CCJ/N244 Form Advice

Umkomaas

A google of the car park in question says it is a company called Parking Eye but as I have not seen the correspondence, I not 100% sure.

If it is PE, they will usually play ball in terms of a set aside by consent. In fact they are probably the most helpful in that regard. The court will have the details of who the claimant was.

You haven't told us how much is shown on the CCJ, but the PE standard is £175.

In terms of dealing with this if by set aside without consent it will cost you £255, which will be very difficult to reclaim. If the set aside is granted, you will have to defend the original or new claim and should you lose, £175 will also have to be paid. There will be a lot of work to do in writing your Defence, your Witness Statement and you'll need to take a day off work to attend the hearing.

Potential cost - a minimum of £255, possibly £430 if you lose at the hearing.

A with consent set aside will likely cost you £175 (which is all PE is interested in) plus £100 court fee. Total £275.

So at best it will only be £20 more expensive than a set aside without consent, with its inherent risk that it will be a much greater amount if you lose at the hearing.

If you have an entitlement to fee relief (have you checked that yet?), then the equations are quite different.

Think them all through.

Somersethorn

Thank you very much for your responses.

I've had a detailed read through the forums and newbie post and understand the process much better.

Please can I just clarify that my understanding is correct. I appreciate this has all been done before, I just want to make sure I'm going down the right path.

To confirm - The charge is £197 and the Company is Parking Eye

Option 1

Apply for a set aside through the N244 form. This will require me to convince the judge of three items;
- That I have made your set aside application promptly
- That I have a valid reason for not responding to the original County Court Claim forms
- That you have a realistic prospect of a successful defense

Reading through the forum, a successful defense should be fairly simple using the boiler wording here. Is not receiving the papers (granted I did not update my V5C promptly) a valid reason for not responding?

I should also not pay the parking charge at this point, as this makes the third point above difficult to satisfy. If a set aside is successful, I can then move onto dealing with the parking charge.

Option 2

Pay the parking charge and get a set aside by consent.

Question - If my priority is getting the CCJ off my record, which of the two routes has the bigger chance of success? To be honest, I'm happy to pay both the court fees and parking fees, I just want the CCJ removed.

Thanks again everyone

nosferatu1001

Yes, it is a valid reason. You can show yo uwere "there to be found" at your new address as well? It would help if you knew WhEN they issued the claim, so you know WHICH address you would have been at.

Umkomaas

Option 2

Pay the parking charge and get a set aside by consent.

As PE seem amenable to a set aside by consent, I would say this is the most straight forward route. Cost £197 + £100 = £297. £42 more than Option 1.

I'm not sure whether it's just the way you've expressed the above statement, but for the avoidance of doubt, you don't pay the parking charge, then get a set aside by consent. You need to seek PE's agreement to work with you on this.

If you pay the parking charge, then ask for consent, you'll have pitched £197 into the black hole and you're still saddled with 6 years of credit pain.

Reading through the forum, a successful defense should be fairly simple using the boiler wording here.

If you're talking about defending the original PE claim, then it will not be 'fairly simple' at all. PE very carefully select their court cases and you'd need to put in significant research and effort to convince a Judge that you don't have a case to answer.

You're in danger, should you lose the case, of £255 (set aside fee) + £197 = £452 having to be found.

Somersethorn

Cheers guys, you've helped a lot!

I've decided to go for the set aside by consent route. I have emailed ParkingEye, and agreed to pay in full if they agree to a set aside by consent.

I've also filled in the N244 form (fingers crossed they agree). Please can you provide some clarity as to what I need to submit with the form. I know I need to ring up and pay the £100 and ask to submit via email. I will then submit the form with the signed consent form. Do i also need to provide details of why I am applying for the set aside and proof of me living at another address at the time of correspondence?

Just some clarity as to what i need to provide with the N244 form would be much appreciated.

Coupon-mad

Did you email the 'enforcement@' email? Only that one, that's the litigation team.

There are explanatory notes you can download re a N244, which should answer your queries, but I think a set aside with consent needs little or no explanation.

Somersethorn

Hi All,
Thank you for all your help.

I've managed to get ParkingEye to sign a Tomlin order, and have submitted a set aside order to the courts and paid both the charge and the court fees.

I have now received a brief letter from the courts that states "the district judge has deferred you application and has commented as follows 'judgement can only be set aside with good reason. Application required with full details.'"

There doesn't seem to be much guidance online. Any thoughts.

Thanks again for all your help

Le_Kirk

Go to the NEWBIE sticky post # 2 and scroll down (it's a long way) to here: -

HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?

Here's how -

There several links to various set aside threads.

Somersethorn

I have submitted the n244 form to the court, along with all the paperwork talked about in the newbie thread but have received a letter from the courts with the above message and a deferment of judgement.

I can't see anything on the threads about this. Have anyone any experience and how I should respond?

Thanks

Umkomaas

This is possibly a case of the Judge deeming this as a credit repair exercise, which some are reluctant to agree to simply rubber stamping. I guess they want to see that there were genuine reasons for the case not being defended.

But I'm not aware of the procedure through which to resolve this, or whether there is a cost. I'm not sure we've previously seen such a response from the court to a set aside with consent.

You might want to do a couple of things, as this is now drifting outside the scope of a parking forum into more complicated legal matters:

1. Ask for advice on LegalBeagles forum where legally focused/qualified people offer advice.

2. Phone the court and ask them to explain.

Best I can suggest.