(Yet another) DCBL Letter - I've dropped a clanger. What are my choices?

Coupon-mad

We see 99.9% of set asides granted.  I can only ever recall TWO that were wrongly refused by a Judge, in years!   So why on EARTH would anyone do this instead?

Are my choices limited to paying the debt, and then having on a record a 'satisfied' CCJ? 

bobsy31

Hello everyone - an update on this particular (basket) case of mine.
 - I have a court date confirmed for August. They've sent a letter to confirm the particulars and included the forms I filled out in the letter.
- I heard back from ParkingEye, this was their response:

We acknowledge the evidence that you have provided and as a gesture of goodwill, ParkingEye is willing to consent to the setting aside of the judgment in default given the evidence provided.

Please find attached the proposed consent Order. If you are agreeable to the terms of the same, we would kindly request that you sign and file this document with the court. Please note that you will be responsible for the fee for submitting the order to the court, which would amount to £100 and be payable to Her Majesty’s Courts & Tribunals Service.

I'd appreciate any help on the following:

1) Ahead of the court date what else do I need to do with respect to the County Court? I can get a witness statement from the person who I was meeting to help my case

2)  I need to provide the court with the consent order form from Parking Eye. Is there anything else in that respect?

3) As it stands the total cost of my clanger is £255 (paid to the court) and £100 (to be paid to the Tribunals service) - is that right?

Here is what the form says:

Upon the Defendant informed the Claimant that they were a patron at the time of the parking event;

BY CONSENT IT IS ORDERED THAT:

1. The Judgment entered against the Defendant on ****** 2020 is hereby set aside.

2. The claim stands dismissed.

3. There shall be no order as to costs.

Coupon-mad

As it stands the total cost of my clanger is £255 (paid to the court) and £100 (to be paid to the Tribunals service) - is that right?

No they are both court fees. They mean the same thing.

I wonder what @henrik777 advises because, not being a set aside/court order expert myself, I am scratching my head to work out if you can simply email the court and say that the hearing may be vacated to save the court's time and expense, because you have continued to negotiate and the Claimant has agreed to a set aside with consent.  And just send the court that consent.

I don't see why you need to reapply and pay money on top of the £255.

The trouble with all this is, you are left with the £255 fee not being refunded by ParkingEye.  But I think this is the best you can hope for because, am I right that they did nothing wrong re service of this claim and you binned it?

henrik777

1. Were they asked prior to the application being made for consent ?
2. They're offering a very tasty looking consent order, which makes me wonder ? (because this makes me think they'd probably incur the costs whether that's £100/£255)
3. I don't know about converting from hearing to non hearing and any fee adjustments. However without an adjustment i'd just pitch up at the hearing with the consent order and inform the court thus saving £100.  However i'd be contacting the court to try and get it converted to without a hearing first.

bobsy31

Coupon-mad said:

As it stands the total cost of my clanger is £255 (paid to the court) and £100 (to be paid to the Tribunals service) - is that right?

No they are both court fees. They mean the same thing.

I wonder what @henrik777 advises because, not being a set aside/court order expert myself, I am scratching my head to work out if you can simply email the court and say that the hearing may be vacated to save the court's time and expense, because you have continued to negotiate and the Claimant has agreed to a set aside with consent.  And just send the court that consent.

I don't see why you need to reapply and pay money on top of the £255.

The trouble with all this is, you are left with the £255 fee not being refunded by ParkingEye.  But I think this is the best you can hope for because, am I right that they did nothing wrong re service of this claim and you binned it?

The simple answer to your question, yes. 

So if I am understanding right, if I send the PE Letter confirming the above to the court then the CCJ will be removed? Potentially without me having to attend the hearing?

The 255 fee - I guess I have to stomach that as I;m not getting it reimbursed. I could've taken a bigger risk on not applied via the court when I did but was already over 3 weeks in before I submitted it. 

nosferatu1001

Its a very tasty order. 
Yes, you could send that into the courts, with a covering letter, asking if htey will
- convert this to an application without hearing as the set aside is by consent
- file the consent order with your papers so the judge can see whats what
- if they will kindly reimburse you £155 as the hearing is no longer required

Dont ask, dont get, but be nice - AFAIK they can say no to that

bobsy31

Thanks everyone. I will update on here what the courts say. Fingers crossed. 
Judging by the more recent replies of it being a 'tasty' I have reason to be a little bit hopeful, though we shall see.

Thanks again

bobsy31

Morning everyone. So I got a call from the County Court.
She says that the judge will review the Consent order, and it may be that I don't have to pay the 100 pounds for it.
I asked about the 255 I paid for the set-aside, and she said it is 'most unlikely'.
I've been asked to put it all in writing. Aside from the working, you have suggested in this thread to "kindly reimburse you £155 as the hearing is no longer required", is there anything else I can say that may sway the judge's mind?
Thanks

Coupon-mad

Try asking for the court to decide of its own discretion, that the costs be ordered against the Claimant anyway.  Someone got that from their court (reported yesterday) despite the consent order wanting 'no order as to costs'.  Say why you object to that part of the Claimant's consent order.

bobsy31

Coupon-mad said:

 Say why you object to that part of the Claimant's consent order.

Thanks.
I'm trying to figure out what I could say, especially as in my case there is incompetence / ignorance on my part. I can show I was parked legitimately and have proved that. Which is why I may have the 'tasty order' as described earlier by others.
So if object on the grounds of:
- I contacted the hotel at the time and was under the impression it was dealt with (sounds lame)
- Did not receive/ignored prior letters (more lame)
- I contacted claiman and they took 2 weeks to reply, and hat to apply for a set-aside request 

Any suggestions?