CCJ Set Aside Following Parking Fine

raburgess1

LDast said:

What was written in your draft order? According to that order, you have paid the CCJ and the £275 application fee for a contested set aside but now they are saying that you have paid everything and they agree to have the CCJ set aside which would mean that it is expunged from your record. However er, you only had to pay £108 to have a set aside with consent.

It's your money and credit record so as long as you are satisfied that the end result is no CCJ, then by all mens accept and sign it.

This was the draft order which @Madcoupon helped me with:

It is ordered that:

1.    The Judgment by default entered against the Defendant on 09/10/2023 is hereby set aside. 

2.    The claim should also be struck out as for want of compliant Particulars of Claim, in view of the recent persuasive appeal case of CEL v Chan; another generic parking claim where the Particulars of Claim were equally defective. 

3.    Costs of the application be paid by the Claimant to the Defendant in the sum of £275.

Fortunately the CCJ has not had an impact on me as I've recently got an excellent rate on a mortgage. I note point 3 which it looks like from the consent order they are not entertaining paying. Is it possible to ask them to pay for the set aside fee of £108. 

Ultimately I would just like the CCJ removed and call the whole process a lesson learnt.

Coupon-mad

No they won't pay and there is no extra set aside fee because you've already paid £275.

I think in your very unusual circumstances (you actually paid them £60 after the claim was served, which we'd never advise and will look like an admission to any Judge) I'd sign it.  You will not get your £275 back.

Ask their solicitors to file the consent order with the court and confirm that they will ask for the hearing to be vacated.

raburgess1

I've signed the letter.

The £60.00 was actually 3 x £20.00 admin fees that the Leisure Centre charged me to sort out the tickets due to the stage at which they had got to.

Thanks once again for your time and patience, its greatly appreciated.