CCJ - Parking fine (DCBL)

Coupon-mad

That is decent!  Woohoo, they know they will lose, clearly.

The only thing I'd object to is the citation of ONLY CPR 13.3 (discretionary set aside). Given DCBLegal have persistently used an old and unserviceable address - and continue to do so despite being told - I'd reply today saying you will sign this consent order if they add to the draft Order that CPR 13.2 (mandatory set aside) applies in addition to 13.3 which is unsafe as it relies on the court's discretion.

paulr23

Coupon-mad said:

That is decent!  Woohoo, they know they will lose, clearly.

The only thing I'd object to is the citation of ONLY CPR 13.3 (discretionary set aside). Given DCBLegal have persistently used an old and unserviceable address - and continue to do so despite being told - I'd reply today saying you will sign this consent order if they add to the draft Order that CPR 13.2 (mandatory set aside) applies in addition to 13.3 which is unsafe as it relies on the court's discretion.

Is it likely that this would happen that the court would choose not to set aside? I have asked them to do it but incase they object to that (not sure why they would as it doesnt change the outcome for them) 

Coupon-mad

Yes there is a chance the Judge might disagree. Unlikely but that's why I'd want the consent order to be telling the Judge they HAVE to set the CCJ aside...no discretion, just in case.

paulr23

Coupon-mad said:

Yes there is a chance the Judge might disagree. Unlikely but that's why I'd want the consent order to be telling the Judge they HAVE to set the CCJ aside...no discretion, just in case.

Ok thanks, I've asked for it. A bit worried that they have gave me till tomorrow at mid day to get this back to them and whether or not they'll get back to me, do all they need to add is & 13.2 to the line where it mentions 13.3?

paulr23

Do I still have to go to the hearing if/once I sign this?

Im a bit confused whether or not i need to now.

Coupon-mad

Yes, the original court directions apply until the court says otherwise.

paulr23

Coupon-mad said:

Yes, the original court directions apply until the court says otherwise.

They have called me and gave me reasons why 13.2 would not apply. I asked them to summarise it in an email to me as I don't really understand why it wouldnt apply. Something to do with the acknowledgement of service and its not that you didnt acknowledge it you just didnt get it, and contradicting each point or whatever. Once I get that email I'll reply back here, they advised they wont be attending the hearing etc

So they are not going to agree to this, I guess I should still sign the consent order as it ultimately is still in my favour and at least I get my costs back?

paulr23

"In response to your previous email, we are unfortunately unable to rely on CPR 13.2 in place of 13.3.

 

CPR 13.2 states that the court must set aside a judgment if judgment was wrongly entered. In this instance, we aver that the Judgment was correctly entered as the process was followed as directed by the court. However, we accept that you were unable to respond to the Claim Form as it was addressed to an old address, being xxxx

 

We are proposing, by consent, that although the process was correctly followed when entering judgment, you were not afforded the opportunity to to Defend the Claim meaning that there is some good reason for the judgment to be set aside pursuant to CPR 13.3."

Is their reasoning for 13.2 not being put on there, I mean I guess they are pretty adamant they wont put it on, although it seems like a stupid reason as I swear these apply below. Can anyone advise on this? If I sign it am I basically agreeing that 13.3 applies but not 13.2? This is stressful, I don't understand why they won't just agree to 13.2 considering they are agreeing to set it aside

12.3

(1) The claimant may obtain judgment in default of an acknowledgment of service only if at the date on which judgment is entered—

(a)t he defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired.

Coupon-mad

I think sign it but in your covering email attaching it, state that you believe they are wrong and that 13.2 certainly applies and the fact their client is paying the £275 shows that they must know service was not effective - but as long as

(a) this consent order is accepted by the court to set aside the CCJ, and
(b) DCBLegal or their client pay your £275

then that will be the end of the matter.  Ask them to copy you in when they file it or to make it clear if they expect you to file it with the local court.

paulr23

Coupon-mad said:

I think sign it but in your covering email attaching it, state that you believe they are wrong and that 13.2 certainly applies and the fact their client is paying the £275 shows that they must know service was not effective - but as long as

(a) this consent order is accepted by the court to set aside the CCJ, and
(b) DCBLegal or their client pay your £275

then that will be the end of the matter.  Ask them to copy you in when they file it or to make it clear if they expect you to file it with the local court.

I wasn't quite sure how to include parts (a) and (b), is this good and what you meant, basically saying this only applies if its accepted and they pay my £275

Please see attached the signed consent order, as long as;

 

(a) this consent order is accepted by the court to set aside the CCJ, and
(b) DCBLegal or your client pay the £275

 

I believe you are wrong in regards to 13.2 and it certainly does apply and the fact your client is willing to pay the £275 shows that you know the service was not effective.

 

Can I be copied into any correspondence when you send this to the court for my own records

 

Regards,

Paul