N244 CCJ - Civil Enforcement Ltd

Rocky88

Hi guys just looking for advice on a couple of points.

I’ve had a CCJ against me, only discovered on Monday due to a credit search online. It relates to a parking incident which happened in August 2018

Unfortunately I didn’t update my V5 so didn’t receive any correspondence. I’m sure this has happened to quite a few people!

My two main questions.....

Do I need to submit any evidence about the actual parking incident along with the N224? Or is it purely to challenge the fact that I couldn’t respond to the parking notice? Reason I ask is I’ve gone through lots of threads on here and people have said the set aside is also about being able to show the judge you have a case to argue? How can I contest it at that stage without going into any details?

Secondly, I have all my council tax yearly bills from Nov 2016 when I moved house. Should I copy these and send with the N244 as substantial proof I could not have received any correspondence for the company?

Many Thanks,

Coupon-mad

Do I need to submit any evidence about the actual parking incident along with the N224?

No, but be ready at the hearing to briefly summarise a defence to show you have prospects of success.

Secondly, I have all my council tax yearly bills from Nov 2016 when I moved house. Should I copy these and send with the N244 as substantial proof I could not have received any correspondence for the company?

Nope, not sure how they prove you 'could not' have received a letter where you should have had your post redirected, as people do when they move house (well people of my generation do!).

You need to send your N244, the fee (if you pay court fees), your WS and your draft 6 point Order that you want the Judge to add real dates to...like in all recent set aside threads.

The_Deep

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

Rocky88

Thanks for the replies.

The N244 was submitted, I have received confirmation it has been passed to my local court. I have also received a letter from CEL.....

‘We have looked at the evidence you have attached and are prepared to consent to your application to set aside judgement, removing it from your record. We will discontinue the claim against you for non payment of the PCN, with no order as costs.’

Now I am just very keen to see the back of this I have a mortgage renewal upcoming. I know it means footing the N244 £255 costs. Do I need to be aware of anything else? How do CEL go about removing the CCJ? What should my response be? Do I need to put that I want written confirmation they have contacted the court to confirm they have consented to the judgement being set aside?

Thanks for all the help.

Coupon-mad

I would tell them no, but you will settle without a hearing if they:

- pay you back your £255 court fee (proof of paying it attached) and

- provide, or undertake to provide, a consent order this month and

- confirm that the matter is closed and the CCJ is to be wiped with no charges of any kind being paid by the defendant.

I doubt you are renewing your mortgage over XMas so try the above.

Also set aside hearings are pretty quickly arranged. Might be as early as January at your local court and the CCJ will be removed.

Rocky88

Thanks for the swift reply.

Will it need a consent form even though a N244 has already gone in and registered?

Are they stating that they will pay it or is it something I will have to do? If I go by that statement on the letter they sent?

Thanks again.

Coupon-mad

Who knows, which is why you need to nail them down on what they actually mean.

Rocky88

UPDATE.

CEL have sent me the following letter...

'We confirm we will write to the court informing the listing/manager that we consent to your application to set aside on the terms set out in the draft order. Hopefully the court will then deal with the application without a hearing, approve the draft order and remove the judgement from your record at the earliest opportunity.'

DRAFT ORDER sent by CEL

1. Judgement for the claimant in this matter be set aside forthwith
2. The proceedings in the action are dismissed
3. Each party shall bear its own costs of this application and the claim in general.

Now I'm fully aware CEL want to do everything they can to not attend court and face paying my costs. However at this stage I just want this whole episode done with so i can get about sorting my mortgage applications.

My questions are do i just need to date and sign this new draft order and send onto the court? Also will it come with the £100 consent form fee even though it isn't a consent form as such, and that I've already done the N244 form that instigated the response from CEL.

Thanks in advance.

nosferatu1001

Yes, that would be YOUR consent to the order they propose
If youve already paid the fee for an applicaiton WITH a hearing, you should not need to pay another fee to change it to NO hearing

Rocky88

Thanks for the swift reply.

Do I need to send a copy to CEL? Will i need anything else from them?

Shall i include the letter they sent to me when posting this to the court?

Thanks again.

Coupon-mad

Are CEL not asking you to pay the PCN? You should not have to pay them off for a false claim that is easy to defend once the CCJ is removed.

I wonder if the court would refund the difference if a Defendant agrees to this and points out that they wish to change their request to 'without a hearing' because the Claimant now recognises that their claim was not properly served and consents to the N244 application?

Not seen it done before but I have seen that BW Legal got a refund on one of their N244 fees from Southampton (I think because more than one case was amalgamated into a single hearing). So it must be worth asking to remove the 'hearing' element from the N244 and ask if the court will allow the cost to be £100 'set aside with consent' and avoid a hearing.