CCJ from Parking Eye - help to get it set aside and contest charge

freddiefluff

Thank you for the response. I will get it sent! 

Me and my ex husband both vacated the marital home and the new owner has confirmed all post was returned to sender. 

I have contacted the CNBC but they said they have no record of this.   

Coupon-mad

freddiefluff said:

Thank you for the response. I will get it sent! 

Me and my ex husband both vacated the marital home and the new owner has confirmed all post was returned to sender. 

Ah sorry - you will need to reword that bit!

freddiefluff

Haha no problem at all, I did before I sent it. No response as yet. I guess will probably be next week if I do hear once everyone is back to work. 

freddiefluff

URGENT HELP REQUIRED 12pm deadline 09/01/26

Hi @Coupon-mad and anyone on the team, 

I just received an email from Parking Eye with the below proposed consent order, ahead of the court case scheduled for Tuesday next week. 

CONSENT ORDER

_____________________

The Claimant has been made aware that the Defendant was not residing at the address that

correspondence was issued to and therefore had no opportunity to defend this claim in full, and

pursuant to CPR 13.3(1)(b)(i);

BY CONSENT IT IS ORDERED THAT:

1. The Judgment entered against the Defendant on 17/09/2024 is hereby set aside;

2. The claim stand as dismissed, and

3. There shall be no order as to costs.

Am I reading this correctly and that it means the CCJ will be set aside and no costs? As always, appreciate your thoughts and guidance 🙏

Coupon-mad

Yes.

But why would you agree to that if (I assume) you've already paid £313 in court costs?

The onus was on them to carry out a soft trace to find your address before litigation. They know they screwed up and they don't want to be exposed at a hearing, to pay your costs.

Hence this rushed draft is 'damage limitation' on their part. We see this all the time. It's not goodwill!

There's no reason you should be £313 out of pocket, is there? You have a MANDATORY set aside situation (the judge will have no discretion and the court MUST order the CCJ set aside) so this email offers you nothing of value...

...Or does it?

Everyone is different. Are you quaking in your boots about the hearing even though it is a mandatory CCJ set aside case under CPR 13.2 and this is a shoo-in application?

If you are hearing shy and if you are £313 out of pocket but want to settle this, you could reply tonight, telling ParkingEye that you are well aware they breached the CPRs and Code of Practice by failing to carry out a soft trace. The main fault in this case was theirs and the Court of Appeal authority of VCS v Carr provides for full costs for the Defendant in these circumstances. However, you will accept & sign a Consent Order only if they agree to pay half your costs (i.e. the application fee of £313 paid on DATE - receipt attached) and they have until Monday 4pm to agree to that.

If not, you will seek full costs including travel and a day's attendance at the hearing.

If you send something along these lines, head your email:

WITHOUT PREJUDICE, SAVE AS TO COSTS.

If not hearing shy, just email and say no, you want your £313 court fee paid so you prefer to go to your hearing and rely on VCS v Carr as authority to strike out the expired claim and set aside the CCJ and to order ParkingEye to pay all costs.

Coupon-mad

None of the above applies if you got Help With Fees and didn't pay a fee to the court.

And as always, it's your money, your decision. But see that Order for what it is!

freddiefluff

Thank you - that is so helpful. Yes, I did help with fees.

The only thing I am nervous about is if my Help with Fees application isn't approved? 

Or would that have already come up and been flagged that I need to pay before the court case? 

Obviously I would prefer not to go to court, but I am willing to do whatever I need to to protect my position and not have to pay a fee! 

Coupon-mad

Your Help With Fees Application was six months ago surely? Must have gone through as the application proceeded.

In that case, you can accept the Consent Order and ask ParkingEye to send the signed version to the court and they must ask the local court to place it before a judge to vacate the hearing.

If you do not hear from the court that it has been vacated you will need to phone up and bother the local court until they confirm.

freddiefluff

Oh yes good point, it was months ago, you are right. 

Brilliant, I will do that and let you know. Thank you for the quick response - it is much appreciated! 

freddiefluff

Hi @Coupon-mad, 

I called the court and the document is not on file yet. She said it could still be being processed and I need to attend court unless I hear otherwise. 

Is there anything I need to know or be aware of? 

Thanks in advance.