We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Set Aside - Sent back to me
DFSurrey
Posts: 2 Newbie
Hi Everyone.
Using information from various threads and some of the excellent advice around, I managed to have Parking Eye consent to a set aside due to wrong address which was proved. I decided to go down the route of settling with them based on signing a set aside (I followed old advice and ignored original letters, but CCJ default completed to a very old address). Plus, I did not have the time or effort or knowledge to try to fight it uncontested. I settled with a 50-50 split with PE.
I sent the N244 and the consent order to the court and paid, and have just had this response. I can't find similar anywhere and do not understand it. Could anyone help me understand what they are saying and if this means I will not be able to get the CCJ removed?
Link directs to image of consent order and letter back from NCCBC.
Edit: Struggling to put links in. Best Way?
The letter back from the court states 'Following a recent clarification from district Judge Murdoch, please note that the court can not mark the claim as withdrawn. If the claim has been paid in full, you may request that the claim is marked as paid. ' It then goes on to talk about discontinuance which I can't find a detailed description of what this is but I think it would not lift the CCJ.
My by consent draft order stated:
The default judgement be set aside.
The claim is withdrawn
The defendant pay the claimant £75 in full and final settlement
There be no order to costs.
Do I just need to reword the 'withdrawn part'?
Thank you.
Using information from various threads and some of the excellent advice around, I managed to have Parking Eye consent to a set aside due to wrong address which was proved. I decided to go down the route of settling with them based on signing a set aside (I followed old advice and ignored original letters, but CCJ default completed to a very old address). Plus, I did not have the time or effort or knowledge to try to fight it uncontested. I settled with a 50-50 split with PE.
I sent the N244 and the consent order to the court and paid, and have just had this response. I can't find similar anywhere and do not understand it. Could anyone help me understand what they are saying and if this means I will not be able to get the CCJ removed?
Link directs to image of consent order and letter back from NCCBC.
Edit: Struggling to put links in. Best Way?
The letter back from the court states 'Following a recent clarification from district Judge Murdoch, please note that the court can not mark the claim as withdrawn. If the claim has been paid in full, you may request that the claim is marked as paid. ' It then goes on to talk about discontinuance which I can't find a detailed description of what this is but I think it would not lift the CCJ.
My by consent draft order stated:
The default judgement be set aside.
The claim is withdrawn
The defendant pay the claimant £75 in full and final settlement
There be no order to costs.
Do I just need to reword the 'withdrawn part'?
Thank you.
0
Comments
-
I think so yesAlthough a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
-
Do I just need to reword the 'withdrawn part'?
Correct. A claim cannot be 'withdrawn' in legalese, it must be discontinued.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.3K Banking & Borrowing
- 254.4K Reduce Debt & Boost Income
- 455.4K Spending & Discounts
- 247.2K Work, Benefits & Business
- 603.9K Mortgages, Homes & Bills
- 178.4K Life & Family
- 261.4K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards