Judgement Set Aside

caitchbee

Coupon-mad said:

She won't get a CCJ set aside on that basis.  Her argument needs to be TWO THINGS:

A. she was not at home (on holiday or living away at Uni, if true and able to be evidenced?) and missed seeing the claim form...but ALSO:

B. she must persuade the Judge she has a decent defence.


Can she meet those two criteria?


This is what happened:

1. she ignored or missed a Letter Before Claim either from ParkingEye or from DCB Legal.

2. she ignored or missed a Claim Form from the County Court Business Centre. Google it now for an image of a claim form.  Dig out her one now.  When was it dated? Was she away?  

3. she THEN got a letter confirming Judgment (a CCJ) by default.  No Judge heard the case. She lost automatically by failing to defend.

How will she truthfully argue points A and B above?  The hearing is not about collecting a prescription, it is likely just 30 minutes to determine A and B.

Has ParkingEye responded to her application?  Have they suggested a consent order? If so, then snap their hand off!

I hope she didn't pay £303 for this...

She hasn't ignored any court letters. She received a letter from the court saying she owed £232 and I think she then emailed and phoned them. The rest I'm not sure.

Coupon-mad

If not, I suggest she TODAY emails whoever filed the claim (she needs to dig it out and see if it was ParkingEye themselves or DCB Legal) and email them TODAY.

I reiterate. URGENT.  Today!

Draft a Consent Order rather like the linked one (same capital letters and structure) and she sends it NOW, proposing a Consent Order "to avoid them having to shell out costs to send a rep to attend her application hearing."

If she doesn't have the Claim form any more, she RINGS THE CNBC THIS AFTERNOON (they take over an hour to answer. Stay on the line) and ask them for:

- who filed the claim? DCB or PEye?

- claim number

- claim date

- claim amount

- particulars of claim to be emailed to her now.

That's what she must ask the CNBC for.

YOU CAN'T DO THE CALL FOR HER.

caitchbee

Coupon-mad said:

If not, I suggest she TODAY emails whoever filed the claim (she needs to dig it out and see if it was ParkingEye themselves or DCB Legal) and email them TODAY.

I reiterate. URGENT.  Today!

Draft a Consent Order rather like the linked one (same capital letters and structure) and she sends it NOW, proposing a Consent Order "to avoid them having to shell out costs to send a rep to attend her application hearing."

If she doesn't have the Claim form any more, she RINGS THE CNBC THIS AFTERNOON (they take over an hour to answer. Stay on the line) and ask them for:

- who filed the claim? DCB or PEye?

- claim number

- claim date

- claim amount

- particulars of claim to be emailed to her now.

That's what she must ask the CNBC for.

YOU CAN'T DO THE CALL FOR HER.

I'm really grateful for your responses, thank you.

I've found the Judgment letter - this is the one which said she owed £232. She phoned the court after she got that but I don't think she opened it immediately. Her dad and I are divorced so she goes between houses plus she was on holiday. She doesn't remember getting the claim form. God I could eBay her at this minute. 

The Claimant is listed as Parking Eye and it's £125 debt plus £107 costs on the Judgment letter.

Coupon-mad

Right.  I didn't say dig out the judgment letter.  We already knew who the Claimant was and that wasn't what I was asking.  I was saying you need to know who filed the claim.

I also listed EXACTLY what to ask the CNBC for. Luckily I can work out from those figures that ParkingEye filed this claim in-house (not DCBLegal on their behalf).

She should IMMEDIATELY (now) email

enforcement@parkingeye.co.uk

and ask them to please draw up a consent Order for claim no.xxxxxxx (attach the judgment letter) because she has a N244 set aside application in (allocated to her local court already) and a hearing on DATE.  She believes the Claim Form was served (if it was) while she was away, or it did not arrive at all because there is no sign of it at the family home.  But she would be interested in the pragmatic approach of signing a consent order to resolve the matter this week.

PEye have an in-house solicitor and a standard consent order. If she is polite and stresses the urgency, they will probably email one over that she can sign & date then forward to the local court.

She must still attend the hearing, tell the Judge about the consent order and that she doesn't recall seeing a claim form at all, only the judgment letter. Ask if the Judge will kindly accept thd Consent Order and set aside the CCJ noting that both parties accept that the Defendant was not at the family home whenever the Claim Form may or may not have arrived, she has never seen it, but pragmatically she has reached settlement with ParkingEye who do not oppose her application.

caitchbee

Coupon-mad said:

Right.  I didn't say dig out the judgment letter.  We already knew who the Claimant was and that wasn't what I was asking.  I was saying you need to know who filed the claim.

I also listed EXACTLY what to ask the CNBC for. Luckily I can work out from those figures that ParkingEye filed this claim in-house (not DCBLegal on their behalf).

She should IMMEDIATELY (now) email

enforcement@parkingeye.co.uk

and ask them to please draw up a consent Order for claim no.xxxxxxx (attach the judgment letter) because she has a N244 set aside application in (allocated to her local court already) and a hearing on DATE.  She believes the Claim Form was served (if it was) while she was away, or it did not arrive at all because there is no sign of it at the family home.  But she would be interested in the pragmatic approach of signing a consent order to resolve the matter this week.

PEye have an in-house solicitor and a standard consent order. If she is polite and stresses the urgency, they will probably email one over that she can sign & date then forward to the local court.

She must still attend the hearing, tell the Judge about the consent order and that she doesn't recall seeing a claim form at all, only the judgment letter. Ask if the Judge will kindly accept thd Consent Order and set aside the CCJ noting that both parties accept that the Defendant was not at the family home whenever the Claim Form may or may not have arrived, she has never seen it, but pragmatically she has reached settlement with ParkingEye who do not oppose her application.

I know you didn't. My point was that it was the judgment letter she received which caused her to make the phonecall, not the claim form so I wonder if it ever arrived at all. I really appreciate the time you have taken to reply. It's tricky because she is away and has been in lectures all day. I will contact her now and tell her to email PEye. Thank you again.