CCJ Set Aside Advice

ccjaway

Hi all

First of all, many thanks for the bundles of information available on this website. I have read through as much as possible and have gone through the newbie pages. 

Essentially, I recently learnt about a CCJ during a mortgage application. The CCJ relates to a PCN from August 2021. 
The CCJ was served in December 2022 to an old address. 
I changed address in December 2021. 
I updated my electoral roll in December 2021 and log book in December 2021.

In a state of panic, I quickly filled out an N244 form and emailed this along with a witness statement (within 3-4 days of learning about the CCJ). I used advice from this forum to do this. 

Yesterday, I heard back from the parking company and they agreed to sign a consent order for an agreed fee. I thought this would be the 'quicker way' so decided to pursue this route. 

This morning, I called the court to make the £100 payment for the consent order. They noticed there was an N244 pending which had not been actioned yet so advised they would withdraw the N244 application and take the £100 for the consent order from the N244 payment and refund me the difference. 

I have seen some conflicting information on various forums so would like to ask the following please

1) Is the consent order alone sufficient, or must it be accompanied by an N244. 
2) On my submitted consent order, it states the following:

AND UPON the parties having agreed terms
BY CONSENT IT IS ORDERED THAT:
1. The Judgement dated the 16/12/2022 for £370.00 be set aside.
2. The Judgement is removed from the county courts register.
3. No order as to costs.  

is this sufficient? -  i have seen examples of cases where this has been successful and other cases where the judge requests further information. should this have mentioned a reason for the set aside using CPR references? 

Many thanks for your input. 

B789

ccjaway said:

Hi all

First of all, many thanks for the bundles of information available on this website. I have read through as much as possible and have gone through the newbie pages. 

Essentially, I recently learnt about a CCJ during a mortgage application. The CCJ relates to a PCN from August 2021. 
The CCJ was served in December 2022 to an old address. 
I changed address in December 2021. 
I updated my electoral roll in December 2021 and log book in December 2021.

In a state of panic, I quickly filled out an N244 form and emailed this along with a witness statement (within 3-4 days of learning about the CCJ). I used advice from this forum to do this. 

Yesterday, I heard back from the parking company and they agreed to sign a consent order for an agreed fee. I thought this would be the 'quicker way' so decided to pursue this route. 

This morning, I called the court to make the £100 payment for the consent order. They noticed there was an N244 pending which had not been actioned yet so advised they would withdraw the N244 application and take the £100 for the consent order from the N244 payment and refund me the difference. 

I have seen some conflicting information on various forums so would like to ask the following please

1) Is the consent order alone sufficient, or must it be accompanied by an N244. 
2) On my submitted consent order, it states the following:

AND UPON the parties having agreed terms
BY CONSENT IT IS ORDERED THAT:
1. The Judgement dated the 16/12/2022 for £370.00 be set aside.
2. The Judgement is removed from the county courts register.
3. No order as to costs.  

is this sufficient? -  i have seen examples of cases where this has been successful and other cases where the judge requests further information. should this have mentioned a reason for the set aside using CPR references? 

Many thanks for your input. 

So, let me try and get this straight... the PPC are agreeing to a" set aside with consent" as long as you pay the N244 fee and that will be the end of the matter? What if the claim is reissued?

Which PPC and which solicitors? Was the original PCN easily defendable?

ccjaway

thanks for your reply

The parking company (SIP) agreed to sign a consent order if i paid a settlement fee - This has been done yesterday. I spoke to their Legal team. No solicitor was involved. 

Last week, I had already submitted an N244 form. 

yes the original PCN was defendible. But i wanted to get the matter sorted asap therfore agreed to pay a settlement fee to have the consent order signed to set aside the ccj as quickly as possible. 

hope that makes sense

B789

As a matter of interest, how much did you "settle" for? Did that "settlement" include the N244 fee?

ccjaway

The CCJ was for £370. 
I settled for £150. 
This did not include the N244 fee. 
When i called CCBC to submit the consent order and pay the fee for it, they said they would take the fee from the N244 which has already been submitted and refund me the difference. 

Coupon-mad

The fee should be £108 as you don't need a hearing.

But please get your revenge soon:

Come back here for the final Public Consultation (ON THE LEVEL OF PARKING CHARGES AND THE FAKE £70 ADD-ONS) in July if you want to help stop the scammers.

REALLY IMPORTANT THAT LOTS OF VICTIMS RESPOND.

Please read about it and be ready.

Together, we can stop the rotten parking industry from riding roughshod over the new statutory Code and the charge level caps intended last year, but blocked by the greedy moneymen.

If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when the Government opens the Consultation:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

Read only the latest (2022) posts there. The PPCs have blocked the new Code by filing for Judicial Reviews.

Stopped the much welcomed parking code from February 2022, which stated that added £60 or £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.  It's all on hold...

Motorists urgently need the statutory Code reinstated and the ban on false 'DRA fees' confirmed, to stop the rot and the toxic litigation culture.

This will be your chance to make a difference, plus other drivers you know (family, friends) who are also fed up with greedy and unscrupulous parking firms and the stranglehold they and their 'legals' have on people.

We need VERY high numbers of real victims to make a point of responding to this final Consultation.

Coming very soon....and it will be all over the forum for several weeks.  Don't miss it.

Your only chance to change the law VERY SOON.

ccjaway

Coupon-mad said:

The fee should be £108 as you don't need a hearing.

Thanks. thats right, they are refunding me £167.

I have read alot of your posts so would appreciate your input on my other questions?

1) if the consent order is signed and submitted, does it need to be accompanied by an N244 or will consent order alone suffice?
2) is the consent order i submitted satisfactory? ive seen others which mention why they are asking for the judgement to be set aside. Just wondering if i should amend, resign and resubmit. 

many thanks. 

B789

ccjaway said:

The CCJ was for £370. 
I settled for £150. 
This did not include the N244 fee. 
When i called CCBC to submit the consent order and pay the fee for it, they said they would take the fee from the N244 which has already been submitted and refund me the difference. 

That's a pity. You've already had the CCJ for 6 months. If you were prepared to wait a bit longer, you could most likely not have paid a penny. £258 (assuming it was £108 that you paid and not £275 for a without consent order).

What does the set aside say about the original claim?

ccjaway

What does the set aside say about the original claim?

sorry what do you mean by this? 

i think ive not explained things clearly

- im in the process of trying to have a ccj set aside. 
- i started by submitting an N244 application and paid £275 for this.
- in the background, i was trying to contact the parking company. 
- I finally managed to get hold of their legal team yday and we agreed to sign a consent order so that the CCJ can be set aside without going down the court hearing route. 
- i called the court today to make the £108 payment for the consent order. they said there was an N244 application on file. they advised i dont need this if i have a consent order and would withdraw it. they said they would take the £108 from the £275 already paid and would refund me £167. 

my questions now are:

1) is what they told me correct? is submitting a consent order alone sufficient-  or should it be along with an N244 form. 
2) is my consent order ok - it doesnt mention why we are asking to set aside the ccj. 

hope that clears things up. 

Coupon-mad

I'd ask for the fact that both parties now agree that the Claim was served to an old address, be added to the top line narrative on that Consent Order, in order to provide a reason for the Judge to accept it under CPR13.

B789

ccjaway said:
What does the set aside say about the original claim?

sorry what do you mean by this? 

As far as I am aware, if the judge sets aside the CCJ (as they should if it is under CPR 13.2) they could also allow the PPC to re-serve the original claim which puts you back where you started but several hundred quid out of pocket already.