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CCJ - applied for, letter from company received. What do I do next?

aoc45
Posts: 9 Forumite

So I have just applied to have my CCJ set aside for a parking fine sent to an old address, I moved out a while ago. I sent my N244 application to the courts with my defence and dates to prove along with my new address. The date of offence was about a month or two before I changed my address with the DVLA (wasn't 100% sure I would be living where I am)
After a couple of weeks I received nothing from the courts, I phoned them and they said unless you email them to notify them they will always send correspondence to the address on the judgement.
Since then I have received a letter from "Civil Enfor*****" stating the following:
"We refer to your application to set aside a judgement which hs been forqarded to us by the country court business centre.
We note your grounds for setting aside judgment, which state that you had moved adddress before the violation occured. We were provided with your registered address by the DVLA following the date of the violation. As you may be aware, it is an offence (punishable with a fine up to £1000) to fail to promptly notify the DVLA of a change of address.
As you do not deny being the registered keeper at the time of the violation and because you have not shown any grounds in your application that you have any reasonable prospects of defending the claim, it is our position that your application to set aside judgment will be refused. Even if the application is granted, it is our intention to porceed with the claim against you.
However, bearing in mind this process can take time and will incur unneccesary costs for both parties, we will consent to setting aside judgment (to support your application) and to discontinue the claim against you, if you agree to pay the original £60.00 parking charge plus the administration costs and fees we have incurred in trying tor ecover payment of the pcn, limited £25.00, making a total of £85.00 each party will bear its own costs of this applcation. Upon receiving payment, we will provide you with a draft order confirming the above, to file with court in support of your application.
(insert payment details below)*
Yours faithfully,
...."
Are these scare tactics or should I just pay the £85 to put it to bed?
If I pay the £85 will the CCJ dissappear?
Thank you
After a couple of weeks I received nothing from the courts, I phoned them and they said unless you email them to notify them they will always send correspondence to the address on the judgement.
Since then I have received a letter from "Civil Enfor*****" stating the following:
"We refer to your application to set aside a judgement which hs been forqarded to us by the country court business centre.
We note your grounds for setting aside judgment, which state that you had moved adddress before the violation occured. We were provided with your registered address by the DVLA following the date of the violation. As you may be aware, it is an offence (punishable with a fine up to £1000) to fail to promptly notify the DVLA of a change of address.
As you do not deny being the registered keeper at the time of the violation and because you have not shown any grounds in your application that you have any reasonable prospects of defending the claim, it is our position that your application to set aside judgment will be refused. Even if the application is granted, it is our intention to porceed with the claim against you.
However, bearing in mind this process can take time and will incur unneccesary costs for both parties, we will consent to setting aside judgment (to support your application) and to discontinue the claim against you, if you agree to pay the original £60.00 parking charge plus the administration costs and fees we have incurred in trying tor ecover payment of the pcn, limited £25.00, making a total of £85.00 each party will bear its own costs of this applcation. Upon receiving payment, we will provide you with a draft order confirming the above, to file with court in support of your application.
(insert payment details below)*
Yours faithfully,
...."
Are these scare tactics or should I just pay the £85 to put it to bed?
If I pay the £85 will the CCJ dissappear?
Thank you
0
Comments
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Sounds a good offer.1
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Deleted_User said:Sounds a good offer.0
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Yes. The alternative is to try to fight the original ticket. You can get advice on that on the motoring board, but if the CCJ is granted, it would be very hard to get it overturned.1
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Take the deal.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter1
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Ask for the concent order, cost you less that the set aside, they are a fair parking firm out of the bunchDon't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.1
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Take the offer, and just pay up. a CCJ will cost you a tonne more issues. There offer is reasonable. I'd personally jump on it0
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