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#Post#: 55141--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: b789
Date: January 26, 2025, 5:03 am
---------------------------------------------------------
I suggest you now send a letter by post, with a free certificate
of posting from the post office, to Gladstones. They will have 7
days to respond. If they fail to do so, then you will have to
apply for a set side without consent.
--- Quote ---
> [Your Name]
> [Your Address]
> [City, Postcode]
>
> Date: [Insert Date]
>
> Gladstones Solicitors
> Unit B, 1st Floor
> 210 Cygnet Court
> Warrington
> WA1 1PP
>
> BY POST WITH CERTIFICATE OF POSTING
>
> Re: Claim No. [INSERT CLAIM NUMBER]
> Defendant: [Your Name]
>
> Dear Sir/Madam,
>
> I write further to my email sent to you on [INSERT DATE]
regarding a proposal to set aside the default judgment in the
above matter by mutual consent.
>
> Delivery Receipt of Email
>
> The email was sent to your official address at
enquiries@gladstonessolicitors.co.uk and was not bounced.
According to the email headers meta-data, the message was
successfully delivered. However, I have not received a
substantive response to my proposal or even an acknowledgement
of receipt.
>
> SAR Response Omission
> Further, I note that the Subject Access Request (SAR) response
you provided failed to include any reference to my email or the
attached letter. This raises concerns about the accuracy and
completeness of your response and your potential failure to
acknowledge correspondence that has been properly delivered.
>
> Next Steps
> In the interests of resolving this matter efficiently and
proportionately, I am giving you a final opportunity to confirm
receipt of my original email and to provide a substantive
response to my proposal to set aside the judgment by consent.
>
> I am prepared to proceed by way of mutual consent and cover
the application fee of £119 to submit the Consent Order to the
court. This would avoid unnecessary costs and court time for
both parties. However, should I not receive a response to this
letter within 7 days of service, I will proceed with an N244
application for a contested set-aside.
>
> Should you continue to deny receipt of my original email, I
will place this letter, my original email, and the delivery
receipt/header meta-data before the court as evidence of my
attempts to resolve the matter reasonably.
>
> Overriding Objective
> I respectfully remind you of your obligation to assist the
court in achieving the overriding objective of the Civil
Procedure Rules: to deal with cases justly, efficiently, and at
proportionate cost. A consent order remains the most equitable
and efficient resolution in this case.
>
> I look forward to your response.
>
> Yours faithfully,
>
> [Your Name]
>
> Enc. Copy of original letter as sent by email
--- End Quote ---
Make sure you include a copy of the original letter. I suggest
you date the letter and post it on the same day. You will have
to take it to a post office and get a free Certificate of
Posting. According to the Interpretation Act, a First Class
letter posted is deemed served two working days later.
#Post#: 59579--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: jayudd
Date: February 24, 2025, 7:41 pm
---------------------------------------------------------
Hello b789,
I hope all is well.
I sent the letter by proof of postage, as suggested.
Still no reply.
Shall I move forward with the set aside from my end? They had
ample time to respond, but nothing as of yet. Sorry it has taken
me a few weeks, but I had been away for work with no
access/limited internet.
Thanks.
#Post#: 59666--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: b789
Date: February 25, 2025, 11:32 am
---------------------------------------------------------
In which case you will have to make the application yourself.
Here is a link to a partially completed N244 application for
your specific case:
N244 application
HTML https://www.dropbox.com/scl/fi/zcwkj2n7iwvu5igmzdenk/N244_0622_save.pdf?rlkey=fr8eisykkysyh98vgszzhl2ut&st=kcdm0vkq&dl=0
You will need to complete your personal details and the claim
number and you sign by typing your full name for the signature.
Here is the Witness Statement which should be saved as a PDF
file.
--- Quote ---
> [center]IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> National Parking Management Ltd
> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> WITNESS STATEMENT[/center]
>
> I, [DEFENDANT'S NAME], of [ADDRESS], state as follows:
>
> 1. I am the Defendant in this matter. This witness statement
is in support of my application to set aside the default
judgment entered against me on [DATE] pursuant to CPR 13.3(1).
