CEL CCJ - consent order help

Masterah

Hi everyone , i hope you are all alright and having wonderful time . 
i received a ccj out of the blue from CEL . obviously they have sent all correspondences to my previous address like every one here .
i only came to know about it by a letter from DCBL that came to my new address . 
i have contacted CNBC and got the POC , the judgment happened in may 2024 , so i have gone through lots of discussions here , and decided to send the email to CEL to ask them for consent order as per the email from one of the solicitors here -thank you  . now they have responded very quickly to reduce the fees to 95 in total which i guess they offer to everyone any way .
now i am happy to take this offer as my situation is quite sensitive to this CCJ and i need to get rid of it ASAP . 

background : 
the pcn happened in 2021 where i parked in ibis and booked a room and paid for it and staff told me that car park fees included , i do have a bank statement showing i have paid , my possible mistake as far as i can remember is i might have not put my registration number in that screen for the car park next to the staff ,it was 2 am and i was totally sleepy . 

but i have always updated everything legal to my new address when i moved houses . 
*as  i haven't come across any threads regarding the consent order here as far as i have looked so my questions is ::
1_ do i pay them right away now so they can provide me with draft consent order as they are awaiting my reply and i want to get things moving quickly as i only knew about this CCj in 18/12
2- I still need the N244 but how is it different from the normal N244 application that every one here write to get ccj set aside without consent .as in what o i put there to get it reduced to only 109 as it is a consented one  
3-I will still need to provide WS and defence right ?

 i have actually wrote a WS and Draft order based on the lovely pple suggestions in this forum but it was all mainly based on the possibility that i will not get an answer from CEL for the consent order . 
I would appreciate your help . 

Masterah

ok so i called CNBC and found out that it is  an email to send to them with consent order signed . 
but also i am thinking of writing a joint statment so i can show the judge why he should set aside the ccj not just for the sole reason of consent order to avoid any delay . 
here is my draft for the joint statment if anyone can cast their eyes on it please . 

In the County Court of Business Centre

Claim number :xxxxxx

 

BETWEEN:

Claimant

Civil Enforcement Limited                                         

– and –

Defendant

xxxxx

 

 

                                                                                                  

Joint statement:

(a) the driver was a guest in Ibis hotel in the date of the contravention 22/11/2021 and he paid for the hotel room as shown in the bank statement provided (Exhibit A)  which include the car park fees hence  PCN was issued in error due to a breakdown in  communications/the system for whitelisting vehicles.  This fully supports the defence, in that there is no legitimate interest in pursuing the charge.

(b) The Claimant fully accepts that the Defence has good prospects of success.

(c) No court claim forms were received to the defendant new address which he moved to on November 2023 (utility bill attached-Exhibit B ). The first the Defendant knew of this court dispute was when a bailiff letter arrived in 18th December  2024, so there are potential grounds for an application under CPR 13.2, however the Claimant accepts the defence and does not oppose the set aside;

(d) opting for a set aside by Consent meets the Overriding Objective, deals with the facts justly and avoids any further costs of a hearing in a case where both parties accept the defence has good prospects of success;

(e) the Defendant acted promptly, as soon as the unexpected CCJ was discovered, contacting the Claimant and was preparing to file form N244 when the Claimant provided the Draft Consent Order instead, to expedite the case to set aside the CCJ.

 

 

 

 

Statement of Truth

I, xxxx, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: ________________________________

Dated: ________________________________

I, Civil Enforcement limited, the claimant, believe the facts stated within this Witness Statement to be true.

Signed: ________________________________

Dated: ________________________________

 

 

Fruitcake

I do not know enough about CCJs and set-asides to give you advice on that other than you should not offer to pay CEL anything because they failed to carry out a soft trace that would cost them a few pence until after they had obtained the judgment.

You should complain to the landowner/hotel manager/IBS CEO, and your MP about this unregulated private parking company's shoddy behaviour and failure to locate the defendant before issuing the claim.

Le_Kirk

Be very careful of accepting consent orders, you might end up on the hook for the N244 fee and not be able to get it back if they try the usual trick of putting "no order as to costs" in the draft order. What do you mean by "reducing their fees" to £95. If you attempt to pay any part of the CCJ, it will not be removed just marked as (partially) satisfied.
Your statement of truth is out of date. Suggest you search the forum for cases similar to your and see what others did.

Coupon-mad

i have gone through lots of discussions here , and decided to send the email to CEL to ask them for consent order as per the email from one of the solicitors here -thank you  . now they have responded very quickly to reduce the fees to 95 in total which i guess they offer to everyone any way .
now i am happy to take this offer as my situation is quite sensitive to this CCJ and i need to get rid of it ASAP . 

They do offer that to everyone because they know they've been sussed. I wouldn't pay them.  You can get the CCJ set aside and (in the end) pay nothing.

You absolutely categorically DO NOT pay them before seeing their SIGNED (not draft) consent order!  What leverage would you have after that? None.

I don't think CEL will sign a joint statement.

CEL's consent orders are duff. Not well worded and therefore might not be accepted by the CNBC (then where will that get you? Up the creek without a paddle).

Search the forum to read one or two cases like yours with a CEL consent order.

We've had a handful like this and the Defendants have made sure the wording in the Order is based on CPR 13.2 (claim was improperly served to an old address) not 13.3.

Preferably, have a rethink and do a set aside application without consent, to be sure a Judge accepts it and CEL will be ordered to pay your £303 fee if you argue their CoP breach and their 'wholly unreasonable conduct' well.