CCJ set aside by consent, CHALLENGED

DancingAlfie88

Just to add, this is the full comment from the Adviser in the letter - 

‘Please provide reason as to why the judgment should Be set aside. The court has to consider such an application under CPR 13.3. There needs to be a real prospect of a successful defence or some other good reason to enable the court to exercise its discretion. A consent order is not sufficient reason. The comments in the recital are noted however further information is required. Details are required as to why the defendant didn’t receive the papers, including a relevant timeline. Please clarify if you intend a Tomlin Order including a stay and provide an amended order if appropriate. 

Please liaise with the other party then together submit a response including an amended draft of the consent/Tomlin Order if necessary signed by both parties or their representatives, along with any additional information required as per the deputy district judges instructions.’ 

henrik777

Another person who shines their "i'm in charge" badge every day. Maybe if they read CPR 1  and took a day off of the brasso use they'd not look like a donkeyhole.

Any way what did the draft order between you and Parking eye say.

DancingAlfie88

henrik777 said:

What are the terms of the order ?

1. The judgment entered on XXXXX is set aside. 

2. The registration entry be and is hereby cancelled. 

3. There be no order as to Costs. 

Schedule- 
- The defendant shall pay the claimant the sum of £197 within 14 days of receiving The sealed court order. 
- The sum referred to in paragraph 1 is paid and received in full and final settlement of all matters brought under claim XXXXX 


(I’ve not disclosed dates and case numbers for obvious reasons) 

henrik777

So a defence is pointless as if you agree to pay then you agree to pay.

Cases where the court may set aside or vary judgment entered under Part 12

13.3

(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.


So 13.3(1)(a) is out.

This leaves (b)(i)

Essentially, didn't get any paperwork, the resultant CCJ is restrictive in living life due to mortgage etc etc Evidence of dodgy post etc

Duty of the parties

1.3

The parties are required to help the court to further the overriding objective.

The overriding objective

1.1

(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.

(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable –

(a) ensuring that the parties are on an equal footing;

(b) saving expense;

(c) dealing with the case in ways which are proportionate –

(i) to the amount of money involved;

(ii) to the importance of the case;

(iii) to the complexity of the issues; and

(iv) to the financial position of each party;

(d) ensuring that it is dealt with expeditiously and fairly;

(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; and

(f) enforcing compliance with rules, practice directions and orders.

Given the over riding objective and being agreed by the parties the court should have rubber stamped it and moved on. IMHO.

Redx

DancingAlfie88 said:

Ahhh @Redx !! 

I understand what you’re saying about the different now!  YES!!! 

This is what I thought too! Which is why I’m so confused and stumbling? It’s almost like they’re treating it like a n244 £255 set aside? 

BUT I HAVE CONSENT? 

Confusion totally understood! And whole reason I am here. ☺️ 

correct , you talking about defending the case has no relevance

you paid for a £100 with consent set aside after obtaining consent from PE , SO YOU ARE NOT CONTESTING IT AT ALL !!

as henrik said , they should have rubber stamped it

we thought you meant that YOU had a legal advisor who was handling the case

so just to be clear, you did not pay for a contested set aside at £255 , so you are not contesting it and they have no reason to believe you were contesting it when you paid the lower fee

the proof of the objective is in the fee paid

DancingAlfie88

Massive Thankyou @henrik777 ! 

I will call the CCBC helpline first thing Monday morning and hopefully get this resolved. I will keep the thread up to date incase anyone else finds themselves in this situation. 

DancingAlfie88

Massive Thankyou @henrik777 ! 

I will call the CCBC helpline first thing Monday morning and hopefully get this resolved. I will keep the thread up to date incase anyone else finds themselves in this situation. 

Coupon-mad

CCJs to old addresses are of particular concern to the MHCLG who are currently working on a new code of practice for this industry.  Someone like yourself is the sort of person they want to hear from because there is a double consultation out right now.  Please look at the new Code of Practice (or takes a while) and think how your situation could have been avoided and what needs to be added to the new Code to make sure that PPCs make more effort to find addresses BEFORE filing court claims.  

Also, consumer groups have huge concerns about the amount of the parking charge being 3 figures.  BUt you need to do this in your own words (please fit this in, this week!):

An urgent task – deadline approaching in a week or so:

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. 

Does it go far enough?  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!

 

henrik777

I don't think the help line will be any use.

Just put it in writing about no papers, dodgy post, extra financial burden due to factors outside your control etc and then make out like the consent order is the cheapest way to deal with it and places the least strain on the court service.

DancingAlfie88

Hi all! 

Massive Thankyou agin for keeping me sane while the Micky Mouse Court House made mistake after mistake with my case. 

I had the letter through today stating that the order has now been GRANTED! 

8 months later! 

I could not have done it without the gurus on this forum so from the bottom of my heart, Thankyou!

Anyone reading this because they’ve been given a CCJ from PE or another cowboy company, please keep researching this forum and DONT GIVE UP!