>
> 2. The default judgment was entered due to an honest
procedural mistake on my part, and I have a real prospect of
successfully defending the claim, which is fundamentally
defective and should be struck out.
>
> Background
>
> 3. I first became aware of the judgment when I received a
letter from HM Courts & Tribunals Service dated [DATE] notifying
me of the default judgment.
>
> 4. The claim form was correctly delivered, and I submitted an
Acknowledgment of Service (AoS) within the prescribed timeframe.
However, my defence was not submitted due to:
>
> [indent]a) A technical email issue which resulted in the
defence not being sent;
>
> b) A misunderstanding regarding the defence form in the claim
pack, as I mistakenly believed it was only to be used for
counterclaims.[/indent]
>
> 5. Upon learning of the judgment, I acted promptly by
contacting the Claimant’s solicitors, Gladstones, requesting a
consent order to set aside the judgment. I offered to cover the
£119 consent application fee.
>
> 6. Despite multiple attempts to engage with the Claimant’s
solicitors, they have ignored my requests, forcing me to file
this contested application at an increased cost of £303.
>
> The Claim Fails to Comply with CPR 16.4(1)(a) and Should be
Struck Out
>
> 7. I have a real prospect of successfully defending this
claim, but more importantly, the claim fails to comply with CPR
16.4(1)(a) and should be struck out under CPR 3.4(2)(a) because
it does not disclose reasonable grounds for bringing a claim.
>
> 8. The Particulars of Claim (PoC) contained within the N1SDT
claim form are defective and fail to meet the standard required
under CPR 16.4(1)(a). A copy of the N1SDT claim form is attached
as Exhibit [INITIALS]-01, which clearly demonstrates:
>
> [indent]a) No contractual terms are identified or attached, as
required under CPR PD 16(7.5).
>
> b) The PoC do not specify which clause(s) of the alleged
contract have been breached.
>
> c) The PoC fail to provide a clear factual basis for the
alleged breach (e.g., the exact nature of the alleged
contravention).
>
> d) The sum claimed is not explained, and no legal basis is
provided for additional charges beyond the parking charge
itself.
>
> e) The PoC do not clarify whether I am pursued as the driver
or as the registered keeper.[/indent]
>
> 9. The PoC within the N1SDT form fail to contain a concise
statement of facts, as required by CPR 16.4(1)(a), and as a
result, the claim is vague, inadequate and defective. It does
not particularise the cause of action, preventing the Defendant
from preparing a meaningful response.
>
> 10. The courts have previously struck out identical claims for
failing to comply with CPR 16.4(1)(a). I rely on the following
persuasive appellate authorities:
>
> [indent]CEL v Chan 2023 [E7GM9W44] – The court struck out the
claim for failing to provide a concise statement of facts as
required by CPR 16.4(1)(a).
>
> CPMS v Akande 2024 [K0DP5J30] – The court struck out a
similarly vague claim, ruling that a claimant cannot rely on
generic, template-style pleadings without properly
particularising the alleged breach.[/indent]
>
> 11. Copies of these judgments are attached as Exhibit
[INITIALS]-02 and Exhibit [INITIALS]-03.
>
> 12. Furthermore, in a similar case, a district judge struck
out a claim of their own initiative due to identical defects.
The judge ruled that:
>
> [indent]• The claim lacked legal and factual specificity.
>
> • It would be disproportionate and contrary to the overriding
objective to allow amendments.[/indent]
>
> 13. A copy of the draft order from that case is attached as
Exhibit [INITIALS]-04
>
> Claimant’s Unreasonable Conduct & Costs Request
>
> 14. I acted promptly in seeking to set aside the judgment and
engaged in good faith negotiations with the Claimant’s
solicitors, who refused to engage.
>
> 15. I attempted to resolve this amicably by:
>
> [indent]• Sending an email to Gladstones solicitors on [DATE]
requesting a consent order and offering to cover the £119
application fee.
>
> • Following up via first class post with proof of posting on
[DATE].[/indent]
>
> 16. Despite these efforts, Gladstones failed to even
acknowledge, never mind respond, leaving me no choice but to
file a contested application at an increased cost of £303.
>
> 17. Under CPR 27.14(2)(g), the Claimant’s failure to engage in
settlement discussions is unreasonable conduct that justifies a
costs order in my favour.
