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#Post#: 69172--------------------------------------------------
Judgment set aside - next steps?
DIR By: bz.08
Date: April 29, 2025, 5:38 am
---------------------------------------------------------
Hi all,
Some time ago I submitted a defence in response to a private
parking ticket that had reached the claim stage. Somehow my
defence was missed by the court and hence the court entered a
judgment against me. I emailed CNBC proving that I had indeed
filed a defence and recently I received a letter confirming they
they have set the judgment aside due to their failure to process
my defence.
The exact contents of the letter are as below:
--- Quote ---
>
>
> On 7th April 2025
>
> His Honour Judge XXX sitting at the Civil National Business
Centre considered the file and made directions
> Upon the Defendant having filed a Response but the Court
Office not processing it;
> Upon the Court entering Judgment on 22nd January 2025
>
> IT IS ORDERED:
>
> 1) The Judgment be set aside because the Defendant had filed a
Response prior to the Court entering Judgment
>
> 2) Because this Order has been made without a hearing, the
parties have the right to apply to have the order set aside,
varied or stayed. A party making such an application must send
or deliver the application to the court (together with any
appropriate fee) to arrive within seven days of service of this
Order.
>
> REASONS
>
> The Judgment was entered at a time when the Defendant had
filed a Response.
>
> The Judgment is therefore irregular and must be set aside
--- End Quote ---
Point 2) is slightly confusing as it seems to suggest I (as one
of the parties) have to apply to have the judgment set aside,
but doesn't this contradicts point 1) which confirms the
judgment is set aside already?
What, if anything, do I need to do next? As mentioned, I have
already submitted a defence so surely the next action is on the
claimant?
Thanks,
#Post#: 69176--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: b789
Date: April 29, 2025, 6:01 am
---------------------------------------------------------
The judgment has already been set aside by the court under Point
1 of the order. The confusing part—Point 2—is standard
procedural wording used in orders made without a hearing. It
gives both parties the opportunity to challenge the set-aside
order itself, not the underlying judgment. In other words:
[indent]• Point 1 confirms that the default judgment is already
set aside because it was irregular (entered when a defence had
in fact been filed).
• Point 2 gives either party seven days to challenge this order
if they disagree with it (e.g., the Claimant might argue the
defence wasn't filed in time, or wasn't properly served, etc.).
It does not mean you need to apply to set aside the judgment—it
has already been done.[/indent]
Since your defence is already on file:
[indent]• No further action is needed from you right now, unless
the Claimant makes an application to vary or overturn this order
(which is unlikely unless they think they can prove you didn't
serve your defence).
• The case will now continue as normal. The Claimant may:
[indent]• Choose to discontinue the claim.
• Proceed to the next stage, which is typically the Directions
Questionnaire (DQ), unless already filed.
• Possibly seek further directions or respond to your
defence.[/indent][/indent]
You should monitor your post and email carefully over the next
few weeks for:
[indent]• A Directions Questionnaire from the court, or
• Any communication from the Claimant.[/indent]
If you want any further advice then please tell who the claimant
is, who is representing them (DCB Legal?), show us the
Particulars of Claim (PoC) and show us the defence you
submitted.
READ THIS FIRST - Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
#Post#: 88871--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: bz.08
Date: September 7, 2025, 5:05 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> The judgment has already been set aside by the court under
Point 1 of the order. The confusing part—Point 2—is standard
procedural wording used in orders made without a hearing. It
gives both parties the opportunity to challenge the set-aside
order itself, not the underlying judgment. In other words:
>
> [indent]• Point 1 confirms that the default judgment is
already set aside because it was irregular (entered when a
defence had in fact been filed).
> • Point 2 gives either party seven days to challenge this
order if they disagree with it (e.g., the Claimant might argue
the defence wasn't filed in time, or wasn't properly served,
etc.). It does not mean you need to apply to set aside the
judgment—it has already been done.[/indent]
>
> Since your defence is already on file:
>
> [indent]• No further action is needed from you right now,
unless the Claimant makes an application to vary or overturn
this order (which is unlikely unless they think they can prove
you didn't serve your defence).
