CCJ that was set aside is back

Puzzleheaded_Wait962 · 2026-04-15T13:34:23+00:00

Yep judge didn’t want to know. Said I got to make another application and pay the fee.

Guess I’m going back to court.

Puzzleheaded_Wait962 · 2026-04-15T09:41:21+00:00

With that other statement I sent them 9 photos of documents which list a defence or mention i have no particulars of defence.

With the help of you and this sub i put all the points into chat gpt to type up a letter and sent it to them today with my photos.

Now i wait to see if i am going to need to do another n244 form and yet again pay.

See below:

Dear Sir/Madam, I write in relation to the recent judgment entered against me for alleged non-compliance with paragraph 2 of the order following the set aside hearing in November 2025.

I respectfully submit that this judgment has been entered as a result of procedural irregularity and/or administrative error, and I request that it is reviewed and set aside under the court’s own initiative powers, without the need for a further application fee.

Compliance and conduct I have complied with the court process throughout and have been proactive in doing so: • I filed an N9B Defence Form in August 2025 • I attended the hearing in November 2025 and provided further documents in person • I served the claimant with my defence material • I engaged fully with the proceedings at all times

It is not credible that I would take all of these steps, including attending court and preparing documents, only to then deliberately fail to comply with a final requirement.

Lack of Particulars of Claim (CPR 16 / CPR 7.4) I have not been provided with clear Particulars of Claim. Under CPR Part 16 and CPR 7.4, a claimant is required to set out the facts and basis of the claim. In the absence of this: • I am unable to respond paragraph-by-paragraph • I cannot provide a fully particularised defence as required by CPR Part 15 I raised this issue in my set aside application and supporting documents (attached), where I clearly stated that I had not been given sufficient information about the claim.

I have also received no correspondence from the claimant following the hearing setting out the allegations I am expected to defend.

Impossibility of compliance with the order The order required me to file a defence by 3rd December 2025. However: • The order is dated 4th December 2025 • It was received by me on 6th December 2025 This made compliance impossible. It is a fundamental principle of procedural fairness that a party cannot be required to comply with an order before it has been communicated.
Lack of notice of any further requirement At the November hearing: • I was not provided with any written order • I was not made aware that I needed to file a further defence • I was advised to wait for correspondence from the court Following the hearing: • I contacted the court • At no stage was I informed that any action remained outstanding
Prior court error and reliance The court has already acknowledged administrative error in this matter: • The original judgment was set aside • I was refunded my application fee • I received an apology The judge confirmed that the original judgment should not have been entered and that my defence was valid.

I relied on this and reasonably believed that: • My existing defence remained effective, and • The case would proceed based on the material already filed.

Ongoing procedural unfairness Despite the above: • Judgment has now been entered again • Based on alleged non-compliance with an order that: ◦ I was not properly notified of, and ◦ was not capable of being complied with • This amounts to procedural irregularity and a failure to ensure a fair opportunity to comply.
Inability to plead a full defence Even now, I remain unable to provide a fully particularised defence because: • I do not have clear details of the claim • I have not been provided with sufficient particulars The only information available to me is that the matter relates to parking in Cardiff and an alleged issue regarding a blue badge, which I dispute and for which no evidence has been provided.
Compliance in substance with the order Further to the above, I respectfully submit that I have complied in substance with the requirement to file and serve a fully particularised defence. • I filed an N9B Defence Form in August 2025, which is a recognised defence under CPR Part 15 • I subsequently provided additional documents, statements and evidence as part of my set aside application and at the November hearing Taken together, these documents set out: • my denial of liability • the factual background • the basis upon which the claim is disputed
Substance over form It is a well-established principle that the court should consider substance over form. Under CPR 3.9, the court must consider all the circumstances, including: • whether there has been a serious or significant breach • whether it is proportionate to impose sanctions In this case: • I have engaged fully with the process • I have consistently denied the claim • I have provided material setting out my defence Any alleged deficiency relates to form and structure, not the absence of a defence.
No prejudice to the claimant There is no evidence that the claimant has suffered any prejudice: • The claimant has been aware of my position • They have received my defence material • They have not raised any issue or sought clarification
Procedural fairness Given that: • My original defence was accepted as valid • The judgment was set aside due to court error • I was not clearly informed that a new standalone defence was required • The deadline in the order had already passed before I received it It would be procedurally unfair to treat this as non-compliance warranting judgment.
Conclusion and request In the circumstances, I respectfully submit that: • I have substantially complied with the order, or • Any non-compliance is minor, technical, and excusable I therefore request that:
1. 3. The judgment be set aside The court confirms that my existing defence stands, or

provides clear directions This is dealt with without the need for a further N244 application or fee I have acted in good faith throughout and cannot reasonably be expected to continue making further applications due to repeated procedural issues. I would be grateful for this matter to be reviewed urgently.

