CcJ set aside please help court dismissed

[Jane582]

Hi all

please help. Ccj set aside application was dismissed. It was a consent application had consent of parking eye. My circumstances were never got the claim but at the time my mental health wasn't great following death in a car accident of partner and father of 4 children. I explained all this and the order said dismissed 13.3 no met and then it was confusing about I could reapply with fee basically

help can I appeal how do I do it? Does anyone know the fee?

Im a loss what to do now

[Jane582]

I sent in a consent order made sure it was worded right, deputy dj looked at application dismissed application - I sent in a statement setting out that I never go the application, I was suffering depression at the time also bereavement and I explained to parking eye and they agreed and signed consent order and still it wasn't agreed.

[Amethyst]

It might be an idea to post a copy of the order you have received from the court ( redact personal details )

CPR 13.3 is the below, so could have been because the application wasn't made promptly, or because it didn't appear there was any other reason to set aside...

Cases where the court may set aside or vary judgment entered under Part 12

13.3

(1) In any other case, the court may set aside^(GL) or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside^(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

(Rule 3.1(3) provides that the court may attach conditions when it makes an order)

(Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.)

When you say it was a with consent application do you mean Parking Eye agreed to the set aside in writing and you filed that written consent with the application ?

[Amethyst]

I sent in a consent order made sure it was worded right, deputy dj looked at application dismissed application - I sent in a statement setting out that I never go the application, I was suffering depression at the time also bereavement and I explained to parking eye and they agreed and signed consent order and still it wasn't agreed.

Ahhh so it was a signed consent order.... hmmmm. Think we might need to see a copy of that as well as the original set aside app you filed, and the judgment order.

[Jane582]

To update I replied another 100 pound did a clear statement in support and it was set aside !! Removed from register and credit profile within 7 days

[Amethyst]

Well done, that's a relief. Would you be able to post a copy of what you did enter in replacement of the original - it might help others struggling to get the right wording. xxx Thank you