Court claim from Civil Enforcement LTD for a parking charge

[abz88]

Part 2

[abz88]

Part 3

[abz88]

Part 4

[abz88]

Last one, part 5

[abz88]

Well if you post up those documents we can perhaps produce a better defence which you can file late and hope the claimant doesn't file for a default judgment in the meantime.
Just get a move on!

Yeah, sorry just took a moment to scan, mask details and upload all, i think they have applied for a default judgement by the looks of it.

[des8]

Here is a very quickly revised defence
Note points 3,4, 5. I have researched this on Google Earth ... so could be incorrect, but they are certainly showing different addresses

You will need to send this as a PDF attachment to an email to the court
In the subject line you need to enter the case name i.e Claimants name vs your name and the case number
Mark it URGENT.
In the email explain you were waiting for CEL's response to your CPR 31.14 request and didn't realise you had missed filing date for defence
And apologise!

If the judgment hasn't been given yet (the MCOL record might show this) you may be lucky.
If judgment has been handed down you could apply for set aside, but that comes with a cost

DEFENCE
.The Defendant received the claim No XXXXXXXXXXXXX, issued 25th June 2025 from Civil Enforcement Ltd

1. .Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
2. The defendant avers the Claimant's statement of case firstly fails to give adequate information to enable the Defendant to properly assess the Defendant's position with regards the claim and secondly has failed to properly plead its case in accordance with CPR 16.4(1)(a)
   Specifically the Particulars of Claim state that the claim is for unpaid charges relating to a Parking Charge Notice for breach of contract terms & conditions but does not
   1. state how the terms & conditions of the alleged contract were breached
   2. describe how the defendant is liable for any such charges
3. The Defendant notes the address of the alleged parking event is stated on the claim form as "Car park -KFC Leyton"
4. The Defendant notes that the address of the alleged parking event is stated on the Parking Charge Notice as "Car Park at 500 Lea Bridge Road, London E10 7DN"
5. The Defendant notes the locations are separated by over 1.5miles, and neither seem to have a car park.
6. The Defendant puts the claimant to proof of the location of the alleged parking event
7. t is well established that the Claimant must provide adequate pleadings and include all essential ingredients of the cause of action so as to enable the Defendant to understand the case against them. The Particulars of Claim, as drafted, are inadequate which makes it difficult for the Defendant to respond as the Defendant does not know or understand the basis of the Claimant's case.
8. It is noted that the Claimant's response to a CPR31.14 request for disclosure of documents on which they intend to rely on in court was only sent dated 14th August 2025
9. Accordingly, the court is invited to consider its general case management powers pursuant to CPR 3.1 to:
   1. make an order that unless the Claimant (i) files and re-serves an amended Particulars of Claim compliant with CPR 16.4(1)(a) and (ii) provide the necessary documentation in order for The Defendant to fully plead the Defendant's case within 14 days of said order, then the claim shall be struck out and judgment entered in favour of the Defendant;
   2. If the Claimant should comply with such an order , the Defendant will then be in a position to amend the Defendant's defence, and would ask that the Claimant bears the costs of the amendment.
      Or
   3. if the court considers it appropriate, to strike out the claim in whole or in part, as the basis that the claim discloses no reasonable grounds for a cause of action; and
   4. exercise any other case management powers the court sees fit
10. Statement of truth
11. ‘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.’
12. signed

[des8]

Sorry, late at night I did some more checking and realised I had misread the address on the PCN which is 590 Lea Bridge Road,.

I think there might be three KFCs in Leyton, hence the confusion plus blurry pictures .You ought to delete those paras 3,4,5 &6

I don't know what the car park signs actually state (even the smallest print. They might not be capable of forming a contract and so give you a defence

However I have noted the issue date of the parking Charge is outside the 14 days necessary for the parking company to transfer liability for the unpaid charges from the driver to the keeper

So para 2 could read

-describe how the defendant is liable for any such charges, as driver or keeper of the vehicle reg number.XXXXXX
The driver has not been identified, and the Parking Charge failed to comply with the regulations mandated in Protection of Freedoms Act 2012 in that it was issued outside of the relevant period to transfer liability for any unpaid charges from the driver to the keeper

[abz88]

Thank you so much for providing this. I have just checked the MCOL website and the last update it says - "A judgment was issued against you on 14/08/2025 at 19:07:49"

So im guessing i am too late now, if i do go down the route of getting this set aside, is there a chance that they would reconsider on the grounds that the parking charge was issued outside of the 14 days?

[des8]

If set aside is granted the claim goes back to square one.
Your defence to the claim is that they don't say how you are liable.
The identity of the driver has never been disclosed, and the claim does not actually state it is against you as the driver.
Neither does it claim you are liable as the registered keeper, probably because they know the parking charge notice did not comply with the necessary conditions (delivered too late).

So, yes, you have a chance of winning (but the small claims track is a bit of a lottery), or they might even eventually discontinue the claim altogether.

If you decide to apply for set aside it must be done sooner rather than later

[abz88]

If set aside is granted the claim goes back to square one.
Your defence to the claim is that they don't say how you are liable.
The identity of the driver has never been disclosed, and the claim does not actually state it is against you as the driver.
Neither does it claim you are liable as the registered keeper, probably because they know the parking charge notice did not comply with the necessary conditions (delivered too late).

