2nd and 3rd unknown CCJ from civil enforcement ltd!

Johnersh

What's the wording say. 

If it's £60 each that's £120 you're paying. If each party's bearing their own costs,  there should be nothing over and above that -  save the o/p's  application of £275.

If the wording reflects what was agreed it's going to stand - to coin a phrase, it's just a bad bargain. 

Mouse007

Johnersh said:

What's the wording say. 

If it's £60 each that's £120 you're paying. If each party's bearing their own costs,  there should be nothing over and above that -  save the o/p's  application of £275.

If the wording reflects what was agreed it's going to stand - to coin a phrase, it's just a bad bargain. 

? Body is 7 characters too short. Ok ???????

Sorry but that is absolute !!!!!! - 100% crap. Solicitor or not, legal rubbish.

Coupon-mad

Like it or not, that's what the OP agreed when paying £120.  As I feared, they will be stuck with it now.

Mouse007

Agreed under duress - economic black mail. There is a clear legal defence here.

abisharpe

Theres no wording regarding the £120 paid, as I paid over the phone, I didnt verbally consent to anything on the phone she explained that it would cost £108 for a draft consent order I asked what this was and I explained that I would not pay another penny, I also explained that I would be looking at applying for a set aside in court like I had done previously.
She then sent the email under neath: 

We refer to your recent correspondence. We were provided with your name and registered address by the DVLA following the date of violation. As you may be aware, it is an offence (punishable with a fine up to £1000) to fail to promptly notify the DVLA of a change of address.
Please find enclosed the draft Consent Order in which we agree to your proposed application to set aside the County Court Judgment (“CCJ”) we have obtained. We have agreed to your proposed application to set aside the CCJ we have obtained due to your account that you were not residing at the address provided to us by the DVLA following the violation and that the correspondence in this matter, including the claim form, were sent to your old address.
The draft consent order should be signed and dated by you, then filed at the County Court Business Centre alongside the £108 filing fee (payable to the County Court Business Centre) and a detailed cover letter setting out your reasons for requesting removal of the CCJ.
You should include any evidence of mitigating circumstances that will allow the Court to conclude that there is some other good reason to set aside the CCJ. Please also ensure that the County Court Business Centre is made aware of your new address when you send the draft Consent Order, as your old address will still be on its records. Please note that we are unable to guarantee the removal of the CCJ as this is at the Court’s discretion.  

UPON the Court considering correspondence between the Claimant and the Defendant
[AND] UPON the parties agreeing that the Claim Form was sent to the Defendant’s previous address provided to the Claimant by the DVLA and the Defendant was unaware of the claim
AND UPON the parties having agreed the following terms
 BY CONSENT, IT IS ORDERED THAT: 1. Judgment for the Claimant in this matter be set aside.
2. The proceedings in this action are dismissed.
 3. Each party shall bear its own costs of this application and the claim in general. 

That is the draft order, I havent agreed with the terms as I refuse to pay anything more. should i email as @Coupon-mad
 stated earlier in the discussion or should i directly apply for a N244 pay the court fees and go through the process I did previously?

abisharpe

This is my draft email????

On the 6th July 2020 I successfully took your company to Sheffield County court and had an unjust CCJ set aside. PCN: ######, Claim number ####.

However this email is regarding the 2 further CCj’s which I found on my credit file on the 23/08/2022. (#### and ####).

Again both these CCJ’s are for the same hospital, my work place, and again neither have I been informed or given any evidence of either parking violations.

I am requesting that a suitable Tomlin order is provided, and again both these CCJ’s are set aside, both claims dismissed, and the claimant shall bear both parties costs of the application and the claim in general. I am also requesting that I am reimbursed for the money I paid for the PCN’s on the 23/08/2022 (£120) which I paid under duress.

This again has caused not only myself but my family a great deal of upset, stress and anxiety. It has directly affected my ability to do my normal day to day activities.

Your company had my current address from the successful previous set aside in 2020 so this is a clear breach of the BPA code and CPRs obligations to take steps to check details before filing claims.

These two additional CCJ’s are an abuse of process, not only for the above reason but also due to ‘cause of action estoppel’.

This will by far be the easiest solution.

Many thanks

Johnersh

I don't see there's an issue here (or indeed that the terms are as bad as they could be).  But that's just me.  My take is as follows,  but the o/p can get the benefit of the "hive mind" 

If the claimant was seeking, say, £170 per PCN (I've not scrolled back and checked the original claim) that £340+ sum included interest and costs. They had judgment so, in principle, an entitlement to the whole sum. 

The o/p called CEL (no-one forced,  threatened or imposed time limits).  The deal agreed to,  (with the components of offer, acceptance and paid consideration) is less than half of the judgment entitlement and is a contract agreed orally. 

The consent order sounds as though it accurately reflects those terms, with the claimant agreeing to

1. Have the judgment set aside
2. Accept payment in a lesser sum than the present entitlement
3. Provide certainty

Only the o/p can say for sure if that was agreed. The consent order doesn't require the o/p to pay anything more,  other than the essential court fee, which at least goes to the court, not to CEL. 

It seems to me that the o/p benefits from a voluntary reduction, no hearing,  a cheaper court fee and pays a sum equivalent to base costs with no bolt-ons. Lots of forumites readily accept deals like that to clear historic judgments.  

The o/p may not now like it, but there is benefit in the speed,  degree of certainty etc. Even if judgment was set aside, many cases are rolled forward (rather than struck out) with further time and effort then incurred during proceedings. There would then also be a continued risk of at least £100 per PCN, which is also avoided. 

It was open to the o/p to simply apply, pay £275 (thereby immediately risking more than she has now agreed to pay) for an outcome that at that point wasn't guaranteed. That was the only alternative. 

For all the reasons above,  whilst litigation can be unpleasant, I don't think there's mileage here in suggesting duress. I resent anyone paying anything to ppcs but given the circumstances,  I don't actually think this is that bad a deal, either. 

Johnersh

It does go without saying that the o/p can choose not to sign the order and to seek new terms.

The ppc may not agree,  in which case there will need to be a contested hearing etc.  It's all a bit messy and unpredictable at that point... 

 

abisharpe

My only issue is that i have had zero evidence/correspondence from either fine/offence! 
I won back my court fees from last time in 2020 (£255) which i am willing to pay out £275 each again presuming i will win again as it is exactly the same grounds i am fighting yet again,  however if i pay the £216 for the draft consent orders i will be loosing that money which i cannot afford to do. 

ab2000

And herin lies the rub.  You are presuming you will win again.  What if you lose? 

Then you will be down £550 in fees, plus any other addons, plus your time preparing for the case(s).  You'll then wish you'd paid the £216 to make this go away and taken the easy option.

You've been given some sound advice above and I know which route I'd go down.