CCJ parking fine support

jayM_2

Redx said:

Your thread title and your initial post mentions it !!

Fair point. Noted and I will make sure that the word is not used again. 

jayM_2

jayM_2 said:

Coupon-mad said:

2. Costs to be reserved.

Why, if they won't consent, are you not just asking for your costs to be awarded by the Judge to be refunded by CEL?

I don't quite understand, what should I be asking for? Should I just removed the sentence?
I have not heard back from CEL (yet), so I am not sure if they are consenting or not. 
Any advice on this would be great, it may be the jargon that is being used that is throwing me a little.

Is the following wording more appropriate in the case I don't hear back from CEL for consent set aside?
"The Claimant to pay the Defendant’s costs of this application to the sum of £255"

jayM_2

I have several follow up questions... 
1) If I don't hear back from CEL with regards to my consent order request. Does that mean it is a contested set aside and I pay £255 to CCBC?
2) Then do I have to submit a defence with my N244 form along side my witness statement and draft order?
3) Or do I only provide a defence following my first hearing after I have submitted the N244 form and have my set aside hearing? - I believe this is the correct method (if I don't hear back from CEL) however, is there any benefit of having a draft defence sent with the N244 form?

From what I can tell, there is three potential outcomes which hopefully I will have more clarity this week once CEL's deadline is up.  
A) CEL respond back to my consent order and I just pay £100 to CCBC but I need them to file it.
They don't respond and is this then considered a contested consent order (as per question 1 above).
C) They respond not agreeing to my consent order and it then considered a contested order (and as part of question 2 above).
I am terrible sorry if I am confusing this drastically... I am quite new to this all and I have read a few takes on it. 

Coupon-mad

1) If I don't hear back from CEL with regards to my consent order request. Does that mean it is a contested set aside and I pay £255 to CCBC?

Yes, and CEL won't consent without wanting a stupid amount of money to pay off the PCN as well (which is NOT the point!).

2) Then do I have to submit a defence with my N244 form along side my witness statement and draft order?

No but you will need a draft defence in your back pocket for the hearing about the CCJ.

From what I can tell, there is three potential outcomes which hopefully I will have more clarity this week once CEL's deadline is up.  
A) CEL respond back to my consent order and I just pay £100 to CCBC but I need them to file it.

Will never happen. CEL only 'consent' by misleading people that they have to pay off the PCN.  That is not what set aside is about.

B ) They don't respond and is this then considered a contested consent order (as per question 1 above).

Yes.  And you must pay £255 unless you qualify for help with fees.

jayM_2

Coupon-mad said:

1) If I don't hear back from CEL with regards to my consent order request. Does that mean it is a contested set aside and I pay £255 to CCBC?

Yes, and CEL won't consent without wanting a stupid amount of money to pay off the PCN as well (which is NOT the point!).

2) Then do I have to submit a defence with my N244 form along side my witness statement and draft order?

No but you will need a draft defence in your back pocket for the hearing about the CCJ.

From what I can tell, there is three potential outcomes which hopefully I will have more clarity this week once CEL's deadline is up.  
A) CEL respond back to my consent order and I just pay £100 to CCBC but I need them to file it.

Will never happen. CEL only 'consent' by misleading people that they have to pay off the PCN.  That is not what set aside is about.

B ) They don't respond and is this then considered a contested consent order (as per question 1 above).

Yes.  And you must pay £255 unless you qualify for help with fees.

Thanks coupon-mad. So come Tuesday (5 day deadline is over for CEL to respond to the consent order), I send this N244 form and £255. As I have a little time until then, should I provide a draft defence or just wait until the hearing? 

nosferatu1001

The draft defence is the newbies thread one. It's gonna take, at most, ten minutes. 

jayM_2

nosferatu1001 said:

The draft defence is the newbies thread one. It's gonna take, at most, ten minutes. 

Okay, perfect. I will add this to the N244 form too prior to issuance on Tuesday. 
Thanks for your prompt reply. 

Redx

Read the recent post by Johnnersh last month explaining set asides

Bear in mind it's two hearings , not one

You have to obtain the set aside first , the first judge will not be dealing with the original court claim or PCN

If you are lucky the judge will rubber stamp the set aside application

Read a few other set aside threads from last month for detailed explanations

The actual court case will be at a later date if the set aside is granted , most are if done promptly

jayM_2

Redx said:

Read the recent post by Johnnersh last month explaining set asides

Bear in mind it's two hearings , not one

You have to obtain the set aside first , the first judge will not be dealing with the original court claim or PCN

If you are lucky the judge will rubber stamp the set aside application

Read a few other set aside threads from last month for detailed explanations

The actual court case will be at a later date if the set aside is granted , most are if done promptly

Thanks Redx, I did see this. However, is there any harm having the draft defence ready and issued with the N244 form? It is only a draft and it can be amended for the second hearing if need be. 

nosferatu1001

There's literally no harm.  Shows you have a reasonable chance of defence.