Parking fine CCJ

Coupon-mad

Have a look at the Draft Order just posted by @eb23456 that they obtained from BW Legal this week. Different reasoning but shows you how to set it out.

IANAL - and this forum doesn't give legal advice and can't promise your reasons will be seen as 'good reason' by the court.  But what other choice do you have...a consent Order seems to be your only chance, if you ignored a court claim (obviously you don't say that in the Draft Order).

jugsy58

Hi , and once again thankyou for your help , i have uploaded my template order for yours and others advice i am so grateful for ,if i have done it wrong or need to add more in please let me know as its all alien to me , thanks  

KeithP

Elms Legal are not the Claimant. This has been discussed at length earlier in the thread.

jugsy58

Thankyou i'm such an idiot i will adjust it , other than that do you think it is adequate to send into Elms Legal for them to agree it ?

Coupon-mad

I'd advise you to remove the whole line about not being able to get a mortgage offer.  That is the last thing to say because courts tend not to agree what looks like a mere 'credit cleansing' exercise. 

I'd also remove the landowner 'was at fault' because it sounds too critical of the parking firm's client.  I don't think they'll sign it with the word 'fault'.

Maybe call it an error or oversight by the landowner in failing to exempt the vehicle as promised, as opposed to any breach by the Defendant.

Add in:

AND UPON it being noted that the Defendant has acted very promptly to gather cogent evidence of the parking event and did their utmost to resolve the dispute, within days of learning about the CCJ.

(all the uses of the word 'UPON' should be in capitals - it's just the way an Order is written!).

We are not giving legal advice here and I am not a lawyer - the above is only opinion.

jugsy58

Thankyou for all your help i just wanted to make sure that  CPR 13.1(b)(1)  is the correct meaning for my case? i used it from another Tomlins order agreement referencing for 'good reason' and when reading the legal sections i got a little confused.

Coupon-mad

Glad you checked. You missed a 3.

It's 13.3.1(b)(i)

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

jugsy58

Today i finally sent in all my paperwork for the Tomlins Order Agreement i included photocopies of all texting i had done with Baird House from 9th Feb which was in well enough time for them to authorise my vehicle and other evidence too, at this point i have crossed fingers and toes and will await the outcome.  I could not of done it without getting the right information from you guys , Now i just want to know do i have any re-dress with Baird House in getting my money back if i issue County Court against them ? ........ Thankyou everyone 

Coupon-mad

So it was a draft Consent Order. You got them to sign it and consent, that quickly?  No point sending the court an unsigned Consent Order.

jugsy58

OMG  Noooooooooooooo what an idiot i am ha ha i have sent all the evidence and stuff like that to Elms Legal thinking they will send it to the courts oooops yanno i am a total idiot , so i can expect them to return it all to me however i did sign my part of it ha ha ! atleast i got that right .
Will my next step be that they will return it hopefully signed (i did send them enough evidence) and then what do i do ?
Do i still have to fill in a N244 and send everything as if it is a straight set aside ?