Excel - Set aside WON & CASE WON - Excel defeated AGAIN!

Coupon-mad

Didn't the court guy today say he'd sent them your application bundle?    If unsure, then email it to them too.

milkybk

Coupon-mad said:

Didn't the court guy today say he'd sent them your application bundle?    If unsure, then email it to them too.

He did yes. I assume @henrik777 is recommending it just to be certain, so there's no chance of denial/confusion etc.

henrik777

Well my opinion is give them it up front even though  anyone who applies should have forewarned them it's coming by then anyway.

milkybk

@henrik777 - I sent it through to Excel.

I received my first letter from Excel today on this matter, the first time I've heard from them in 4 years actually. As expected they're trying to avoid court proceedings, by offering a consent order after I have paid them their alleged parking charge. I obviously will not be doing this.

My question is - Should I respond to this letter? If so, how should I respond to this letter? Should I tell them I will be seeking my £255 N244 fee, plus other costs from them at the hearing? As well as obviously looking to have the alleged parking claim dropped against me. The latter may be at another hearing obviously, although I'm hoping it will work in my favour (at the set aside) that the claimant has chosen to ignore my SAR etc, therefore leaving me without the facts required to fairly defend myself.

Coupon-mad

Yes reply and tell them you will accept a consent order whereby they confirm that the claim was defectively served and so the CCJ should be set aside,  You will not pay the purported outstanding sum because you wish to set aside the rogue CCJ and defend the matter, as is your right. 

What is of value to them about your proposal, is that if they consent to set aside, you will cover the £100 court fee.  It being clear now, that Excel failed to carry out a trace for your address before filing the claim to a notoriously unreliable address gleaned from the DVLA (if that's what they did), this will be a mandatory set aside application and you will be asking the court to Order that Excel reply your £255 court fee, in the event that you are forced to proceed without consent.  

Give them seven days to come back to you and start drafting your WS and evidence about your address change and the fact you were there to be found all along, because you should assume this time next week you will be filing a N244 at £255 fee anyway.

milkybk

Coupon-mad said:

Yes reply and tell them you will accept a consent order whereby they confirm that the claim was defectively served and so the CCJ should be set aside,  You will not pay the purported outstanding sum because you wish to set aside the rogue CCJ and defend the matter, as is your right. 

What is of value to them about your proposal, is that if they consent to set aside, you will cover the £100 court fee.  It being clear now, that Excel failed to carry out a trace for your address before filing the claim to a notoriously unreliable address gleaned from the DVLA (if that's what they did), this will be a mandatory set aside application and you will be asking the court to Order that Excel reply your £255 court fee, in the event that you are forced to proceed without consent.  

Give them seven days to come back to you and start drafting your WS and evidence about your address change and the fact you were there to be found all along, because you should assume this time next week you will be filing a N244 at £255 fee anyway.

I've already filed the N244 and have a court date, they ignored my original emails about a consented set aside. 

This is them now trying to avoid court proceedings whilst getting me to pay the fine, which isn't going to happen. They have my witness statement etc, as the court has sent them a copy of my set aside request. I've also emailed them everything across, I imagine that's why they've now decided to contact me.

I feel I should reply, stating similar to what you mentioned above, laying out my position and also the costs I will be seeking etc.

Coupon-mad

Ah yes, they are trying it on to look reasonable, too little too late!

milkybk

Coupon-mad said:

Ah yes, they are trying it on to look reasonable, too little too late!

Haha indeed! Would you reply? I think regardless they've pretty much showed they know they're going to lose and are just trying it on one last time. I imagine I'll receive another letter closer to the date offering to a consented set aside without the alleged charge being paid. 

Hopefully they'll say they're not attending court and then discontinue, one can dream!

Coupon-mad

I wouldn't waste any time on that letter!  Bear in mind it is on a WP basis so you can't discuss it in court.

milkybk

Coupon-mad said:

I wouldn't waste any time on that letter!  Bear in mind it is on a WP basis so you can't discuss it in court.

Morning Coupon.

I wasn't intending to use it in court, I just thought firmly laying out my position to them in a response to their letter may prompt them (closer to the trial date) to consent with costs accepted and/or discontinue. My reply was only going to be something along the lines of:

______________________________________________________________________

Dear Sir/Madam,

RE: XXXXXX - Excel Parking Services vs XXXXX

I am writing to you you with regards to your offer of a Consent Order, dated 30/07/2021.

I will not be accepting your offer. You have received a copy of my detailed Witness Statement and Exhibits. I believe this clearly shows that this will be a mandatory set aside, due to the Judgment having being defectively served. Therefore, CPR 13.2 applies to my case and the Judgment must be set aside.

With this in mind, I am willing to draft a Consent Order, agreeing to set aside the Judgment, with yourselves bearing all costs, including the £255 I have paid for the N244 application. 

Please note, this offer is made on a "Without Prejudice" basis.

Your faithfully,
XXXXXXX

______________________________________________________________________

However if you think it's best to ignore them then I'm happy to do that haha. The less correspondence with these types of people the better!