Draft Consent Order to set aside CCJ – do I need a cover letter?

Yeo395

Dear all,

Please help – any advice would be hugely appreciated. PE has sent me a draft consent order for my CCJ to be set aside after I contacted (thanks to reading this forum) the hotel my wife parked at, to complain over a PCN we knew nothing about (my address hasn’t changed, but I received no correspondence from PE or from the court – this is my DVLA-registered address).

After the claim no. / claimant and defendant details, the draft consent order includes…

 

Upon the Defendant informing the Claimant that they did not receive a copy of the claim form so they were unable to defend the claim and full, and;

The Claimant has been made aware that the defendant was a patron of the site at the material time of the Parking Event.

BY CONSENT IT IS ORDERED THAT:

1. The Judgment entered against the Defendant on...(date)... is hereby set aside.

2. The claim stands dismissed.

3. There shall be no order as to costs.

 

Do I need to send anything else with the draft consent order? PE has said the consent form is in place of the N244 form. Is that the case? Do I need a cover letter or anything else – or just to email this to the court?

Also, do I need to mention my paying of the £100 court fee?

Many thanks in advance.

Coupon-mad

Hmmm...not sure about this, I thought it still needs a N244 and £108 fee.

See what @bargepole or @Johnersh say.

Yeo395

Thank you @Coupon-mad, it feels a bit odd just to email it over without any further context. This was the email from PE:

'What we can do is offer a ‘Consent Order’ to the motorist however they will be responsible for the fee to file this with the courts, which would amount to £108. There is no guarantee that this will be accepted, as the decision ultimately lies with the court. This would be in place of the N244 form mentioned in my previous email and is still applying for the judgement to be set aside, however both the motorist and Parkingeye would sign the consent order.'

Yeo395

I called CCBC and they provided an email address (ccbcfees@justice.gov.uk), but they weren't very helpful on the phone.

Yeo395

The CCJ was issued mid-April this year and I'd like to let the CC know that when I found out (19th May), I acted as quickly as I could with the hotel and PE!

Johnersh

So on the basis that the o/p was using the site appropriately (and the claimant appears to concede that), why is the o/p paying £100 to get it sorted? Parking Eye can do better. 

bargepole

Coupon-mad said:

Hmmm...not sure about this, surely it still needs a N244 and £108 fee.

See what @bargepole or @Johnersh say.

No, it doesn't need an N244.

The court will ratify the draft Consent Order, signed by both parties, into a court-issued order on payment of the £108 fee.

But the question remains, if the OP has done nothing wrong, whey should they be the one paying the fee?

Yeo395

Thank you so much for your comments - I perhaps stupidly agreed to pay the fee as I wanted the draft consent order to be signed as quickly as possible and it took a while to get to that point. 

Do I just email over the draft consent form to the email address CCBC provided - with a short email explaining what it is? 

Thank you so much for your helpful and quick responses!

Yeo395

Any advice on emailing over the draft consent form would be most appreciated!

Yeo395

Hi all, I emailed the signed draft consent form to the court and received an automated response that I would hear back in four to eight weeks (this was five weeks ago).

I’ve since (at the end of June) received a letter from bailiffs on behalf of the parking company saying I need to pay the judgement (£200) or action could be taken.

Should I email the parking company to let them know I’ve received a letter from the bailiffs and remind them I’ve submitted the draft consent form to the court?

Any help would be much appreciated!

Yeo395

Hi all, any advice on the above? Many thanks!