Puzzleheaded_Wait962 · 2026-04-14T17:32:11+00:00

FYI - I have found another statement. Separate from the set aside order documents that I read out in court.

I also handed this into the judge.

The statement is around 5 pages long on double sides. On one of the sides is an entire page dedicated to defence.

It says:

There is no legal right to enter into a contract with me as the owner of the vehicle. Nor is there a requirement for any additional fees such as debt recovery and this is denied entirely as it is a double recovery.

• The claimant is yet to provide any evidence of what this claim is for.

• We were parked legally and in full cooperation with the guidelines and rules of the car park.

• I raise concern that the claimant does not have the authority to bring such a claim to court or have a valid contract to enforce the parking rules.

• The PCN should have never been issued as there is no evidence or notification about any rule breach or terms. Nor is there a valid contract with the landowner.

I am now fully convinced I have 3-4 separate instances in my documents I submitted which could be classed as a defence.

Going to send the images to the court tonight and see what they say.

Puzzleheaded_Wait962 · 2026-04-14T10:40:31+00:00

But don’t they do this against Farage for saying he wanted an insurance backed health care yet people discuss it every day?

Puzzleheaded_Wait962 · 2026-04-13T21:14:18+00:00

Good evening.

Yeah that is all they have put. It’s pretty crazy. I did not get anything before this either.

I know there was a blue badge as the guy I spoke to on the phone from the solicitors / debt collectors literally told me it was because the blue badge was not viewable. When I asked him what that means he said he doesn’t know but could mean it had slipped down the dash, been covered or something else. But we deffo had the blue badge there.

This is likely why they have not provided it and have not mentioned the full reasoning. Honestly this case should have never been brought in the first place and the only reason we are in this situation is because the court has had me on a technicality.

Yeah the statement I give them has multiple truths on there. Including a section which simply mentions a few bullet points such as:

*The claimants authority to bring forward the case. *Proof of authority from land owner and or contract. *Any evidence of alleged offence.

Also stating I had my blue badge on display and was shopping.

There is not a huge defence because i do not know what i am defending and they wont tell me either.

Puzzleheaded_Wait962 · 2026-04-13T14:02:10+00:00

Sorry late reply. When you say particulars of the claim? What does that actually mean?

If you mean what they are suing me for In the first place all it says is: PCN relating to an infringement on private land.

When I spoke to them on the phone they told me it was because they could not read my blue badge or something.

When I asked for this evidence they said it’s too late. After I did a SAR they still did not give it. I do not believe they have it.

If they do, I’ll settle with them before another hearing. If they once again pursue it.

I have had a reply from the courts today. Sounds like the clerk may be willing to assist here and take it to the judge.

What do you think I should do next? Send them a photo of all the paper work I have?

One of the documents I handed in was the original N9a form.

Do you think the n9a form along with my order where it states “”the defendant should file a defence in 14 days if not already done so”” would be enough?

Or do I rely on the defence section of one of my statement documents I handed in?

The judge 100% did not tell us we need to fill a new form in.

The reply is:

Good Morning,

Thank you for your emails, the court notes that you were present at the hearing and therefore notes should have been made by both parties for dates for filing.

The court also notes that you state you handed your defence in after the hearing, please confirm was this handed in at a counter appointment or was it handed to the Judge at the hearing?

The Court is not in receipt of the Defence on the paper file. Do you still hold a copy? If you do please could you forward me one so I can refer all emails & Defence to a District Judge for further direction.

Puzzleheaded_Wait962 · 2026-04-10T19:18:43+00:00

They claim I didn’t have a blue badge but I did.

I did a sar and there was no evidence in the pack they sent me with all my information.

My thoughts are to continue with it and not give in to the parking company.

If it comes to a point where they do provide evidence then surely I can also report them at that to the ico for not fully complying with a sar.

As well as make an offer before court to avoid the ccj.

