Help re Setting aside 2x CCJ

Redx

I would alter it to say Northampton CCBC , because is is they that you deal with , not Northampton County Court , which is a different building and different address , pedantic maybe , but a true fact

On a sidenote , thank you for your service , we appreciate it and it's not said enough times !!

Coupon-mad

Why is the word 'fee' in your title?  Makes no sense. 

And the first couple of lines must surely use the acronym 'CCJ' instead of claim at least once:

I am writing regarding the above claim. I am kindly requesting for this to be set aside with consent.
I learnt of the existence of this claim on the 21/09/20 when I had checked my credit file. Prior to this I had no previous knowledge of this.

Shubsta

Thank you guys so much for your help, I really appreciate it. I have made the changes suggested. I am preparing my N244 documents now. I put "fee" in regarding how much was owed on the claim. I can remove this if it is not required.

Looking into ParkingEye fine it appears it was a fine from a car park in Grovesnor Casino when I was a student. I recall I was a patron at the casino that day although the only evidence I can see is a ATM transaction (on the statement however it doesn't state where the ATM is. It was likely I didn't register my car with Casino. Is this information worthy of anything whether I could confirm with Grovesnor themselves if I was there or not or should I proceed with the original email I had written. As I have paid the fines already I am unsure if this is now relevant in my case. 

Apologies again for my lack of understanding surrounding this issue.

Redx

Until you obtain a set aside the original claim , original PCN and story are irrelevant

The time the background info is relevant is when fighting the original court claim , so nobody is interested in how it happened until you are fighting the original court claim after a successful set aside

Coupon-mad

Yes, the defence isn't needed and nor is this:

I put "fee" in regarding how much was owed on the claim. I can remove this if it is not required.

However, you will need a witness statement and evidence to show the court that you were not living at the address, to show that the claims were not properly served. Plus the consent order, plus proof of having paid the CCJs (which was a mistake but what's done is done).

Shubsta

Understood, that makes sense. 
I was wondering if it was at all worth mentioning when obtaining consent to ParkingEye if that would make them more likely to agree. Especially as when I'm writing to them via their website they have drop down menu's requiring me to enter things like "I was a customer at the site". I have actually called the casino and they have logged on their system that I had attended that day on the time that the ticket was issued. They have offered to confirm with ParkingEye that I was on site during this time. 

Coupon-mad

Yes, that will help.

Shubsta

ParkingEye have responded with the following:

Good afternoon,

We write regarding the above referenced Parking Charge and subsequent county court claim.

As you will be aware, ParkingEye issued the claim referred to above to recover the outstanding amount. However, as no defence was filed, nor was full payment received within the applicable time frame, the court granted a default judgment in ParkingEye’s favour.

We can now confirm that we have received your payment of £267 on 23/09/2020 and we consider this matter closed. Please note that we will provide this information to the court in due course, so that they may update their records, but this may take some time to be processed as the court works in arrears.

Please note that the judgment issued by the court should have stated as follows:

"Details of this judgment will be entered in a public register, the Register of Judgments, Order and Fines. They will be passed to credit reference agencies, which will supply them to credit grantors and others seeking information on your financial standing. This will make it difficult for you to get credit. […] If you pay in full within one month, you can ask the court to cancel the entry on the Register […] If you pay the debt in full after one month, you can ask the court to mark the entry on the Register as satisfied […]”.

 

You may also wish to provide a copy of this correspondence to the court as proof of your payment.

 

If you wish to apply to have the judgment set aside then you can do so by filing an N244 form. Please note that such an application will require the payment of a court fee of £255 (payable to the court) and that there is no guarantee that the judgment will be set aside. This will also involve a hearing in front of a Judge.

In certain circumstances, individuals may not have to pay a fee. A system known as the remission system is available to those who would have difficulty paying a fee and meet the appropriate criteria. It is for you  to make the appropriate enquires about this system and details can be found at: https://www.gov.uk/get-help-with-court-fees

Yours faithfully,

ParkingEye Enforcement Team

I guess I'll have to crack on with the set aside without consent? Also going to reply back just to clarify if this means if this is without consent and their exact reasons for it. 

Coupon-mad

Ask why they are not consenting, because surely you have paid more than enough already to resolve this and £100 court fee is better than £255 and there is no reason why P/Eye should object as far as you believe.  Remind them that you were a patron of the casino and are involved in a complaint to their client and hoped it could be resolved more simply and at lower cost, in accordance with CPR1 the Overriding Objective:

I have actually called the casino and they have logged on their system that I had attended that day on the time that the ticket was issued. They have offered to confirm with ParkingEye that I was on site during this time. 

Shubsta

Coupon-mad said:

Ask why they are not consenting, because surely you have paid more than enough already to resolve this and £100 court fee is better than £255 and there is no reason why P/Eye should object as far as you believe.  Remind them that you were a patron of the casino and are involved in a complaint to their client and hoped it could be resolved more simply and at lower cost, in accordance with CPR1 the Overriding Objective:

Thank you Coupon-Mad - I have replied to them will see what they say. I'm guessing I shouldn't be surprised that they have refused to consent as they have got what they want already in me paying?