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#Post#: 89121--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: b789
Date: September 9, 2025, 7:56 am
---------------------------------------------------------
Please read the questions asked and answer them. If you insist
on only providing part answers, you are just wasting our time.
[member=103]DWMB2[/member] already pointed me to the defence you
submitted, which appears to be the generic one from MSE forum.
As you included the Chan and Akande transcripts, I am assuming
that the PoC failed to state a cause of action.
Who is the claimants representative bulk litigator?
However, more importantly, you have not answered the question
about the PoC. Also, you have not said whether the claimant
submitted a WS.
#Post#: 89141--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: bz.08
Date: September 9, 2025, 8:52 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Please read the questions asked and answer them. If you insist
on only providing part answers, you are just wasting our time.
>
> [member=103]DWMB2[/member] already pointed me to the defence
you submitted, which appears to be the generic one from MSE
forum. As you included the Chan and Akande transcripts, I am
assuming that the PoC failed to state a cause of action.
>
> Who is the claimants representative bulk litigator?
>
> However, more importantly, you have not answered the question
about the PoC. Also, you have not said whether the claimant
submitted a WS.
>
--- End Quote ---
The bulk litigator is DCB Legal. I don't have the physical PoC
letter anymore. I assume it is on MCOL Online but don't
currently have access to this as my Gateway account is
associated with an old phone number. I have contacted gov.uk to
reset this (they will reply within next 3 days) and should be
able to gain access to MCOL Online then. The claimant has not
(to my knowledge submitted a WS) and neither have I been asked
to. I will update on here once I hopefully get access to the PoC
letter on MCOL online.
#Post#: 89197--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: b789
Date: September 9, 2025, 12:28 pm
---------------------------------------------------------
Still too vague. If the claimant submitted a WS, they were
obliged to send a copy to you. You either received one or you
didn't.
The same goes for the PoC. They are on the N1SDT Claim Form you
received after the LoC. Why would you not keep and file all this
important legal documentation?
#Post#: 89723--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: bz.08
Date: September 12, 2025, 4:40 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Still too vague. If the claimant submitted a WS, they were
obliged to send a copy to you. You either received one or you
didn't.
>
> The same goes for the PoC. They are on the N1SDT Claim Form
you received after the LoC. Why would you not keep and file all
this important legal documentation?
>
--- End Quote ---
After I received an email in September 2024 stating that
"judgement has been set aside" and after not hearing any further
updates for the next 3 months after this, I wrongly interpreted
this to mean the case was closed. So I didn't file the
documentation as I should have. Error on my part.
I am not too sure how reliable Government Gateway support team
is in terms of the turn around time they gave to respond to me
so not sure how quickly I will regain access to my account. CNBC
take weeks/months to respond to emails.
Is there another way I can get the Claim Form so I can post on
here for further advice?
#Post#: 89735--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: b789
Date: September 13, 2025, 4:00 am
---------------------------------------------------------
Phone the CNBC first thing on Monday morning, preferably about
8:30am in order to avoid a long wait. You will have to give them
the claim number, and tell them you need them to email you the
PoC while you wait and do not leave the call until you have
received the PoC by email in your in-box.
#Post#: 90032--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: bz.08
Date: September 15, 2025, 9:59 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> Phone the CNBC first thing on Monday morning, preferably about
8:30am in order to avoid a long wait. You will have to give them
the claim number, and tell them you need them to email you the
PoC while you wait and do not leave the call until you have
received the PoC by email in your in-box.
>
--- End Quote ---
Hi,
I called CNBC and they sent the below text extract (they did not
send a PDF):
--- Quote ---
>
>
> Claimant: UK PARKING CONTROL LIMITED
> Claimant solicitor: DCB LEGAL LTD.
