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Parking Eye CCJ - Set aside ?

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  • #16
    Re: Parking Eye CCJ - Set aside ?

    Thanks.... I literally just started editing that sample when you replied

    Comment


    • #17
      Re: Parking Eye CCJ - Set aside ?

      A good friend of mine works as an associate for a large bank and kindly passed his eye over the order I drafted (and made some edits to it). If anyone else in the same position as me is looking for this (and I know there's a fair few because I've been to all the same websites & forums looking for this information myself), here's a sample consent order based on the one I have sent to ParkingEye...

      https://drive.google.com/open?id=0B9...bjg&authuser=0

      Note: This is for information only; use at your own risk/choice.

      Comment


      • #18
        Re: Parking Eye CCJ - Set aside ?

        Hi my fiance is in a similar situation. Did this order work for you? Have to draft something similar except as she wasn't the legal owner of the car they have agreed she doesn't need to pay the fine. So presume I can just remove the schedule part relating to payment.

        Comment


        • #19
          Re: Parking Eye CCJ - Set aside ?

          Originally posted by ding33 View Post
          Hi my fiance is in a similar situation. Did this order work for you? Have to draft something similar except as she wasn't the legal owner of the car they have agreed she doesn't need to pay the fine. So presume I can just remove the schedule part relating to payment.
          I'm still waiting for them to come back to me, the response time from their legal department is usually around about 2 weeks, hopefully hear something from them in the next couple of days.

          In terms of what you need to draft, I'm not 100% sure, but feel free to use the draft order I uploaded and modify to suit your case.... Good luck

          Comment


          • #20
            Re: Parking Eye CCJ - Set aside ?

            Just to update, I received a signed copy of this order from Parking Eye last night. I have now paid the parking charge of £185 to Parking Eye and have submitted the signed draft to the court which should result in the removal of the CCJ from my record.

            Good luck to anyone else in the same position as myself.

            Comment


            • #21
              Re: Parking Eye CCJ - Set aside ?

              I've been searching for the court application form so I can submit the order to the court, but I cannot find which form I need; anyone able to point me in the right direction?

              Cheers,

              Comment


              • #22
                Re: Parking Eye CCJ - Set aside ?

                I assume you mean a general application form ?

                n244

                http://hmctsformfinder.justice.gov.u...s/n244-eng.pdf

                M1

                Comment


                • #23
                  Re: Parking Eye CCJ - Set aside ?

                  That's the one...

                  Under the statement "What order are you asking the court to make and why?" what should I put? I've currently added:

                  "Judgement be set aside by consent"

                  Is this correct?

                  Thanks

                  Comment


                  • #24
                    Re: Parking Eye CCJ - Set aside ?

                    I would add after consent, "of both parties".

                    M1

                    Comment


                    • #25
                      Re: Parking Eye CCJ - Set aside ?

                      Thanks

                      Before I pop the form in the post today, could you clarify:

                      Question 4. Have you attached a draft of the order you are applying for? (answer=YES)
                      Question 5. How do you want this application dealt with? (answer=without a hearing)
                      Question 10 - should I just leave this blank?

                      Many thanks for all your kind help, it's very much appreciated

                      Comment


                      • #26
                        Re: Parking Eye CCJ - Set aside ?

                        10. Do you have evidence that the claimant has consented ?

                        M1

                        Comment


                        • #27
                          Re: Parking Eye CCJ - Set aside ?

                          Yes, I have correspondence between myself and Parking Eye's legal team, one of the paragraphs in an early email they stated:

                          "The standard procedure for setting aside a Default Judgment would be for an N244 form to be filed with the court and a court fee of £155 to paid. Please note that by making an application this does not guarantee that the Judgment will be set aside and that this will involve a hearing in front of a Judge. As an alternative, as noted in your correspondence, such an application can also be done via consent and in this instance, given the circumstances outlined, ParkingEye would be prepared to attempt to deal with your proposals via a Consent Order. The cost of this would be £50, payable to the court, which would need to be covered by yourself and not ParkingEye. We would need you to draft the order required and once it is prepared, we would request that this is sent to us by return to this email address. This will then be reviewed and should any changes be required, we will notify you of the same, so that we can work to find an agreeable solution to the case."

                          They have signed the Tomlin order which outlines this agreement, I will attach the Tomlin order with the application form.

                          Thanks,

                          Comment


                          • #28
                            Re: Parking Eye CCJ - Set aside ?

                            So in 10 i would list any documents to evidence the agreement.

                            1. document x dated xx an email from a to b.
                            2 Document y dated xx a letter from a to b

                            etc

                            M1

                            Comment


                            • #29
                              Re: Parking Eye CCJ - Set aside ?

                              Thankyou very much for all your help ...I will post the application later this afternoon.

                              Comment


                              • #30
                                Re: Parking Eye CCJ - Set aside ?

                                Originally posted by junglist_matty View Post
                                Thankyou very much for all your help ...I will post the application later this afternoon.
                                Hi Matty,

                                I'm in a similar (Although slightly different) situation, which I might create a new thread for, but would it be possible to get the contact email for the Parking Eye legal department, so that I can undertake the same action if necessary. I have tried the number on their website but that just appears to be for payment only.

                                Are you able to provide this? I'm not sure if PMs will work, and I can provide an email if needed (or allowed).

                                Also if you go the consent route - was the total cost Fine + Consent (£50) + Set aside with the signed consent (£155)?

                                Thanks

                                Comment

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