CCJ from parking Eye Help!!

I have altered the statement. Please could you tell me if I should remove the "Preliminary Section" :

I am XXXXXX and I am the Defendant in this matter and this is my supporting Statement in support of my application dated XXXXXXX.

With the consent of both parties to set aside the Default Judgement dated XXXXX as it was not properly served at my current address and not due to failure to respond on my behalf.


Preliminary

1. The claimant has failed to prove reasonable steps taken to ascertain the address of the defendant’s current residence or place of business (XXXXX ) as outlined in Civil Procedure Rules 6.9(3)-(4):

(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) [i.e. referring to the Defendant's usual or last known address] is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –
(a) ascertains the defendant’s current address, the claim form must be served at that address; or
(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is
(i) an alternative place where; or
(ii) an alternative method by which, service may be effected.


1.1. The claimant should assume that lapse of time, or a failure to respond to correspondence, gives rise to a risk that the defendant has moved.
1.2. The claimant took no due diligence to check that the details that they had on their systems were up to date!
1.3. The claimant had no correspondence from the defendant to allow them to assume the address was still current;!
1.4. Despite having no affirmation that the address was current and ample time to check, The claimant issued proceedings anyway.!



1. Default Judgement
1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in August 2017. However, this claim form had not been served at my current address and I thus was not aware of the Default Judgement until 22nd January 2018 when I received a letter from Equita. I understand that this Claim was served at an OLD ADDRESS (XXXXXX). However, I moved to a new address in December 2016. In support of this I can provide confirmation from East Sussex County Council showing my updated details for the purposes of paying Council tax (Please see evidence 4).

1.2. The claimant did not take reasonable steps to ensure the address was still current despite having no affirmation from the defendant and having ample time to check. The claimant still issued proceedings anyway. I thus believe that the Default Judgment against me was issued incorrectly.

1.3. I have not seen any details of the Default Judgment and I did not know to what the Default Judgement related until I contacted Equita in response to their letter.

1.4. After some investigating I found out what this related to, an overstay in a carpark in Stockton-on-Tees in April 2017. This was due to a medical emergency as my friend had had a diabetic hypo and could not be left until he had stabilised so I could not leave to top up the meter (please see evidence 3). We moved house in 2016 and because it required asbestos removal and refurbishment we lived between friends until we moved in, in the late spring 2017. Unfortunately this meant a delay in updating our V5 document, a genuine mistake and therefore I did not get an opportunity to respond to the claim or defend our position. I appreciate however that this was due to my error and as such, as soon as I was aware, I promptly paid the debt off in full two days after receiving the letter from Equita (Please see evidence 2). If I had received any of the letters I would have had the opportunity to appeal and/or I would have paid sooner.

1.5. Considering the points above I was unable to defend this claim and I believe the grounds of the medical emergency would have enabled a dismissal. However I do concede that I made a genuine error of not updating my V5 document until October 2017.
1.6. I acted quickly to resolve the issue and made the payment two days after I received the letter from Equita and asked ParkingEye if they would agree to a set aside with consent (please see evidence 1).
1.7. I am hoping that the court agrees a set aside is fair, under the circumstances, and to leave the CCJ would be unfair and not due to any failure to respond on my part.

2. Order dismissing the claim.
2.1 The claimant has been paid in full (please see evidence 3).
2.3 The claimant has agreed to set aside with consent mutually.
2.4 The Claimant has sent me a signed consent order.
2.5 Considering the above I request for the judgment made against me to be set aside.


Statement of Truth:
I believe that the facts statedin this Witness Staement are true.
Full Name:!



DATED:

thank you. Would you keep the preliminary part?

Hi all, I have finally received the signed Tomlin order agreeing to a set aside. What is the next step? Apply to the court?