>
> Particulars of claim: 1. THE DEFENDANT (D) IS INDEBTED TO THE
CLAIMANT (C) FOR A PARKING CHARGE(S) ISSUED TO VEHICLE X AT
UXBRIDGE ROAD RETAIL PARK, UXBRIDGE ROAD, HAYES, UB4 0TU. 2. THE
PCN(S) WERE ISSUED ON 03/12/2023, 07/01/2024, 21/01/2024. 3. THE
DEFENDANT IS PURSUED AS THE DRIVER OF THE VEHICLE FOR BREACH OF
THE TERMS ON THE SIGNS (THE CONTRACT). REASON:NOT PARKED
CORRECTLY WITHIN THE MARKINGS OF THE BAY OR SPACE. 4. IN THE
ALTERNATIVE THE DEFENDANT IS PURSUED AS THE KEEPER PURSUANT TO
POFA 2012, SCHEDULE 4. AND THE CLAIMANT CLAIMS 1. £510 BEING THE
TOTAL OF THE PCN(S) AND DAMAGES. 2. INTEREST AT A RATE OF 8% PER
ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE
DATE HEREOF AT A DAILY RATE OF £.07 UNTIL JUDGMENT OR SOONER
PAYMENT. 3. COSTS AND COURT FEES
--- End Quote ---
They also mentioned that for further info I should reach out to
the local county court that is now dealing with it.
#Post#: 90047--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: b789
Date: September 15, 2025, 11:01 am
---------------------------------------------------------
Thanks — those PoC help. Why you have not told us which local
county court, I have no idea so you'll have to do your own
researcher the appropriate email address to sue for the court
service.
Given the paper strike-out/judgment was made without a hearing,
the cleanest route is:
[indent]1. Apply right now (N244) to set aside/vary the order
under CPR 3.3(5), seek relief from sanctions under CPR 3.9, and
obtain permission to file an Amended Defence (attached).
2. Ask for a stay of enforcement/registration pending
determination.
3. Serve the application bundle on DCB Legal at the same time by
CCing them in on the email to info@dcblegal.co.uk.[/indent]
Below is everything you need, tailored to these PoC (UKPC/DCB
Legal; three PCNs at Uxbridge Road Retail Park on 03/12/2023,
07/01/2024, and 21/01/2024; “not parked correctly within
markings”; driver in the alternative keeper under PoFA; £510 +
s.69 interest + costs).
N244 — wording for Q11 (“What order & why”)
Order sought:
[indent]1. The order dated [date] striking out the Defence and
entering judgment for £666.56 be set aside/varied.
2. Relief from sanctions be granted.
3. The Defence be reinstated and the Defendant have permission
to file and serve the Amended Defence annexed within 14 days of
this order.
4. Enforcement and registration of the judgment be stayed until
this application is determined and, if granted, until further
order.
5. Costs in the case.[/indent]
Why (summary grounds):
a) The strike-out/judgment was made without a hearing on a
pleading point; the Defendant (a LiP) had filed the DQ and
attended mediation. Any defect was form not substance and is now
cured by a compliant Amended Defence.
b) The PoC are minimal MCOL particulars spanning three separate
dates/events and relying on driver or, in the alternative, PoFA
keeper liability. The proposed Amended Defence pleads to each
allegation and narrows the issues.
c) Applying the Denton test: (1) any breach was not serious in
context (case already progressed; no trial date lost); (2) good
reason (LiP relying on a publicly available template; earlier
court error had already occurred in this claim history); (3) all
the circumstances favour determination on the merits.
d) Small-claims costs are limited; immediate
enforcement/registration would be unfair and unnecessary if the
matter is reinstated.
--- Quote ---
> DRAFT ORDER (attach as a separate page)
>
> UPON the Court’s order dated [date] striking out the Defence
and entering judgment;
>
> AND UPON the Defendant’s application dated [date];
>
> It is ordered that:
>
> [indent]1. The order of [date] is set aside and the
Defendant’s Defence is reinstated.
> 2. The Defendant has permission to file and serve the Amended
Defence in the form annexed within 14 days.
> 3. Enforcement and registration of the judgment are stayed
pending determination of this application and, if granted, until
further order.
> 4. Costs in the case.
--- End Quote ---
Here is a concise witness statement you can use:
--- Quote ---
> Witness Statement
>
> 1. I am the Defendant. This statement supports my application
to set aside/vary the paper strike-out and for relief from
sanctions.
>
> 2. Timeline: (a) I filed a Defence; judgment was wrongly
entered; it was set aside by order of HHJ [name] on 7 April
2025; (b) I filed my DQ in early June; mediation took place in
July; (c) on [date served] I received the order striking out my
Defence as a “paste from the internet” and entering judgment for
£666.56.
>
> 3. I am a litigant-in-person. I have engaged with the process
at all times. Any defect in my earlier Defence was procedural
only.