> • The case will now continue as normal. The Claimant may:
>
> [indent]• Choose to discontinue the claim.
> • Proceed to the next stage, which is typically the Directions
Questionnaire (DQ), unless already filed.
> • Possibly seek further directions or respond to your
defence.[/indent][/indent]
>
> You should monitor your post and email carefully over the next
few weeks for:
>
> [indent]• A Directions Questionnaire from the court, or
> • Any communication from the Claimant.[/indent]
>
> If you want any further advice then please tell who the
claimant is, who is representing them (DCB Legal?), show us the
Particulars of Claim (PoC) and show us the defence you
submitted.
>
> READ THIS FIRST - Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
>
--- End Quote ---
Hi,
Just going back to this. So the claimant decided to proceed with
the claim. I sent across the DQ in early June and we had a
mediation appointment (not settled) in July. So I was awaiting a
potential court date but today I got a letter stating the below:
--- Quote ---
> Before Recorder X sitting at the County Court at Y.
>
> UPON reading the Claim and Defence
>
> AND UPON the Court noting that the Defence:
>
> It is a paste from the internet that does not address the
issues that have might arise on the facts alleged and
>
> Does not comply with CPR 16.5.
>
> IT IS ORDERED THAT
>
> That the Defence be stuck out and there be judgment for the
Claimant inclusive of interest and costs in the total sum of
£666.56.
--- End Quote ---
So I have beaten a few private parking tickets using advice from
this forum but this is the first time the judge has acted in
favour of the claimant before an actual court date? More
interestingly, their rationale for the judgement is that my
defence is a copy and paste from the internet?
My defence is here
HTML https://drive.google.com/file/d/1irTv41gffLk2xGaPSkxsuB6IaynrmGZK/view?usp=sharing.<br
/>For further context, I received this claim initially in Summer
2024 and I have been back and forth on this since (including
court setting judgement aside, me resubmitting defence, them
making judgement against me, setting it aside again after
realising I had submitted a defence etc until the current
point). As it is 1.5 years since receiving the claim form, I
stupidly don't have the original claim form to hand anymore..
#Post#: 88873--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: DWMB2
Date: September 7, 2025, 5:35 pm
---------------------------------------------------------
Without seeing the particulars of claim, it's hard to offer any
opinion on the suggestion that the defence fails to comply with
16.5 of the CPR. That said, in my view, one of the problems with
the MoneySavingExpert template defence (which appears to be what
you used) is that parts of it read more like a polemic against
the parking industry as a whole, rather than a specific response
to the claim in hand.
#Post#: 88880--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: b789
Date: September 7, 2025, 11:37 pm
---------------------------------------------------------
Without seeing the PoC, the actual defence or any other
correspondence about this, it is almost impossible to advise
further. However, that wording in the judgment order sounds like
the claimant submitted it for the judge to decide on.
It is unusual for this kind of decision and it may be
appealable. I would suggest you get some proper legal advice on
this. I recommend you try and make contact with Jackson Yamba at
Contestor Legal
HTML https://contestorlegal.co.uk/.
He is an expert in this field and
has represented the winning side in many of the persuasive
appellate cases we refer to.
I have no connection to this firm other than knowing about the
success of Jackson Yamba.
#Post#: 88889--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: DWMB2
Date: September 8, 2025, 3:28 am
---------------------------------------------------------
If you are considering any sort of appeal (if indeed one is
possible) then I would also agree that you should seek
professional advice.
#Post#: 89053--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: b789
Date: September 9, 2025, 2:28 am
---------------------------------------------------------
As we have not seen the PoC or the defence submitted, it is not
possible to provide precise advice. If you can show is the PoC
and the defence submitted (I am assuming it is not the defence
we advise in here), it may be possible to advise on your best
plan of action.
Did you or the claimant ever submit Witness Statement? If not,
then you have two options if you're not happy with the decision
made by the Recorder: you can either apply to set aside the
judgment or you can appeal it. Here's what each option means and
how they differ.
