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Parking Eye CCJ - Set aside ?

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  • #31
    Re: Parking Eye CCJ - Set aside ?

    I've just contacted the County Court Business Centre and spoke to someone there regarding a consent order and am more confused. They have stated if that I can get a consent order signed by Parking Eye then I would send it in to the CCBC in Northampton, pay £50 over the phone and then wait for the district judge to make a ruling.

    If it is accepted then the CCJ will be gone with no need to perform the extra step of sending in a N244 form with the additional fee. Is this correct? As this doesn't appear to be what has happened in this thread earlier?

    Comment


    • #32
      Re: Parking Eye CCJ - Set aside ?

      A consent order is filed by way of application which you would need to make. You could go via "without a hearing" i.e. paperwork only and yes it's £50.

      There is no need to pay 2 fees for one application even when asking for more than one thing. Normally setting aside is best done via a hearing but if the other side consents the cheaper paperwork only option should suffice.

      M1

      Comment


      • #33
        Re: Parking Eye CCJ - Set aside ?

        Thanks for the response. Its getting slightly clearer now, basically the N244 form is used to submit any relevant evidence/documents and its the fee that can vary - in this case £50 if I can get a signed consent order, or £155 if I apply for a hearing direct, without involving the claimant. I'm still trying to find details of the legal department initiate discussions and the thread starter hasn't yet been able to get in touch with me. More than likely he doesn't check the forum any more. I will try to make contact via their website forms, but if I don't receive a response in a reasonable amount of time then I may have to go down the hearing route, even though that appears to be more antagonistic. I want to be able to demonstrate that I have tried to resolve this quickly since being made aware of the CCJ.

        My case is slightly different to the OP in that although my home details weren't correct with the DVLA at the time of the fine, they were about 3 weeks after. Parking Eye could have checked again at the multiple points of escalation before starting court procedures, at the very least before filing with the court. Not trying to say its all their fault, clearly I recognise I didn't fulfil my obligations in time, but it could have been so much simpler.

        Hopefully I can get some traction with getting in touch with them. I will have a look at the draft consent order that was linked in this thread and see if that makes sense.

        Comment


        • #34
          Re: Parking Eye CCJ - Set aside ?

          Send a private message to Matty and you might get their attention.

          M1

          Comment


          • #35
            Re: Parking Eye CCJ - Set aside ?

            Originally posted by ovel View Post
            Thanks for the response. Its getting slightly clearer now, basically the N244 form is used to submit any relevant evidence/documents and its the fee that can vary - in this case £50 if I can get a signed consent order, or £155 if I apply for a hearing direct, without involving the claimant. I'm still trying to find details of the legal department initiate discussions and the thread starter hasn't yet been able to get in touch with me. More than likely he doesn't check the forum any more. I will try to make contact via their website forms, but if I don't receive a response in a reasonable amount of time then I may have to go down the hearing route, even though that appears to be more antagonistic. I want to be able to demonstrate that I have tried to resolve this quickly since being made aware of the CCJ.

            My case is slightly different to the OP in that although my home details weren't correct with the DVLA at the time of the fine, they were about 3 weeks after. Parking Eye could have checked again at the multiple points of escalation before starting court procedures, at the very least before filing with the court. Not trying to say its all their fault, clearly I recognise I didn't fulfil my obligations in time, but it could have been so much simpler.

            Hopefully I can get some traction with getting in touch with them. I will have a look at the draft consent order that was linked in this thread and see if that makes sense.
            Hi Ovel,

            I am in a very similar situation. Did your application to CCBC with a consent order result in your CCJ being removed?

            Comment


            • #36
              Re: Parking Eye CCJ - Set aside ?

              Originally posted by xleecex View Post
              Hi Ovel,

              I am in a very similar situation. Did your application to CCBC with a consent order result in your CCJ being removed?

              Hi All,

              Just to confirm, my CCJ has been set aside (agreement by consent using the tomlin order I attached to this thread)..... It's also worth noting that the court application fee to set aside a judgement by consent has now gone up from £50 to £100 (from March 21st 2016).

              Finally (and the reason for this update), I got an email last week from casehub for anyone who is in the same situation as myself, it's worth signing up if you are as there could be some compensation if the case is successful (which would be nice).....

              https://casehub.com/cases/parking-eye-ccj-fines



              Good luck!

              Matt.

              Comment


              • #37
                Re: Parking Eye CCJ - Set aside ?

                Sorry for the late responses. I managed to get PE to sign the consent form so after paying PE through their website. I spoke to someone at the CCBC, and subsequently put through to pay the £100 admin fee. I then sent my N244, and the signed/scanned consent to a CCBC address along with my payment reference. In the process of doing this, they mentioned that PE had already informed the court I had paid.

                Not sure if I get any communication once my application is seen and hopefully actioned but its only been 2 weeks so far. Not sure how long it took for Matty.