>
> 4. The PoC are MCOL-style and identify three separate PCNs
(03/12/2023, 07/01/2024, 21/01/2024) at Uxbridge Road Retail
Park, alleging “not parked correctly within the markings”,
pursuing me as driver and, in the alternative, as keeper under
PoFA for a global sum of £510 plus interest and costs.
>
> 5. I now tender a fully compliant Amended Defence responding
to each allegation and putting the Claimant to proof on
signage/terms, driver identity, and strict PoFA compliance (if
relied upon), together with authority to contract and litigate,
and quantum (challenging add-ons above any principal charge).
>
> 6. Applying Denton, relief should be granted: the breach
(pleading form) was not serious in context; there is good reason
(LiP relying on a public template); and justice favours trial on
the merits.
>
> 7. I respectfully seek the draft order.
>
> 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:
--- End Quote ---
Exhibits:
A: order of 7/4/2025 (set-aside of earlier CCJ);
B: DQ;
C: mediation notice/outcome;
D: impugned strike-out order;
E: PoC details from CNBC;
F: proposed Amended Defence.
Here is an amended defence tailored to those woeful PoC:
--- Quote ---
>
> [center]IN THE COUNTY COURT AT [Name of county court][/center]
> [right]Claim No: [Claim Number][/right]
>
> [center]BETWEEN:
>
> UK Parking Control Ltd
> Claimant
>
> - and -
>
> [Defendant's Full Name]
> 
Defendant
>
>
---------------------------------------------------------
>
> DEFENCE[/center]
>
> 1. The Defendant denies the claim in its entirety. No
liability is admitted and no debt is owed.
>
> 2. The Defendant was the registered keeper of [VRM]. The
Defendant does not admit being the driver on 03/12/2023,
07/01/2024 or 21/01/2024. If the Claimant relies on PoFA 2012
Schedule 4, strict compliance is denied.
>
> 3. The Particulars of Claim are inadequately particularised
and do not comply with CPR 16.4 and PD16 7.3. No contract is
attached or set out; the pleaded facts and quantum breakdown are
insufficient.
>
> 4. In response to PoC §§1–2, it is not admitted that any
parking charge was properly incurred at Uxbridge Road Retail
Park on the dates pleaded. The Claimant is put to strict proof,
for each date separately, of any period of parking, the
vehicle’s position, and that bay markings were clear and
enforceable at the time.
>
> 5. In response to PoC §3 (“not parked correctly within the
markings”), breach is denied. The Claimant is put to strict
proof that a clear and prominent contractual term required
strict bay compliance with an associated charge, that such term
was transparently conveyed at the entrance and on-site, that it
was a contractual offer (not a prohibition), and that any
departure was more than de minimis.
>
> 6. In response to PoC §4 (keeper liability), PoFA reliance is
denied. The Claimant is put to strict proof, for each PCN, of
full statutory compliance including identification of the
creditor, specification of a period of parking, mandatory
wording/invitations, and all applicable time limits.
>
> 7. Standing is not admitted. The Claimant is put to strict
proof of landowner authority to contract for parking and to
litigate in its own name at this site on the material dates.
>
> 8. Quantum is denied. The global figure of £510 is
unparticularised; no lawful basis is pleaded for any sums beyond
any principal charge (which is denied). Section 69 CCA 1984
interest is discretionary and not properly pleaded.
>
> 9. Each PCN is a separate event. The Claimant must prove
liability and (if relied upon) PoFA compliance for each date;
aggregation cannot remedy failures of proof.
>
> 10. The Defendant invites strike-out for failure to comply
with CPR 16.4. In the alternative, the Defendant seeks an order
that within 14 days the Claimant serve Further and Better
Particulars identifying the exact terms relied upon and how
incorporated, whether driver or PoFA keeper liability is pursued
with the facts said to found it, a contemporaneous site plan and
all signage/photos for each date, and a full breakdown of sums;
with permission to amend within 14 days thereafter.
>
> 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:
>
>
> Date:
--- End Quote ---
To-do list
[indent]• File N244 with: the Draft Order, the WS + exhibits,
and the Amended Defence.
• Email it to the hearing centre on the order and CC DCB Legal
at info@dcblegal.co.uk.
• In covering text, ask the court office to note the request for
an urgent stay of enforcement/registration.
