPR 13.2 and/or CPR 13.3.
2. The claim is struck out pursuant to CPR 3.4(2)(a) and (c) on
the grounds that:
[indent]a. The Claimant failed to comply with CPR 7.5, and the
claim form has expired unserved;
b. The Particulars of Claim are defective and fail to disclose a
reasonable cause of action or provide sufficient particulars in
accordance with CPR 16.4.[/indent]
3. The Claimant shall pay the Defendant’s costs of this
application, summarily assessed in the sum of £303, pursuant to
CPR 13.2 and/or CPR 13.3.
4. The costs shall be paid on an indemnity basis due to the
Claimant’s unreasonable behaviour, including but not limited to:
[indent]a. Failing to take reasonable steps to serve the claim
form at the Defendant’s correct address, in breach of CPR 6.9(3)
and the British Parking Association (BPA) Code of Practice;
b. Issuing a claim with inadequate Particulars of Claim, in
breach of CPR 16.4(1)(a), making the claim defective;
c. Failing to serve the claim form within the four-month period
required by CPR 7.5, rendering the claim expired and unservable;
d. Ignoring the Defendant’s letter dated 24th October 2024,
which invited a joint application to resolve the matter
reasonably and avoid unnecessary costs;
e. Forcing the Defendant to incur additional expense by
proceeding unilaterally to remedy the Claimant’s procedural
errors.[/indent]
5. Any record of the judgment entered on 15th June 2021 shall be
removed from the Register of Judgments, Orders, and Fines
forthwith.
Dated:[/quote]
Here are links to the various exhibits except the ones you have
to provide such as your proof of when you moved and a copy of
the letter you sent to CEL advising them of the reason for
requesting a set aside:
Exhibit XX-01: Letter from the Claimant dated 13th October 2024,
informing the Defendant of the default judgment.
Exhibit XX-02: Evidence of the Defendant’s address change,
including [e.g., tenancy agreement, utility bills].
Exhibit XX-03: Case authority: Vinos v Marks & Spencer plc
[2001] 3 All ER 784.
HTML https://www.dropbox.com/scl/fi/hqpuag1gmc4kkv1lrxptr/Vinos-v-Marks-Spencer-plc-2001-3-All-ER-784.pdf?rlkey=h78c70k2dr1amjozt7uimaej4&st=81v0i5gt&dl=0
Exhibit XX-04: Case authority: Dubai Financial Group Llc v
National Private Air Transport Services Company (National Air
Services) Ltd [2016] EWCA Civ 71.
HTML https://www.dropbox.com/scl/fi/pvqcjdt1r97m8fdw3w8c8/Dubai-FSG-v-National-Air-Services.pdf?rlkey=k1xtbc23zhuoc9k7n1yi7o2ky&st=vnt47g13&dl=0
Exhibit XX-05: Particulars of Claim (PoC)
Exhibit XX-06: Case authority: Civil Enforcement Ltd v Chan
[2023] E7GM9W44.
HTML https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=2akbig4d&dl=0
Exhibit XX-07: Case authority: CPMS v Akande [2024] K0DP5J30.
HTML https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=couazzx3&dl=0
Exhibit XX-08: Case authority: VCS v Carr (CA-2024-001179).
HTML https://www.dropbox.com/scl/fi/ob8hw1062bdaiw8ine4u8/VCS-v-Carr.pdf?rlkey=m33wuz8wjogdz13mbisu69ziy&st=jfwhl1ea&dl=0
#Post#: 59707--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: concoj Date: February 25, 2025, 6:34 pm
---------------------------------------------------------
hi b789,
it's been a while... finally got post today. Strange thing is
that day on the letter is 12 February 2025 and the envelop
doesn't have a stamp.
However the day of the hearing i'll be abroad
Please advise how to proceeded
[attachment deleted by admin]
#Post#: 59722--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: b789 Date: February 26, 2025, 3:19 am
---------------------------------------------------------
Call the court immediately and explain that you cannot attend
due to pre-arranged travel. Politely request that the hearing be
vacated and relisted for a later date.
Ask whether the court will allow an informal written request
instead of a formal N244 application. Because the hearing has
taken so long to be set, you can argue that it would be unjust
to require an N244 application when the delay was outside your
control. Some courts may allow an adjournment on judicial
discretion without requiring a formal application.
Alternatively, if you will have access to a reliable internet
connection while abroad, you could ask the court to attend
remotely via telephone or video rather than adjourning. Some
courts permit remote attendance, especially if it avoids the
need for an adjournment.
I think this claim was made directly by Civil Enforcement and
not through a solicitor. If Civil Enforcement agrees to an
adjournment, this may make it easier for the court to grant a
delay informally. You should email them asking whether they
consent to the hearing being moved to a later date. If they
agree, you can inform the court and request an adjournment
without a formal application.
If all else fails – submit an N244 and request costs due to
unfairness. If the court insists on an N244 application, you
should include a request for the application cost to be
reimbursed, arguing that the delay in listing the hearing was
unreasonable, the hearing date was only recently communicated,
you acted promptly to notify the court and the adjournment
request is based on unavoidable circumstances.
If you do nothing and don't attend, and I doubt that CE will
send anyone for a set aside, then the judge will be pissed off
but will make a decision based solely on the papers which puts
you at a big disadvantage.
#Post#: 59723--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: b789 Date: February 26, 2025, 3:26 am
---------------------------------------------------------
If you cannot get through on the phone, here is a draft of an
email you should send to the court marked "urgent":
[quote]Subject: Urgent Request to Vacate and Reschedule Hearing
– Case No. [Insert Case Number]
Dear Court Manager/Listings Officer,
I am writing in respect of my upcoming set aside hearing
scheduled for 23rd April 2025 in case number [Insert Case
Number], where I am the Defendant.
I regret to inform the Court that I will be out of the country
on this date due to pre-arranged travel and will be unable to
attend. The hearing date has only recently been notified to me,
despite my application being lodged in November 2024, which has
resulted in this unfortunate clash.
I respectfully request that the hearing be vacated and re-listed
for the next available date after my return on [insert date]. I
believe it would be unjust for me to be forced to submit a
formal N244 application (with an associated fee) when this
situation has arisen due to the significant delay in listing the
hearing, which was beyond my control.
If the Court is unable to vacate the hearing, I would be
grateful if consideration could be given to me attending
remotely via telephone or video link as an alternative.
I kindly request confirmation of the Court’s position at your
earliest convenience, as I wish to ensure that the matter is
conducted fairly without unnecessary costs or procedural
hurdles.
I appreciate your time and consideration in this matter. Please
let me know if any further information is required.
Yours faithfully,
[Defendant’s Full Name]
[Defendant’s Address]
[Defendant’s Contact Number]
[Defendant’s Email][/quote]
#Post#: 62502--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: concoj Date: March 14, 2025, 8:43 am
---------------------------------------------------------
Thank you so much b789
Re-listed letter arrived.
[attachment deleted by admin]
#Post#: 62535--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: b789 Date: March 14, 2025, 11:28 am
---------------------------------------------------------
I'm assuming that that change is OK for you?
#Post#: 62627--------------------------------------------------
Re: Civil Enfocement letter Aka: ce-sevice.co.uk
By: concoj Date: March 15, 2025, 4:58 am
---------------------------------------------------------
As requested :
"I respectfully request that the hearing be vacated and
re-listed for the next available date after my return on 5 May
2025."
Many thanks
*****************************************************
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