CCJ Set-Aside

Coupon-mad

Well your WS for the set aside isn't meant to be a defence about the claim anyway. It's meant to be about not getting the claim form and why, and that you were there to be found and they didn't bother to trace your current address.

Another post this morning that I've just posted a reply on, set their case out clearly and quoted from the 2018 consultation on CCJs and debt claims from rogue parking firms.

I would too, if I were you. No link - read today's posts like we do!

And you need a draft order for the Judge to fill in, as you see in all the other set aside threads here (we have loads). Copy from them.

Le_Kirk

Upon the Defendant informing the Claimant that they no longer lived at the address that was provided to ParkingEye by the DVLA;

BY CONSENT IT IS ORDERED THAT:

1. The Judgment entered against the Defendant on XXX is hereby set aside.
2. The claim stands dismissed.
3. There shall be no order as to costs.

Just wondering what the emboldened means; to me it seems to say that the original claim is dismissed now or is it only if/when it is set aside?

Coupon-mad

I think it's just a consequence of the set aside. Legalese wording.

87Thursday

Ok, great. I've read that other post, thanks. If I proceed 'with consent,' am I right that I:

Sign and return via email PE's proposed consent order letter.
They request the claim amount, I pay them.
I submit the N244 to the court with £100, selecting the 'no hearing' box.

I assume, "The claim stands dismissed" doesn't mean PE are no longer chasing the money?!

Coupon-mad

Sounds right. Not a great choice though IMHO, unless your case is like P/Eye v Beavis.

You will know they are chasing the money as they will tell you how much to pay. It's up to you of course, your money, but I hope you find another way to get revenge by way of MP and landowner complaints, if you pay them. I wouldn't, as I said:

the 'with consent' one means you pay P/Eye off as well - NOT GOOD if you feel you have grounds to defend, as it means you've been scammed and paid and there is no ongoing claim to defend.

Most people here do the £255 set aside, but email like I said, and P/Eye will at least be clear with on what's involved. They are at least reliable with that and they will do it with consent.

I wouldn't, but that's because I'd want to defend the case. That's my view though, because I hate parking firms and know almost every case can be defended & won.