• If you are outside the 7-day window on the paper order, still
apply and ask the court to extend time—explain you are a LiP and
moved promptly once you had the PoC detail.[/indent]
#Post#: 90356--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: bz.08
Date: September 17, 2025, 5:44 am
---------------------------------------------------------
--- Quote from: b789 link ---
>
> ..
>
--- End Quote ---
Thanks a lot for all the detail. The court is Uxbridge Count
Court.
The N244 form seems to have updated
HTML https://assets.publishing.service.gov.uk/media/65eb1c6b5b652445f6f21b01/N244_0622_save.pdf,<br
/> - I think the "what and why" order question is now question
3.
Just double checking on how to fill out some of the questions:
Question 5, I assume I put: "at a hearing".
Question 6-8 I am not sure how to fill out.
Question 9a/9b I guess would be DCB Legal?
Question 10 would be: Draft Order, the WS + exhibits, and the
Amended Defence.
Question 11 would be a "No".
Finally, are fees applicable in my case? Just asking because it
is mentioned on the form too. Once I have the above, I will send
all the info to
countycourtuxbridge[member=6517]justice[/member].gov.uk (I
assume this is better than emailing
enquiries@uxbridge.countycourt.gsi.gov.uk).
#Post#: 90379--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: b789
Date: September 17, 2025, 8:30 am
---------------------------------------------------------
You’ve got the right form. On that version Q3 is the “what order
and why” box. Here is how to complete it for this application.
Q1–Q2
Put the defendant’s full name. Tick Defendant.
Q3 (order and why)
Text you can paste:
[indent]“Set aside or vary the order dated [date] which struck
out the Defence and entered judgment. Grant relief from
sanctions. Reinstate the Defence and give permission to file and
serve the attached Amended Defence within 14 days. Stay
enforcement and registration pending determination. Costs in the
case. Reasons: order made without a hearing on a pleading issue;
litigant in person engaged with the process (DQ and mediation);
any defect is now cured by the attached, compliant Amended
Defence.”[/indent]
Q4
Tick Yes (you are attaching a Draft Order).
Q5 (how do you want to deal with your application)
Tick without a hearing. If the court prefers a hearing, they
will list it. If you choose “at a hearing” instead, that
increases admin; if you do, state 30 minutes.
Q6 (time estimate)
Leave blank if you ticked without a hearing. If you selected at
a hearing, write 30 minutes.
Q7 (give details of any fixed trial date or period)
Write None.
Q8 (level of judge)
Write District Judge.
Q9 and 9a (who should be served and their address)
Write Claimant’s solicitors: DCB Legal Ltd and give their
service address from the claim form. You will serve them by
CCing the email you are sending to the court.
Q10 (evidence relied on)
Tick the attached witness statement and the statement of case.
Your bundle should contain: Draft Order; Witness Statement with
exhibits (the April set-aside order, your DQ, mediation notice
or outcome, the impugned strike-out order, the PoC details from
CNBC); and the Amended Defence.
Q11 (vulnerability)
Tick No unless it applies.
Fees:
[indent]• General application on notice (you will be serving DCB
Legal): £313.
• General application by consent or without notice:
£123.[/indent]
Help With Fees is available if eligible; include your HWF
reference if using it.
Filing and serving
File at Uxbridge County Court and Family Court. Email your
application to
countycourtuxbridge[member=6517]justice[/member].gov.uk and CC
info@dcblegal.co.uk. In your covering email ask the court to
note that you seek an urgent stay of enforcement and
registration pending determination.
Optional precise wording for your Draft Order:
[indent]1. The order dated [date] striking out the Defence and
entering judgment is set aside.
2. The Defence is reinstated.
3. The Defendant has permission to file and serve the Amended
Defence annexed within 14 days.
4. Enforcement and registration of the judgment are stayed
pending determination of this application and, if granted, until
further order.
5. Costs in the case.[/indent]
#Post#: 90454--------------------------------------------------
Re: Judgment set aside - next steps?
DIR By: bz.08
Date: September 17, 2025, 5:33 pm
---------------------------------------------------------
--- Quote from: b789 link ---
>
> ..
>
--- End Quote ---
Thank you so much!
I have followed your guidance carefully and filed the N244 + all
the files in the manner suggested.
I will keep you updated on this thread!
*****************************************************
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