CCJ, Addresses, parking eye and more advise needed please

Coupon-mad

I think be prepared to take along those photos, if the Courts set up a set aside hearing for you to attend. But if they don't need a hearing, and just set aside the CCJ based on the consent order signed by PE (and if you have paid PE as well?) then there will be no hearing and it should all now get waved through.

Nanchild

So would my supporting evidence for the set aside purely be the consent form, and a statement from me saying I wasn't at the property when it was issued and that I have been prompt to sort it out as soon as I found out?

Coupon-mad

Did you have to pay PE off, to get them to sign?

waamo

If PE are consenting to it you shouldn't need to build a defence as such. You are very much at the mercy of the judge.

If the judge doesn't mind credit repair arangements then you should be fine and dandy with very little effort. If they don't like such arrangements you may get a hard time. The fact you didn't get any paperwork should be enough to swing it in your favour.

Don't forget with the arrangement you have you are admitting the original debt and have paid it. You clearly have no defence so why go into one?

My suspicion is that courts are now starting to be a bit more wary of credit clamping for its own sake. FWIW I think you will get a set aside without too much trouble.

Quentin

If you are applying for a set aside by consent (is no hearing) then you don't need to show your defence.

Who drew up the request for pe to sign giving their consent?

Nanchild

Yes had to pay for them to sign it. I hope so waamo!!! I drew it up for them to sign, it was a copy an paste job from the internet from someone else who had success.

Quentin

As previously posted by sending in DIY consent forms you do risk the judge dismissing the request as a credit cleansing job.

If both sides get the request drawn up by a solicitor then it normally gets rubber stamped in the office

Nanchild

Why is that the case, I don't see what the difference between the the DIY and the 'pro' option. Surely they both have the same end game?

Nanchild

is this ok?

On behalf of: Defendant
Witness:
Date: 10.07.2017

IN THE Northampton County Court Business Centre CLAIM NO:
BETWEEN

ParkingEye LTD
CLAIMANT
V


DEFENDANT


WITNESS STATEMENT OF


1. I am xxxx. I am the Defendant in this case and I make this witness statement in support of my application to set aside the default judgment in dated [Pick the date of the default judgment .
2. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information or belief.
3. I found out about the existence of this judgment on the 05/06/2017 when I when I checked my credit file
4. The original claim was for over staying in a car park managed by ParkingEye LTD. I remember the day well as my son was ill, so we had to stay in the car park longer than intended, although we were using the carpark as customers.
5. The papers had not been sent to my current address. I enclose a Certificate of Motor Insurance as proof to my address at that time.
6. On 07 June 2017 I made a phone call to the Northampton County Court Business to request the details of the claim against me and they provided me with ParkingEye LDT’s contact details.
7. Many phone calls were made to them but they do not talk on the phone and state that email is the only means to call them.
8. On the 28/07/2017 I emailed ParkingEye LTD to request that the CCJ be set aside with consent, offering a Draft Order for them to sign.
9. On the 10/07/2017 I received the signed copy back to me.
10. CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

11. I Have moved promptly to resolve this issues as soon as I discovered it, this is not a case of intentionally ignoring court papers
12. In light of recent consultation plans by the government to protect people against these types of judgements going against them without their knowledge, I ask the Court to exercise its discretion in setting this judgement aside
STATEMENT OF TRUTH
I, [Enter your name] the Defendant, believe that the facts stated in this witness statement are true.


Signed
Date: [Enter date of signature]

DoaM

Please edit your post immediately to remove your personal info!