Option 1: Apply to Set Aside the Judgment
This means asking the court to cancel the judgment and reopen
the case. You would use a form called an N244 and explain why
the judgment was unfair or incorrect. In your case, you could
argue that the claim was not properly pleaded, no evidence was
served, and the defence was struck out without a hearing. You
would also need to attach a new defence that responds to the
claim in more detail. This route is useful if you want to fix
the defence and give the court a chance to reconsider the case
from the start.
Option 2: Appeal the Judgment
This means asking a higher judge to look at the Recorder’s
decision and decide if it was legally wrong. You would apply
using a form N164 and explain why the Recorder made a mistake in
law or procedure. For example, you could argue that the Recorder
ignored the claimant’s failure to comply with court rules,
struck out the defence unfairly, and entered judgment without
proper process. This route is about challenging the decision
itself, not fixing the defence.
Which is better?
If you believe the Recorder made a serious legal error and the
judgment itself was wrong, an appeal is the stronger option. If
you think the court didn’t have all the facts, or you want to
submit a better defence, then a set-aside is more flexible.
In your case, if the claim was poorly pleaded and no evidence
was exchanged, and the defence was struck out without a hearing,
you may have solid grounds for appeal. But if you want to revise
your defence and restart the process, a set-aside might be
quicker and more practical.
#Post#: 89054--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: DWMB2
Date: September 9, 2025, 2:39 am
---------------------------------------------------------
[member=26]b789[/member] - the defence can be seen in a link in
reply 2 - it's one of the MSE templates by the looks of it.
#Post#: 89117--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: bz.08
Date: September 9, 2025, 7:32 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> As we have not seen the PoC or the defence submitted, it is
not possible to provide precise advice. If you can show is the
PoC and the defence submitted (I am assuming it is not the
defence we advise in here), it may be possible to advise on your
best plan of action.
>
> Did you or the claimant ever submit Witness Statement? If not,
then you have two options if you're not happy with the decision
made by the Recorder: you can either apply to set aside the
judgment or you can appeal it. Here's what each option means and
how they differ.
>
> Option 1: Apply to Set Aside the Judgment
>
> This means asking the court to cancel the judgment and reopen
the case. You would use a form called an N244 and explain why
the judgment was unfair or incorrect. In your case, you could
argue that the claim was not properly pleaded, no evidence was
served, and the defence was struck out without a hearing. You
would also need to attach a new defence that responds to the
claim in more detail. This route is useful if you want to fix
the defence and give the court a chance to reconsider the case
from the start.
>
> Option 2: Appeal the Judgment
>
> This means asking a higher judge to look at the Recorder’s
decision and decide if it was legally wrong. You would apply
using a form N164 and explain why the Recorder made a mistake in
law or procedure. For example, you could argue that the Recorder
ignored the claimant’s failure to comply with court rules,
struck out the defence unfairly, and entered judgment without
proper process. This route is about challenging the decision
itself, not fixing the defence.
>
> Which is better?
>
> If you believe the Recorder made a serious legal error and the
judgment itself was wrong, an appeal is the stronger option. If
you think the court didn’t have all the facts, or you want to
submit a better defence, then a set-aside is more flexible.
>
> In your case, if the claim was poorly pleaded and no evidence
was exchanged, and the defence was struck out without a hearing,
you may have solid grounds for appeal. But if you want to revise
your defence and restart the process, a set-aside might be
quicker and more practical.
>
--- End Quote ---
Hi,
Thanks for the advice. Please see my defence here: here
HTML https://drive.google.com/file/d/1irTv41gffLk2xGaPSkxsuB6IaynrmGZK/view?usp=sharing<br
/>
I have not submitted a witness statement yet.
This has been ongoing since Summer 2024. The court first entered
a judgement against me in error then set it aside in September
2024. I then submitted my defence but they missed this somehow
and entered judgement against me (again) in February 2025. I
proved to them that I did submit my defence prior to this so
they once again set it aside in May 2025. All this confusion may
have played a part in this outcome.
#Post#: 89119--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: DWMB2
Date: September 9, 2025, 7:41 am
---------------------------------------------------------
Can you share the particulars of claim that your defence was
responding to? Without them we are to a certain extent providing
advice blind.
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