Application to remove CCJ by consent

Bainsy2

Hello, 
I've been through the various threads on this site but am still slightly unclear on what I need to submit to the courts in order to get a CCJ set aside by consent. I've for the set aside by consent order signed by the claimant. I understand the need to also submit a N244 but is there anything else required? Do I need a covering letter for instance, and if so what points should this cover?

Thanks

D_P_Dance

I've been through the various threads on this site but am still slightly unclear on what I need to submit to the courts in order to get a CCJ set aside by consent.

Have you looked elsewhere?   There appears to be a lot of information here,

https://www.google.com/search?q=set+aside+ccj+by+consent&oq=set+aside+CCJ&aqs=chrome.1.0l8.8866j0j15&sourceid=chrome&ie=UTF-8

Bainsy2

Thanks, yes I've also searched Google but the advice in some instances is conflicting so looking for a more concrete response before submitting. I don't want to send through the application with missing info etc. 

Le_Kirk

Bainsy2 said:

Hello, 
I've been through the various threads on this site but am still slightly unclear on what I need to submit to the courts in order to get a CCJ set aside by consent. I've for the set aside by consent order signed by the claimant. I understand the need to also submit a N244 but is there anything else required? Do I need a covering letter for instance, and if so what points should this cover?

What various threads have you been through?  There is only one thread you need and that is the NEWBIE sticky.
When you read the sticky, did you find this bit in the second post?

HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?
DO NOT ring the parking firm up...and do not just pay! Read this thread for what to send with your N244:
https://forums.moneysavingexpert.com/discussion/6134970/surprise-ccj-please-help/p1

There is more if you continue in the second post of the NEWBIE sticky.

Bainsy2

Thanks, yes I've been through the newbie section and prior to having recieved consent from the claimant to set aside the judgement, I was using the thread you mentioned as a basis for my documents. Now I've got a signed consent form I'm looking at what documents I need to support this. I've gone through the newbie section and covered other posts but can't seem to find a definitive response. If there is one please point me in the right direction. Many thanks 

Le_Kirk

Did you follow the link and read the post by @123MrsT?  On the 4th page there is this: -

That is such a comprehensive set of set aside documents and good preparation that I've decided to link your thread to the NEWBIES thread now, as a recent 'what to do to set side a CCJ' example of the bundle that goes with the N244.

Just before that (page 3 I think) is the witness statement, draft defence and six-point draft order that prompted @coupon_mad to post the glowing quote above.  Also, if there is not enough in that thread by MrsT, search for and read posts by @henrik777

henrik777

An application form, the consent order, a draft defence, and probably not a witness statement since it's consented although it won't hurt.

Basically,

Here's what we want (agreed)
Here's why it should happen (defence, plus we agreed)

Bainsy2

Thank you Henrick777 much appreciated. 

Coupon-mad

 Do this please, because the MHCLG are keen to hear from people like you with CCJs and to find a way to stop this happening to people in future.  Also comments are invited about the whole Code of Practice and most people feel that parking charges (double the amount of Council ones) are extortionate.

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED:

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1