Parking ticket CCJ

Snowtree_chair

Thanks Coupon-mad. The examples you provided are very helpful. However, they seem very well researched and very detailed responses. I am wondering if I need to go into this level of detail for the N244? I only want the CCJs set aside as they were served at the wrong address and I was unaware of the proceedings. Do I need to go into the full history of the case and quote examples from relevant case law, and point out every error that the claimant has made etc? 

Maybe I'm being too simplistic but wont an overview of the case coupled with my address history (with proofs) suffice at this stage? I can provide a full defense at a later date once the CCJ has been set aside. Your advice would be much appreciated. 

KeithP

You need to show that you have a reasonable possibility of successfully defending yourself.

Coupon-mad

Snowtree_chair said:

Thanks Coupon-mad. The examples you provided are very helpful. However, they seem very well researched and very detailed responses. I am wondering if I need to go into this level of detail for the N244? I only want the CCJs set aside as they were served at the wrong address and I was unaware of the proceedings. Do I need to go into the full history of the case and quote examples from relevant case law, and point out every error that the claimant has made etc? 

Maybe I'm being too simplistic but wont an overview of the case coupled with my address history (with proofs) suffice at this stage? I can provide a full defense at a later date once the CCJ has been set aside. Your advice would be much appreciated. 

Some judges think that the 'old address' is the Defendant's fault so YES you need the case law, none of which is about the PCN.

There is no 'overview of the case' at this stage. This application is purely to convince the judge to set the CCJ aside and grant your costs, ideally. And maybe strike out the claim!

troublemaker22

Snowtree_chair, I've sent you a DM 

Coupon-mad

troublemaker22 said:

Snowtree_chair, I've sent you a DM 

I know the above poster; he is trustworthy and he will help you. 

  

Snowtree_chair

Thanks both, can you please review my draft and advise

Snowtree_chair

Hi All
Can you please advise if the consent order wording below is sufficient to get ccj set aside? I am fine to pay just need the ccj to be set aside asap due to personal circumstances. Thanks for your help

UPON the Claimant and the Defendant having agreed to the terms of this Order;

AND UPON the Claimant accepting that, although the Claim Form was served to the Defendant's last known address pursuant to CPH 6.3(3) following a trace, the Defendant avers they were not in receipt of the same and therefore, was more than likely than not in a position to respond to the same;

AND UPON the Defendant having paid the claim in full

AND UPON the parties agreeing that, in view of the above, there is some other good reason for Judgment to be set aside pursuant to CPR 13.3;

IT IS ORDERED BY CONSENT THAT:-

1. The Judgment entered hereby on the.... is hereby set aside.

2. It is recorded that a request for cancellation of the judgment has been sent to Registry Trust Limited.

3. The Claim be dismissed.

4. There be no order as to costs.

Gr1pr

You should have clarified the situation before your query

Has the claimant agreed to a set aside by consent   ?  It's not clear in your posts,  but the last one mentioning it stated that you had no reply,  yet your draft order states that it is paid in full so it's

either 

Set aside by mutual consent,  the fee is less

Or

A contested set aside,  because no agreement was reached by the warring parties , which costs £313 from you 

Twice,  if you have 2 CCJs to deal with 

Snowtree_chair

Thanks Gr1pr. The claimant has now agreed to set aside by consent if I pay the outstanding amount. I am ok to do this as need this resolving quickly. I just want to check if the wording of the consent order they have provided (as posted above) is sufficient to get the CCJs set aside or if the courts can reject this. Thanks