CCJ parking fine support

Coupon-mad

jayM_2 said:

Hi all,
I received a consent order response from CEL. Please see an extract below:

"The CCJ will be marked as satisfied once payment is received in full, however it will not be removed

unless an application to have the Judgment set aside is successfully made with the Court.

There are particular circumstances in which the Court may set aside judgement – the main reason is

where it appears to the Court that there is a good reason for setting aside Judgment. An example of a

good reason is that you did not receive the claim form and were therefore unaware of the claim. The fact

that you have subsequently settled the Judgment debt is not ordinarily a good enough reason to allow the

Court to set aside Judgment.

We invite you to inform us of why you failed to respond to the claim before judgment was entered. If

you are in any doubt about the content of this email, you should seek independent legal advice. We will

agree to your application to set aside the Judgment if the Judgment debt is satisfied."

By the sounds of it, they want me to provide further evidence however, I thought my consent letter (via email) provided this already (obviously not enough or they didn't read it). Therefore, shall I just go down the non consent order now? 

As I said, they are trying to get you to pay the PCN at a stupid rate of money, plus £100 for a consent set aside.  This is what I said they would do and NOT what anyone should be doing (no paying them for the PCN):

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.

nosferatu1001

You know they're not going to consent unless you pay them. You've been told this and your review of other threads will also confirm this. 

jayM_2

Hi all,
Thanks for the feedback and I know you have provided excellent feedback on this already. I do agree it is extortionate and it is not right but I was purely looking at it from a cost perspective at this stage as the outcome will be similar in both options (e.g. set aside my CCJ from my record and a cost impact). 

Option 1: full consent option will cost in the region of £450.
Option 2: non consent option will cost in the region of £350 (if like many other others in these threads do not get back their £255 initial cost back). 

Therefore, there is potentially only a £100 difference however, I do agree it is the principle of it. Unless I have missed something? 

Redx

A loss in court is the initial  £100 plus legal and Court fees of say another £100 added on , making £200 in total as an approximate figure , add on the £255 set aside fee and option 2 is a total loss of say £455 , unless the additional charges are struck out

A win in court could see full reimbursement and so zero cost

A with consent is the CCJ amount plus £100 , so option 1 may be similar at say £455 if the CCJ is £355 , £355 plus £100 = £455 (how much is the CCJ ?)

Until you decide which path you are choosing , it cannot move forward

Coupon-mad

Option 2: non consent option will cost in the region of £350 (if like many other others in these threads do not get back their £255 initial cost back). 

No, it won't.  Without consent CCJ set aside is £255.  Nothing else.

You are missing the point. YOU WON'T BE PAYING THE PARKING CHARGE.  I've said that 3 times now.

jayM_2

Sorry for the repetitive questioning … so the difference is most likely £200 between the 2 options (assuming I win, as per Redx post) and option 1 has less court interaction. 

Coupon-mad

Or, it's free of any charge if you get the £255 refunded by the Claimant, as the two examples in the NEWBIES thread both did.  It's not rare.  What is as rare as hen's teeth is seeing CEL win a case against a forumite.

jayM_2

I am going down the non consent rout following the advice. 
On the N244 form, do I put the claim number of the case number in there? When I spoke to CCBC they said the case number which has a few letters in it rather than the claim number which is just numbers. I am confused and it just may be the terminology used. 

jayM_2

On second thoughts, it is the case number with a mixture of letters and numbers. I think the other number is the number that came from CEL.

Is this correct? 

Coupon-mad

The claim number is never just numbers. 

I just looked at the CEL case where I was lay rep for @Old_Bird_65, and it's in the format: F4GM1D5P.  Yours will be similar.