Having a CCJ set aside with a consent order

[bp-01]

I need your advice and guidance on an issue that has come to my attention since 25/09/2019.

After doing a quick check on my credit file, I noticed a public record registered against my report, for the first time which was not expected and as you can imagine, a shock. After reviewing the details it originates from a PCN I received after parking in a private parking space close to work in an emergency.

My credit score was rated good, then moved to fair and is now poor, which will severely impact any future credit applications.
I work in public sector and my most recent role was with a private company in a regulated sector, and worry that this public CCJ may.. may impact my job if I change or apply for new roles in the same sector.


Background:

1/ I moved home to start a new role at the start of August 2018, and requested that my former landlord send my mail for 2 months as we changed our addresses with our utility providers, DVLA, council...

On the 08/08/2019 I received a PCN from my parking charge dot co dot uk , who are managed by VCS Ltd. Due to my move to the new address, I have not received any further correspondence from either myparkingcharge or VCS Ltd.

I updated my registered keeper details for the V5C with the DVLA on 10/09/2018. I presume the parking company contacted the DVLA on or around 08/08/2019 to obtain the address of the registered keeper, and were given my former address details, and as a consequence was only made aware of the stage at which this PCN was at when I saw the CCJ on my credit file
(having not received any correspondence from the parking company at my new (current) address).


2/ I contacted the Northampton county court business centre too after looking at my credit report to ask about who had raised the county court claim and how much was outstanding on the claim. I then proceeded to call Excel Parking Ltd who are the litigators/debt management team for VCS Ltd. I then paid the outstanding fee of £185, they then sent me their
Consent Order so I could request the county court business centre 'set aside' the judgement.

According to the Consent Order, it states that upon the parties agreeing that the defendant did not receive the claim form (sent on 28th December 2018), and the particulars of claim before a judgement was entered against me on 18th February 2019, that the judgement be set aside, dismissed and no order as to cost.


3/ I contacted the DVLA and confirmed that the registered keeper address was indeed my new address and have evidence of this from the V5C form.

4/ I have submitted the completed N244 for the judgment to be set aside, with evidence set out about the change of address, alongside the V5C form and the Consent Order from Vehicle Control Services Ltd.

I need advice now on what I need to do next, Should I attach a witness statement? I have drafted one up. Is the N244 form along with a brief summary of the evidence enough?

How do I move forward and try to resolve this?
Is it enough to submit the N244 with the consent order and pay the £255 fee?


My main concern is that it will impact my credit record which will in turn potentially have an impact on my job/role.


Look forward to your responses all, many thanks.

[R0b]

If you are agreeing the Consent Order then you need to submit an N244 and only the signed Consent Order together with the fee which is £100, not £255.

The application will be put in front of a judge who decides whether to accept the CO or not. This is usually a rubber stamp process however if the judge thinks something suspicious is going on then he or she may order the parties to attend a hearing and explain themselves. Given the lack of court resources, this occurs rarely or when you get a judge who likes to be a busy body.

Assuming the CO is granted, then the court will update their records and the Registry Trust (they manage the CCJ records) is notified who will then remove the CCJ from your records. Sometimes this is immediate, others can be a few weeks but you could speed up the process by sending the stamped order to the Registry Trust and ask them to remove the CCJ.

Credit reference agencies tend to update their records at the end of the month so you might have to wait a little longer depending on the cycle.

P.s. assuming it says dismissed, that means the whole claim is dismissed and nothing further to happen. I would double check it actually says that or post up the CO and we can confirm.

[bp-01]

Thank you for your quick response Rob.

Please see enclosed CO and N244 completed. Is this sufficient or should there be other details added?

[R0b]

First of all, when you upload documents you should redact your personal information. This is a public forum and anyone reading this thread can steal your details.

You've only uploaded the CO not the N244. However, in the N244 in the box asking what order you are asking the court to make, you could put something like:

The parties have agreed by consent (signed Consent Order attached) that the default judgment be set aside and the claim be dismissed in its entirety with no order as to costs.

The parties ask the Court to give effect to the Consent Order.

[bp-01]

Thanks. Redacted and re-uploaded both CO and N244.

[R0b]

A few points to note:

1. Is the name of the Claimant correct as it was on the original claim form or default judgment? Vehicle Control Services Limited operate in the car park management business but never heard of VCD Ltd. Equally, are you sure VCS Ltd is correct? I've done a quick look on Companies House and can't find a company under the name VCS Ltd. Suggest you double check this point.

2. You have some questions on the form you've not answered:

Q4. Should be yes (it's the consent order).
Q5. Without a hearing.
Q6-Q7 can be left blank.
Q8. District Judge would suffice
Q9. Claimant
Q10. You don't need to submit any witness statement as the application is not contested since you've both consented. So this can be left blank.
Q11. Make sure to sign, and date and strike out the irrelevant things in parenthesis. For example you are the applicant so you need to strike out/cross through where it says legal representative/litigation friend.

Also make sure to add your address to the bottom, incl. postcode and if you wish you can add contact details and email address.

Finally, you should send a cover letter stating that your N244 application and CO is enclosed, together with the cheque of £100. The cheque I believe should be made payable to HM Courts and Tribunals Service. Though if you are paying by other methods then you'll need to call them.

[bp-01]

I appreciate your help here, I look forward to this being resolved very soon!