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

Yeo395

Hahaha sorry! - 7 months. Oops. Glad I haven’t shared this with her yet! 

Yeo395

Hi all,

I’ve just received the following from the parking company: 

‘We have received the attached order from the court, who require further information regarding the Consent Order filed.

We can confirm that as a patron on the date of the parking event, the vehicle was authorised to remain within the car park. Therefore, under CPR 13.3, there is a real prospect of a successful defence in the claim.

We are happy for this email to be provided to the court.’

Should I agree and just forward this email on to the court, or should I outline what I included in my post above (minus the 10 months’ pregnant!)? Seems unnecessary to send my proposed response considering the parking company’s email? 

Many thanks 

Yeo395

I could also include the following with the parking company’s email:

On… my wife, a surgeon, was a patron of the hotel and teaching on an NHS training course.

We received no parking ticket or any correspondence regarding a parking ticket – therefore having no opportunity to respond – until we discovered the CCJ in May this year. This was despite the parking company having our DVLA registered address, which has not changed in 18 years. We then received a bailiffs’ letter on…    June. 

Do I need an actual signature from the parking company or can I acknowledge their email and just forward it on to the court?

Sorry if the answers to these are obvious! 

Coupon-mad

Forward their email to the court and in your covering email, state that:

In addition to the attached supporting email from the Claimant, there are other relevant facts to support the case that there are good reasons for the CCJ to be set aside under CPR 13.3, are:

(a) the driver was a patron of the hotel (landowner) who have confirmed the driver was authorised and that the PCN was issued in error due to a breakdown in communications/the system for whitelisting vehicles.  This fully supports the defence, in that there is no legitimate interest in pursuing the charge, distinguishing this case from ParkingEye v Beavis UKSC67 [2015];

(b) the Claimant fully accepts that the Defence has good prospects of success (see their explanatory email below);

(c) no PCN was served, nor any letters nor Claim forms were received. The first the Defendant knew of this was when a bailiff letter arrived in May 2022, so there are potential grounds for an application under CPR 13.2, however the Claimant accepts the defence and does not oppose the set aside;

(d) opting for a set aside by Consent meets the Overriding Objective, deals with the facts justly and avoids any further costs of a hearing in a case where both parties accept the defence has good prospects of success;

(e) the Defendant acted promptly, as soon as the unexpected CCJ was discovered, contacting the Claimant and was preparing to file form N244 when the Claimant provided the Draft Consent Order instead, to expedite the case to set aside the CCJ.


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Personally I'd amend the Draft Order first and email it to ParkingEye today to sign a slightly tweaked version, having added this to the draft consent Word doc:

UPON it being apparent and accepted by both parties that there are good prospects of successful defence, and

UPON it being noted that the Defendant acted promptly as soon as they learned of the claim by service of a bailiffs letter after the CCJ,

Yeo395

Thank you so much @Coupon-mad. I will do this! 

Yeo395

@Coupon-mad. I actually learned of the CCJ when applying for a mortgage in principle in May. But the first correspondence I received r.e the PCN was the bailiffs’ letter at the end of June.

Is this wording ok in the draft consent form?:

UPON it being noted that the Defendant acted promptly as soon as they learned of the claim and received a bailiffs letter after the CCJ,

Yeo395

I’ve also amended (c) to:

c) no PCN was served, nor any letters nor Claim forms were received. The first the Defendant knew of this was in May 2022 and a bailiff letter then arrived on 27th June 2022, so there are potential grounds for an application under CPR 13.2, however the Claimant accepts the defence and does not oppose the set aside;


Does that look ok? Thank you! 

Yeo395

Draft consent order now reads the following and will email on to PE:

CONSENT ORDER

_____________________

Upon it being apparent and accepted by both parties that there are good prospects of successful defence, and;

Upon it being noted that the Defendant acted promptly as soon as they learned of the claim and received a bailiffs letter after the CCJ,

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.

Coupon-mad

I wasn't suggesting you remove what PE had already put in the draft order. Add to it, was my advice.

Yeo395

Ok, thanks @Coupon-mad. Is the other wording ok, about finding out in May and then receiving the bailiffs letter in June?