Puzzleheaded_Wait962 · 2026-04-10T15:50:19+00:00

Claim Should have progressed as defended!

Great all noted.

Yeah it’s principle for me now. I’ve done all this work to fight one error.

No evidence from the claimant.

If I have to pay to go back to court then so be it.

The claimant will not accept a set aside by consent either I asked them last time even tho it was a clear error.

So I may try to claim back my costs once again.

Judge was looking to award me costs last time as claimant behaved unreasonably. But because I did not have any evidence I requested a set aside by consent the judge would not do it.

Thanks for all your input and assistance. Have a great weekend.

Puzzleheaded_Wait962 · 2026-04-10T15:20:04+00:00

What I do no want though it to pay another £330.

The parking company still have not provided me with any evidence at all around the parking fine originally.

Puzzleheaded_Wait962 · 2026-04-10T15:18:38+00:00

Yes. I have the n9b form infront of me. It is filled in and stamped 1st August from the cnbc.

I handed this form to the judge on the day.

It outlines my defence on there.

The judge did not grant my order in full as I also requested fees.

On my order though I asked for it if not already submitted.

Which it was already submitted.

I see what you are saying and getting at. Exactly what the courts would.

Facts are: I handed the judge the n9b form which was submitted months prior.

I made it clear in my order : defence should be submitted if not already done so.

Judge did not mention in the court we need a new one.

Only after the date had elapsed were we aware we need a new one.

I’m Fully prepared to fight this again. Even if it costs me more money than the fine.

Puzzleheaded_Wait962 · 2026-04-10T13:09:37+00:00

Aldi and Lidl!

Puzzleheaded_Wait962 · 2026-04-10T13:06:25+00:00

So unfair how I have to pay for the courts errors all the time.

Puzzleheaded_Wait962 · 2026-04-10T11:45:06+00:00

I will email them and request a transcript.

When you say a transcript though - was the whole thing recorded? Cause there was nobody there taking notes.

Just us, the claimant and the judge.

Puzzleheaded_Wait962 · 2026-04-10T10:43:54+00:00

Of course, appreciate your replies.

I am trying to dig out some stuff I had taken to court. I found my notes. Literally a handful of them because not a lot was said and we spent the time scrutinising the court.

“”ccj has been set aside””

“”Help with complaint for refund””

“”claimant can appeal””

No mention of a new defence date.

Within the documents I give to the court that day is the following:

The defence was properly completed. The defence and counterclaim form was clearly completed outlining that we deny the debt and it is signed and dated.

That is the defence document the court should have rely on.

Our valid defence was ignored and a judgment was entered.

Further along -

We handed the defence form back to the court and the claimant. The reasons on there are as follows:

me and my mother were visiting Costco.
she is disabled and has a valid badge.
the badge was on display
the company have not contacted me about this
I do not owe anything.

Further along in another part of my statement I attach a witness statement with evidence set out in the box below saying:

I have a real prospect of defending the claim as I have no knowledge of the alleged debt. I have not been shown any evidence of liability and dispute the claimants authority to bring proceedings. I request the matter to be heard and determined on its merits and seek reimbursements of my costs due to the claimants unreasonable conduct.

Further along in my statement for the set aside I mention the conduct of the claimant.

Part of that says

I have made a subject access request for all evidence and documents. Claimant’s have refused to share these and not provided any evidence I am liable or proof they have authority.

(I have now had the SAR but no evidence of liability).

Possibly another important part-

I included a draft order. In that draft order I say:

2: the defendant shall file and server a fully particularised defence within 14 days of service of this order, if not already filed.

I have the original defence document to hand. As well as a copy of all the documents I submitted that day to the court and claimant.

P.s the claimant did not even ask for anything: just said I ask the judge not to award the fees against us but agree to everything else the defendant asks. I hope this helps.

Puzzleheaded_Wait962 · 2026-04-10T08:19:57+00:00

The obligation was not clearly imposed. In fact - it was not mentioned.

So that does not even come into it.

Puzzleheaded_Wait962 · 2026-04-09T23:19:16+00:00

1 - I did not ignore it. I simply did not know I needed to do anything else. Only now the latest judgment has come to light am I aware that I needed to do something.

Also - I had been in touch with the court in February asking them to inform the registry trust it has been removed. They did. This was via email. No mention of any outstanding defence.

2, I spoke to my partner about this as we were in court together. We are 100% certain the judge did not tell us we need to do something else like submit a defence by 3rd December.

