Set aside CCJ: Consent from claimant

Sillyminkey12

Hi all,

Can I check in re an order for costs.  Is there a form I should submit or can I send a note with cost breakdown and a payslip as proof of income? Thanks 

Coupon-mad

You can just list your costs on a single word doc sheet headed up 'Defendant's Costs' - also with the Claim number - and sign/date it.

And attach a wage slip or whatever proof you have in support of your costs.

Sillyminkey12

That’s incredibly helpful thanks so much.

Sillyminkey12

Hello there. The final question before my court date next week. If the judge asks why I didn’t purchase a ticket for parking and why I didn’t respond to subsequent letters from CEL, can I be honest?  What actually happened is I dropped off my son who had a big patch of parcels to handover for dispatch and remained in the vehicle driving around the car park while waiting for him.  He took much longer than we anticipated but we left without buying a ticket.  I then ignored letters requesting payment because I was so exasperated by the tone of the letters.  Then I moved house and forgot all about it.  This happened over two years ago now. Is that worth explaining or is there a better way to address this. Thank you

Coupon-mad

Yep, quote the Government's definition of 'parking period' from the 2022 draft Code.

Sillyminkey12

I attended my hearing today and the judgement was set aside and CEL ordered to pay my costs.   I failed to persuade the judge however to strike out the claim and I have two weeks to submit a defence.  Judge was very preoccupied with the fact that CEL were not present to defend their claim and so wasn’t willing to to strike out without hearing from them..  Just after he had agreed to set aside a court official arrived with a letter addressed to me dated early January offering me the chance to set aside the judgement for £95. I’d never previously had sight of this letter. I spoke to the Court officials afterwards and they were really bewildered about the timing of a letter and the date.  I would have some advice on the next phase, please. thank you so so much for all your help coupon mad. it’s very much appreciated.

Le_Kirk

I think you should follow the directions of the judge and submit your defence.  Well done on getting costs awarded; did it include the set-aside fee?

Coupon-mad

Sillyminkey12 said:

I attended my hearing today and the judgement was set aside and CEL ordered to pay my costs.

 I failed to persuade the judge however to strike out the claim and I have two weeks to submit a defence.  Judge was very preoccupied with the fact that CEL were not present to defend their claim and so wasn’t willing to to strike out without hearing from them..

Just after he had agreed to set aside a court official arrived with a letter addressed to me dated early January offering me the chance to set aside the judgement for £95. I’d never previously had sight of this letter.

 I spoke to the Court officials afterwards and they were really bewildered about the timing of a letter and the date.  I would have some advice on the next phase, please. thank you so so much for all your help coupon mad. it’s very much appreciated.

 But you would never have agreed to pay £95 to CEL plus lose your court fee too!  Far better to do what you just did and get CEL to pay the costs, as the Judge correctly ordered.

Sillyminkey12

Thanks coupon mad and le kirk.  Yes I got court fee plus cosy for my prep time and time off work. 

Sillyminkey12

Plus costs - not plus cosy!