>
> 18. Additionally, under CPR 38.6(1), if the Claimant
discontinues the claim post-set-aside, costs should follow the
event, meaning I should be compensated for the costs incurred in
this unnecessary application.
>
> Request for Relief
>
> 19. In light of the above, I respectfully request that the
Court:
>
> [indent]a) Set aside the default judgment pursuant to CPR
13.3(1).
>
> b) Strike out the claim under CPR 3.4(2)(a) for failing to
disclose reasonable grounds for bringing a claim.
>
> c) Order the Claimant to pay my costs, summarily assessed at
£303, due to their unreasonable conduct in refusing to engage in
settlement discussions.[/indent]
>
> STATEMENT OF TRUTH
>
> I believe that the facts stated in this Defence 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:
>
>
> Dated:
--- End Quote ---
Here is the draft order which should be saved in an MS Word
(.docx or .doc) format:
--- Quote ---
> IN THE COUNTY COURT[/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> National Parking Management Ltd
> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DRAFT ORDER[/center]
>
> UPON the Court considering the Defendant’s application dated
[DATE] to set aside the default judgment entered against them on
10th December 2024;
>
> AND UPON considering the Defendant’s witness statement and
supporting evidence;
>
> AND UPON it appearing that:
>
> [indent]a) The Defendant acted promptly upon learning of the
default judgment and has a real prospect of successfully
defending the claim, pursuant to CPR 13.3(1);
>
> b) The Claimant’s Particulars of Claim as set out in the N1SDT
claim form are defective and fail to comply with CPR 16.4(1)(a)
and CPR PD 16(7.5), in that they do not contain a concise
statement of facts, do not specify the exact contractual terms
allegedly breached, and do not provide the factual basis for the
amount claimed;
>
> c) The Claim is therefore vague, lacking in specificity, and
does not disclose reasonable grounds for bringing a claim,
pursuant to CPR 3.4(2)(a);[/indent]
>
> IT IS ORDERED THAT:
>
> [indent]1. The default judgment entered on [DATE] is set aside
pursuant to CPR 13.3(1).
>
> 2. The claim is struck out in its entirety pursuant to CPR
3.4(2)(a) on the basis that it fails to disclose reasonable
grounds for bringing a claim due to non-compliance with CPR
16.4(1)(a) and CPR PD 16(7.5).
>
> 3. The Claimant shall pay the Defendant’s costs of this
application, summarily assessed at £303, due to:
>
> [indent]a) The Claimant’s failure to engage in discussions to
resolve this matter via consent, which necessitated this
contested application; and
>
> b) The Claimant’s issue of defective Particulars of Claim,
which resulted in an unmeritorious default judgment being
entered.[/indent]
>
> Dated:
--- End Quote ---
Here is a link to the Chan, Akande transcripts and draft
strikeout order exhibits which need to be saved with their own
court header information and marked with the relevant reference
in the WS to the exhibits with your initials (eg. XX-01, XX-02
etc.).
Draft Order for the defence
HTML https://www.dropbox.com/scl/fi/zc23txk7poctyyxiv2ytx/Strikeout-order-1-a-v2.1.pdf?rlkey=pancly3z6zwqt2cra5rvvh3ls&st=nq7a58tz&dl=0
CEL v Chan Transcript
HTML https://www.dropbox.com/scl/fi/nb9ypbecuurpmln00dily/CELvChan-appeal-transcript.pdf?rlkey=7mpuvpmpe45s2zbhch21om1ez&st=i8dnbod3&dl=0
CPMS v Akande Transcript
HTML https://www.dropbox.com/scl/fi/y631olc61z1slr6xfrdsk/CPM-v-AKANDE.pdf?rlkey=kltpojedcxiwarxr0sdfyjo05&st=qi4lv3fv&dl=0
Make sure you also include a copy of the N1SDT Claim Form with
the defective PoC as an exhibit too and reference it accordingly
in the WS and on the header.
When you have made the necessary edits and saved everything, the
application form, the WS, and the exhibits should all be saved
as a single PDF file. The draft order (not the evidential one
for the defence) should be saved as a MS Word (.docx or .doc
format) file. You then need to attach the PDF film and the Word
files to an email which you send to:
applications.cnbc@justice.gov.uk and CC in yourself.
