Parking CCJ panicked and paid is a set aside still possible?

Lizben2911

Thanks everyone. The legal firm representing the parking people are going to send me the information about when the car was parked without the necessary permit and all the correspondence that I never got and have said if I send them the N244 form they will read it through in order to agree it for the consent order. Is that the normal way that things are done please?  

Lizben2911

Half_way said:

As you have called it a fine, this must be a council ticket, as private companies can not, and do not issue fines.
What council issued the ticket that lead to the fine?

Wrong language by me. Private parking company

Coupon-mad

Lizben2911 said:

Thanks everyone. The legal firm representing the parking people are going to send me the information about when the car was parked without the necessary permit and all the correspondence that I never got and have said if I send them the N244 form they will read it through in order to agree it for the consent order. Is that the normal way that things are done please?  

Yes, that sounds right for a case where you just paid it in error; it is the way forward.  Costs you £100 court fee to submit it.

Show us the draft Consent Order they suggest and we'll check it over to see if there is any wording we think you should change.

Lizben2911

Coupon-mad said:

Lizben2911 said:

Thanks everyone. The legal firm representing the parking people are going to send me the information about when the car was parked without the necessary permit and all the correspondence that I never got and have said if I send them the N244 form they will read it through in order to agree it for the consent order. Is that the normal way that things are done please?  

Yes, that sounds right for a case where you just paid it in error; it is the way forward.  Costs you £100 court fee to submit it.

Show us the draft Consent Order they suggest and we'll check it over to see if there is any wording we think you should change.

Thank you so much @C@Coupon-mad  I do feel lost with this at the moment. Going to spend this weekend reading lots on here and getting it all straight. So grateful for the support. 

Lizben2911

Hello everyone. I have sent Elms Legal my defence, i.e. that I didn't know about the PCN as it was sent to an old address and didn't have a chance to defend it, plus I wasn't the driver of the car, they've said that their client is of the opinion that the PCN was issued correctly and so they are not agreeable to the set aside with consent, unless I change my statement just to dispute the judgement then they would sign the consent order. Do you think I stand a better chance of getting the set aside with consent or not? I feel like they're trying it on but having paid it in a panic I don't know what to do again now. Any help gratefully accepted. 

Lizben2911

Lizben2911 I have sent Elms Legal my defence, i.e. that I didn't know about the PCN as it was sent to an old address and didn't have a chance to defend it, plus I wasn't the driver of the car, they've said that their client is of the opinion that the PCN was issued correctly and so they are not agreeable to the set aside with consent, unless I change my statement just to dispute the judgement then they would sign the consent order. Do you think I stand a better chance of getting the set aside with consent or not? I feel like they're trying it on but having paid it in a panic I don't know what to do again now. Any help gratefully accepted. 

@Coupon-made what do you think?

Coupon-mad

I've no idea why you sent them a defence, it's too late for that and you've paid them.  That wasn't what you were going to do (above, re-read what you were going to do).  It was not 'send a defence'.

henrik777

They nearly always dispute you'll get a set aside.

As far as i know, paying makes zero difference unless it was a case you paid a year ago and then you'd have a hurdle overcoming the argument regarding a delay.

Why was the wrong address used and what was the timeframe between "event date" and lodging the claim ?

Lizben2911

Our family home was sold as part of the divorce in 2018. I thought that updating my driving licence did the log book too. But In our divorce settlement the car was given to my ex husband and the ticket given outside of his flats.  He just hadn’t got around to putting it in his name and address. The ticket was issued in January 2020 and the court date early April 2021.  I found out about the CCJ on day 30 of it being issued. So I have tried to sort it all out as quickly as possible. 

henrik777

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

Fairly standard argument that you weren't served then. Under 13.2.

Also a good argument under 13.3

1. A good reason being it wasn't you. 

2. Real prospect of defending as it wasn't you and they probably messed up keeper liability.