So, yes, you have a chance of winning (but the small claims track is a bit of a lottery), or they might even eventually discontinue the claim altogether.

If you decide to apply for set aside it must be done sooner rather than later

Whats the usual cost of setting aside and i've checked theres the online form to put an application to set aside, i would have to provide them the reasoning for it, would you be able to help me formuate the reasoning for setting aside please?

[abz88]

If set aside is granted the claim goes back to square one.
Your defence to the claim is that they don't say how you are liable.
The identity of the driver has never been disclosed, and the claim does not actually state it is against you as the driver.
Neither does it claim you are liable as the registered keeper, probably because they know the parking charge notice did not comply with the necessary conditions (delivered too late).

So, yes, you have a chance of winning (but the small claims track is a bit of a lottery), or they might even eventually discontinue the claim altogether.

If you decide to apply for set aside it must be done sooner rather than later

Hi Des8 - sorry to be bothering you so much, keen to get the set aside application in today, so would highly appreciate your help (just a few pointers even) to draft the set-aside reasons

Thanks a lot in advance!

[des8]

Set aside application cost i) with consent £123 or ii) without consent £313

Form N244

You should state the delay in filing your defence was due to waiting for Claimant to disclose documents they were relying on.
These weren't received until dd/mm, when you realised date for filing defence had passed.

You consider you have a good defence as the claim does not state how you were held to be liable for the charge, i.e. as driver or keeper of the vehicle reg no xxxxxx at the time of the alleged event
The identity of the driver had not been disclosed, and no assumptions can be made about the driver's identity (Vehicle Control Services Ltd vs Ian Mark Edward ref H0KF6C9C)
Liability for any unpaid charges could not be transferred to the registered keeper from the driver as the mandated conditions of The Protection of Freedoms Act 2012 (PoFA2012) had not been met
Schedule 4 of the Act para 9 (4) & (5) require the Charge notice to be sent to the Registered Keeper within 14 days.
The alleged event occurred on 19th March 2024 ,but the notice was issued 15th April 2024


It might well be worth while approaching CEL to ask them to either consent to the set aside or to negotiate a settlement.
If they refuse you'll be paying £313, plus possible hearing costs plus cost of preparing your defence and a day in court .... limited recovery of those costs
Also whilst the case proceeds you will have a CCJ on your credit records which isn't good if you need credit or re-mortgaging etc

On the other hand, from CEL's point of view, they stand to gain nothing, and if they pursue the claim they will incur costs, again only limited recovery

An approach to CEL prior to sending off N244 might be worth considering

[abz88]

Set aside application cost i) with consent £123 or ii) without consent £313

Form N244

You should state the delay in filing your defence was due to waiting for Claimant to disclose documents they were relying on.
These weren't received until dd/mm, when you realised date for filing defence had passed.

You consider you have a good defence as the claim does not state how you were held to be liable for the charge, i.e. as driver or keeper of the vehicle reg no xxxxxx at the time of the alleged event
The identity of the driver had not been disclosed, and no assumptions can be made about the driver's identity (Vehicle Control Services Ltd vs Ian Mark Edward ref H0KF6C9C)
Liability for any unpaid charges could not be transferred to the registered keeper from the driver as the mandated conditions of The Protection of Freedoms Act 2012 (PoFA2012) had not been met
Schedule 4 of the Act para 9 (4) & (5) require the Charge notice to be sent to the Registered Keeper within 14 days.
The alleged event occurred on 19th March 2024 ,but the notice was issued 15th April 2024


It might well be worth while approaching CEL to ask them to either consent to the set aside or to negotiate a settlement.
If they refuse you'll be paying £313, plus possible hearing costs plus cost of preparing your defence and a day in court .... limited recovery of those costs
Also whilst the case proceeds you will have a CCJ on your credit records which isn't good if you need credit or re-mortgaging etc

On the other hand, from CEL's point of view, they stand to gain nothing, and if they pursue the claim they will incur costs, again only limited recovery

An approach to CEL prior to sending off N244 might be worth considering

Just a thought, if they won't really be interested in giving consent and in that case i would be paying 313 which is more than the CCJ of roughly 290, so would it make sense to just pay that instead unless they consent to set aside.

Are there any templates that i could use to write to them asking them to CEL?

[des8]

Here's an in depth view of the set aside process and outcomes https://legalbeagles.org/library/how...#letterconsent

Oddly it does not now seem to include a template letter requesting consent. I'll have a look around to see if I can find one.

Will a CCJ on your credit record be detrimental to you? Consider the matter carefully.

[des8]

Can't find a ready made template, but your letter should be along the following lines


Tell them the letter concerns the default judgment entered against you, the sender, on [Date of judgment] in the case of [Claimant Name] v [Defendant Name] under Claim Number [Claim number].

Warn them you intend to apply to the court to have the judgment set aside.

The grounds for the application include the delay in receiving the information on which the claimant relied until after the default judgment was granted, and coinciding with your holidays.

Tell them that before submitting your court application , you seek their consent to set aside the default judgment. If an agreement is reached, it will save time and costs for both parties. The proposed order to be agreed upon is attached

Request they confirm consent to the order within the next 7 days and warn them if they don't reply or withhold consent an application to the court will be made.
Add that your letter will be used to demonstrate you acted promptly and attempted to resolve this matter by consent.


You should send a copy of the consent form you want signed, as well as the court order you are seeking.
Send via email read receipt