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  • FIRST POST
    • stillnoname
    • By stillnoname 4th Dec 17, 9:25 PM
    • 15Posts
    • 10Thanks
    stillnoname
    Help ! Have Parking Eye CCJ. Prefer set aside with consent. but How?
    • #1
    • 4th Dec 17, 9:25 PM
    Help ! Have Parking Eye CCJ. Prefer set aside with consent. but How? 4th Dec 17 at 9:25 PM
    Hello all,

    I've noticed now that I've got a CCJ on my record. This is for Parking Eye. After doing some research, I think the best (fast and hassle free) option would be to pay Parking Eye with set aside by consent.

    Can someone share how to go about this? Does anyone have a successful template that can be shared for a consent form that could get this done without a hearing? Or am I wrong in my understanding.

    Any help would be appreciated!

    thanks in advance
    stillnoname
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Page 1
    • Umkomaas
    • By Umkomaas 4th Dec 17, 9:41 PM
    • 15,951 Posts
    • 24,744 Thanks
    Umkomaas
    • #2
    • 4th Dec 17, 9:41 PM
    • #2
    • 4th Dec 17, 9:41 PM
    Why have you got a CCJ against your name?

    How old is it?

    PE might accept a ‘with consent offer’ providing you pay them what they want and you pay the £100 set-aside fee.

    If you’ve got good reason for it to be set aside, like a change of address with court papers going to the former address you could well get an automatic set aside. The fee for that (unless you’re on a raft of benefits) is £255, which might be cheaper than the overall consent set aside. But it does open you up for a repeat claim for the original PCN which you will have to defend. Lose and then pay PE’s PCN, their (limited) court costs and your £255. Win and you're likely to get your £255 back.

    Even if PE don’t reissue their court claim, the judge could order them to repay your £255 set aside fee.

    None of the above provides any guaranteed outcome.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Johnersh
    • By Johnersh 4th Dec 17, 10:12 PM
    • 749 Posts
    • 1,392 Thanks
    Johnersh
    • #3
    • 4th Dec 17, 10:12 PM
    • #3
    • 4th Dec 17, 10:12 PM
    None of the above provides any guaranteed outcome.
    Well, strictly speaking, a consent order does. However, PE need to agree and you'd need to pay.

    In terms of how you go about it, you write to them with details of the claim and ask them to agree to a set aside, conditional on your payment. If they refuse, there's rather less incentive to pay promptly. As such, there may be some attraction to them with such a proposal.

    That said, the existence of the CCJ doesn't mean it couldn't have been defended or that you can't apply to set aside - if there is reason to.

    The choice of what next is entirely yours.
    • stillnoname
    • By stillnoname 4th Dec 17, 10:16 PM
    • 15 Posts
    • 10 Thanks
    stillnoname
    • #4
    • 4th Dec 17, 10:16 PM
    • #4
    • 4th Dec 17, 10:16 PM
    While researching on internet, I found a site and thread that seemed to be what I'd want to do. Posting link here in case it helps others who are in similar position to me.

    http://legalbeagles.info/forums/showthread.php?87825-Parking-Eye-CCJ-Set-aside&p=690587#post690587
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