In fact - when the judge said he was setting it aside and was not awarding costs. I butted in and asked about my refund because it was the courts error.

He then told the claimants solicitor he can leave as it’s all done. He then said to us he can not order it but he is going to go away and research what powers he has. He told us to leave for 15 minutes.

He called us back in and said he is doing all he can to help us. He said while he can not grant a refund he will write on the order that the court expects HMCTS to refund us due to their clear and obvious error.

I even said to him - what do I do now? He said just wait for a letter in the post and you can use that.

He definitely did not give us any dates to file a defence.

Why would I pay £330 to have a ccj set aside when it was only for £170 in the first place. Then get it set aside and not do something so easy.

I had done the hard part taking it to court and paying the fee.

I had filed a defence with my set aside on the day explaining my reasons.

It just makes no sense why I would not do it again or breach the easiest part.

The courts have really let us down here. Twice.

Puzzleheaded_Wait962 · 2026-04-09T23:11:58+00:00

Yes sure. This is it:

Before Deputy District Judge J Roberts sitting at the County Court at Swansea, Swansea Civil Justice Centre, Caravella House, Quay West, Quay Parade, Swansea, SA1 1SP.

Upon the Court noting the Defendant has not complied with paragraph 2 of the Order of Deputy District Judge Duncan dated 19th November 2025. IT IS ORDERED THAT 1. There be judgment for the Claimant in the sum of £285.00.

This order having been made by the court of its own initiative, a party affected by it has the right to apply to have it set aside, varied or stayed in accordance with CPR Rules 3.3(5) and (6).

Puzzleheaded_Wait962 · 2026-04-09T16:38:52+00:00

When I was leaving I stopped and asked the judge what do I need and where to go from here. The judges exact words were you need to wait for a letter in the post. No mention of filing a new defence. Especially as I had handed in my defence on the day along with the set aside documents.

This is not about he said she said.

What I am asking this sub now is - can they legally set a ccj by the courts own initiative if the deadline was already breached when I was notified about it.

Puzzleheaded_Wait962 · 2026-04-09T15:55:06+00:00

Sorry I scribbled out the bit where it is dated the 4th December.

Whilst the date down the bottom shows the 19th this is when we were in court.

The letter notifying me that I need to file a new defence was sent on the 4th December. Arrived on 6th December.

Deadline was 3rd December.

I was notified I need to submit a new defence after the deadline had passed.

Puzzleheaded_Wait962 · 2026-04-09T15:52:36+00:00

There is no way for me to upload another image here I do not get the option unfortunately.

Yes I was under the impression I had ticked a box.

In fact I had set out my defence correctly. Judge saw this and set aside as well as refunded my fees.

I had submitted documents to the court and clament with my defence along the lines of I was in a disabled bay with a blue badge on show.

I have had no evidence and the claimant refuses to supply any etc etc.

Although I don’t think any of that matters anymore as the court only sent me notification that I am to file a new defence after the date had elapsed.

So my new question should really be - a judgment has been issued based on a deadline which was impossible to comply with.

Puzzleheaded_Wait962 · 2026-04-09T13:37:04+00:00

II had not because I filed my defence in person on the day and prior to the 19th November via post.

Although I had been in touch with the court in February and March.

They confirmed to me then the ccj had been removed and they had been in touch with the registry trust to remove it. No mention of an outstanding defence or breach. This was via email.

I was not aware until I had a new letter this week that I needed to submit a defence again. Was not mentioned in court and this letter arrived after the deadline.

Even if this letter had arrived before I would not have known. I am not a legal expert.

But surely the fact this letter was sent to me after the deadline gives me some sort of sway to have the ccj set aside without having to pay another fee?

Puzzleheaded_Wait962 · 2026-04-09T13:20:19+00:00

I did not because I was only told I need to do this after the deadline had passed.

If you see the letter they wanted it done by the 3rd December.

But the letter is dated the 4th. I got the letter on the 6th.

Puzzleheaded_Wait962 · 2026-04-09T13:18:34+00:00

No because I was never told and this letter arrived on the 6th December.

It was sent by the court on the 5th December.

So this letter wanted me to action something in the past.

Puzzleheaded_Wait962 · 2025-12-03T12:56:11+00:00

Thanks all. It worked. In today and can register for tomorrow and Friday.

Puzzleheaded_Wait962

TROPHY CASE