Make sure that the claim number is in the subject field of the
covering email and in the body of the email state:
"Please contact me at [phone number] to take payment for the
N244 application fee by card" and also include a very short
explanation about what is attached, mentioning that it is an
N244 application for a set aside.
That should cover it unless anyone else has any observations.
#Post#: 62377--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: jayudd
Date: March 13, 2025, 2:09 pm
---------------------------------------------------------
Hi b789,
I hope you are well.
Thank you for providing the draft N244 information etc. I have
not yet sent it off as I had been away for work. I got back
earlier this week.
Having said that, interestingly, I received the following from
Gladstones:
Good morning,
Thank you for your email.
Please accept our apologies for the delay in response.
Our client does not intend to oppose an application to set the
judgment aside providing that:
1. The judgment sum is paid in full
2. You accept liability for the judgment amount and to pay the
costs of the application
3. You agree not to make any application as to costs
May we remind you that £170.00 remains outstanding on file
104294.150XXX. Failure to make payment on or before the 27th
March 2025 will result in further legal proceedings.
Payment can be made to the following details:
Gladstones Solicitors Ltd
Barclays Bank
Account Number: 33028712
Sort Code: 20-24-09
Does this mean, they still want us to pay the county court
judgement amount in full and bear the costs of the application?
I believe I should still do as you said in your previous post
and apply to set aside the judgment. Can I recover the costs
from them? I almost feel like they know they will lose if we go
to set aside hence asking not to pursue costs. But i am no
expert, please do advise where we stand with their email etc.
I would love to know about claiming the application costs etc
from them.
Thank you.
Jay
#Post#: 62398--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: b789
Date: March 13, 2025, 3:35 pm
---------------------------------------------------------
Why have you waited for over two weeks to send off the
application? You may be required to justify the delay. You
absolutely must not delay making an application for a set
aside!!!! What is your excuse?
Gladstones have now responded, albeit 9 weeks later. They are
saying that they will only agree to a consented set-aside if you
pay them the judgment amount AND you cover the application fee
of £119, which is about £450. Your choice.
If you go for what I suggested over two weeks ago, you have a
chance of having the CCJ set-aside and the original claim struck
out, which a chance that you will be awarded your costs.
I really cannot be wasting my time if you arbitrarily delay
doing what has been advised and now the landscape has changed.
Additionally, I have no idea what they are referring to about
the outstanding £170 you are allegedly in debt to them for. Do
you have another outstanding PCN? I suggest you show us the full
letter and not just your paraphrasing of it is we are to
properly assist.
#Post#: 62412--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: jayudd
Date: March 13, 2025, 5:07 pm
---------------------------------------------------------
Hi b789,
Sorry I should have explained my delay - my line of work
requires me to travel a fair but and I only have access to my
work laptop which is restricted to work use only, in the line of
work I am in. I was actually dealing with the draft suggestions
you kindly provided yesterday and then I received Gladstones
email. I will finish and send as you advised.
Regarding the other claim, I did not receive anything regarding
that so have emailed asking for more information. I will post up
once I have more information.
I will come back here if I get stuck.
Thank you once again.
#Post#: 62414--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: jayudd
Date: March 13, 2025, 5:13 pm
---------------------------------------------------------
Hi b789,
What would be the name of the court - is it my local court or
the Northampton one?
Thanks
#Post#: 62417--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: b789
Date: March 13, 2025, 5:23 pm
---------------------------------------------------------
If it was a default judgment from the CNBC then that is the
court you make the application to. It would then be allocated to
your local county court for a hearing.
#Post#: 62419--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: jayudd
Date: March 13, 2025, 5:27 pm
---------------------------------------------------------
Thank you b789.
Question regarding the n244 - am I putting my name in the
claimant section? I ask, because you put NPMs details on the
defendants text field and for question 2, ticked I am the
defendant. Is that correct?
#Post#: 62423--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: b789
Date: March 13, 2025, 5:46 pm
---------------------------------------------------------
No. Nothing has changed. You are the defendant and NPM are the
claimant in the case.
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