Old address, CEL, not replying to a claim form

Coupon-mad

billybobfish said:

Thanks all.  I will send a letter to them now asking for a Consent/Tomlin order.  Failing that, I will obtain a setaside which I believe if I obtain the CCJ is removed and it simply goes back a stage where the LBA takes place and then the MCOL route etc?  

No.  Not LBC stage.

If the CCJ is removed you hope the Judge will also award your £275 fee back (against the parking firm) and strike out the entire claim.

And if not, it merely goes back to you being reissued with the old court claim papers to the right address, and you then defend and have a second hearing, this time to defend the PCN.

But the '4 months dead claim' argument we now use seeks to kill the entire claim and CCJ.

billybobfish

Revisiting this.  I had no response to my recorded letter to Civil Enforcement asking for a  Consent/Tomlin order.  Am I now too late to apply for a set-aside?  Just a recap

- CCJ was issued at end of March (to old address)
- I paid this (wrong I know) as soon as I found out at end of July.

So it's been two months since I paid.

Thanks

Coupon-mad

If the claim was never served because CEL didn't bother to check your address as the BPA Code requires, then what you are asking for - CCJ set aside - falls under CPR 13.2. Mandatory set aside.

The requirement to act promptly only comes into play if your Judge doesn't agree with your case meeting CPR 13.2 and instead looks at it under 13.3 (discretionary set aside).

The problem is, you paid it (wrong move) which discharges the claim, so you won't also be able to defend the case.

But you should get the CCJ set aside, as someone did yesterday who had paid.  But their case was entirely different.

If you want the CCJ off your credit rating then you have to bung in your N244 and I'd crack on and do it & get the fee paid to the CCBC tomorrow/Friday at the latest.

You could try including in your Draft Order, a point ordering the sum paid in error to be returned to the Defendant who has prospects of successfully defending the un-served claim, but I don't recall anyone trying or getting that ordered.