                Fingers crossed it all goes through fine. Lesson learnt and definitely something that I should have got round to much much earlier. If anyone PMs me, please clear some PM space in your inbox. A number of people have and I have been unable to respond!

                Regards
                Ovel

                Comment


                • #38
                  Re: Parking Eye CCJ - Set aside ?

                  Good to hear you got your application posted.... PE do tell the courts when you pay, if you check your credit record the ccj will still be on it, but will show as being "settled" (or something like that)..... The court sends your application to be processed (that takes up to two weeks from when they receive it), then it takes another 4 weeks for a judge to look over it and make a decision. You'll get information in the post about the decision, if succesful, it then takes up to another four weeks for the credit agencies to remove the ccj.... Then it won't show on your credit record! If it's rejected they will tell you why and how to get it sorted, mine was rejected the first time and had to make some changes and resubmit then it was accepted (you don't have to pay application cost more than once though).

                  Comment


                  • #39
                    Re: Parking Eye CCJ - Set aside ?

                    One last update. Since starting this process, I have signed up to Noddle, which gives free monthly credit reports. I was previously in the RED, with a very low score (which is shown in the 'public' section, but on receiving my latest report, this has now disappeared and I am up to a GOOD rating again Happy days.

                    Happy to help out anyone who needs the Consent form, any details for contact/payment, and how to fill out court forms. If you PM me, then PLEASE clear room by getting rid of sent items or something so I can actually respond.

                    Thanks to Matty for all the assistance. Happy this is behind me now, and hopefully its the last I will ever hear of this

                    Comment


                    • #40
                      Re: Parking Eye CCJ - Set aside ?

                      An example Tomlin Order template that can be used to set aside by consent of both parties

                      I have drafted a Tomlin Order template which I used to get my case set aside by consent of both parties. The court removed the CCJ from my record using this very same Tomlin Order so feel free to download it and use it yourself if you are looking to get your case set aside by consent...

                      https://drive.google.com/file/d/0B91...FmNnZIc3M/view

                      Comment


                      • #41
                        Re: Parking Eye CCJ - Set aside ?

                        Matty,

                        your post got moved to the completed section of the forum, and some other replies got split off into another thread, as someone else (multiples actually) were enquiring. I wrote up pretty much everything that I did end to end and added it there, along with attachments, which were based off your form as you know If you want, you can post that link there too, incase people want to use yours


                        http://legalbeagles.info/forums/show...587#post690587

                        Thanks again for your help. Glad its out of the way now.

                        Hopefully my post has helped others too like you helped me.

                        O

                        Comment


                        • #42
                          Re: Parking Eye CCJ - Set aside ?

                          No bother, if you feel there's a better place to share the example order, feel free to add the link whenever and where ever you think it's required.

                          When I was drafting the order, I wasn't able to find any examples of consent orders, at least any examples us mere mortals could gain access to (most I came across are locked down only accessible for law professionals). I did contact a law firm and they quoted me costs of £500+ and that was back when the N244 application (for set aside by consent) fee was £50 to essentially do exactly what I did myself.... Hence I thought as I had gone through all this pain of having to spend hours researching how to get a case set aside by consent that I would make the information available for anyone else in the same situation and provide some useful notes / resources to help them achieve that.... So feel free to continue sharing that knowledge, I will keep the example template on my google drive "forever" so it will always be available for others to view, download, edit and use for themselves.

                          BTW, glad to hear your case is all sorted now and thanks for continuing to help other people in the same situation!

                          Comment


                          • #43
                            Re: Parking Eye CCJ - Set aside ?

                            Hello junglist_matty,

                            I've been following this thread recently due to my own very similar situation. I spotted the ccj a few weeks ago, immediately paid then requested help from Parking eye in signing a consent form to send to the court along side my N244 form to set the judgement aside. They havent been instantly helpful... Part of your paragraph says "given the circumstances outlined" What were the circumstances in your case that have made them want to help?

                            I'm currently awaiting the response to my tomin order that I emailed them to be signed. I used your template.

                            Thanks for your help! Citizens advice didnt have a clue.

                            Matt

                            - - - Updated - - -

                            Hi Ovel,

                            Thanks for your posts on here. I'm in a very similar situation.. Just awaiting Parking eye's response to my tomlin order i have sent them to be signed.

                            Burning question.... How did you get them to sign it??? I have paid in full so I don't see why they wouldn't...?

                            Thanks again,

                            Matt

                            Comment


                            • #44
                              Re: Parking Eye CCJ - Set aside ?

                              The big mistake is paying before you get things done. They no longer have any incentive to help. Hopefully they still will help.

                              M1

                              Comment


                              • #45
                                Re: Parking Eye CCJ - Set aside ?

                                Can anyone help please?

                                I'm in exactly the same situation and am trying to get the CCJ removed for a parking charge. Parking Eye have agreed to consent so I have been using the template Tomlin order attached to this thread.

                                What do you put on the schedule where it says [the monies owed reference]?

                                Comment

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