CCJ

nosferatu1001

What were their conditions? Did they draft the order for you? 

KLP22

They did draft an order.

KLP22

I've noticed on the draft order that they have sent the date of the incident is wrong!

Coupon-mad

OK, remind us if you have already expended a £255 court fee?  Also, are they expecting YOU to pay £100 to court?  

KLP22

I haven't paid the £255. Yes they are expecting me to pay the £100 to the court.

Coupon-mad

I'd reply and say you will agree if they pay the £100 court fee for the N244 because you are not at fault here and there is value in this agreement to them because otherwise, you will file a £255 set aside application and seek your full costs and fees for attending a hearing. 

Unless you think this is worth £100 to resolve and/or if you were at fault for not updating your V5C in a timely manner?

KLP22

This wasn't a V5C address issue. 
It maybe worth the £100- just for my peace of mind

nosferatu1001

I was basically asking you to tell us what their letter said. Circumspection doesn't help

KLP22

The Claimant issued a Parking Charge Notice on xxxxxx. Upon receipt of this correspondence, you submitted an appeal to the Claimant, which was unsuccessful. You were then provided with the opportunity  to submit a further appeal to POPLA however this was not taken.

 

Subsequently, the Claimant issued a Letter Before Action on xxxxxx, to which we received no response. As no appeal was submitted to POPLA and no payment was received in respect of the outstanding Parking Charge, the Claimant had no option but to take legal action.

 

No defence was filed in respect of this matter, resulting in a judgment in default being registered in favour of the Claimant.

 

As a direct result of any inaction, ParkingEye has since incurred significant further costs. However, as a gesture of goodwill, ParkingEye is willing to consent to the setting aside of the judgment in default given the evidence provided, predicated upon you making payment for the fee for submitting the application to the Court, which would amount to £100 and be payable to Her Majesty’s Courts & Tribunals Service. 

 

Please find attached the proposed Consent Order. If you are agreeable to the terms of the same, we would kindly request that you sign and return this document via email. If you are not agreeable you will need to make an application to the court to request to have the judgment set-aside

KLP22

This is their draft order. So the £100 will be payable by me with no claim of the money back.