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CCJ Consent Order Form Review

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  • #1

    CCJ Consent Order Form Review

    Hi,

    I have a PCN ccj that I wish to set aside. The solicitors are Gladstones Solicitors Limited and the parking company is UK car park management limited.
    Reason for CCJ set aside is because it was served to the wrong address.
    Gladstones have agreed to a set aside but I've been asked to adjust the following consent order as per;

    "Thank you for your correspondence.
    Our Client is happy to consent to the Judgment being removed given you were not at the address proceedings were issued at despite them being provided by the DVLA however, please confirm whether you will be paying the Judgment or disputing the charge? This will need to be shown within the consent order as to what the next steps will be.
    Please also amend to allow Gladstones Solicitors Limited to sign on behalf of the Claimant.    "

    I wish to dispute the original PCN. Does the amended consent order below to meet the instructions above? I'm particularly not sure about the wording I highlighted in yellow.

    Click image for larger version Name: For review - Copy (Medium).png Views: 1 Size: 485.3 KB ID: 1536389
    Tags: None
  • #2
    That highlighted section makes absolutely no sense in relation to a car parking CCJ, where did you get the Consent Order from assuming you didn't draft this yourself?

    In short, that wording does not allow you to dispute the PCN.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment

    • #3
      Originally posted by R0b View Post
      That highlighted section makes absolutely no sense in relation to a car parking CCJ, where did you get the Consent Order from assuming you didn't draft this yourself?

      In short, that wording does not allow you to dispute the PCN.
      I picked it up from another consent order form for a lease dispute. What I want to do is reword that line so that it relates to a PCN and conveys that I will be challenging the original PCN so the claimant should serve the papers to the correct address

      I think I need help with finding the right replacement for "Deed of Release and Assignment"

      Comment

      • #4
        Yeah i wouldnt use that , unless of course you want to bugger your case more than it already is.

        The order as drafted has some many difficulties, in fact the Court could not make that order, paragraph 4 cannot be ordered thats for sure.
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment

        • #5
          The PCN is changing their story, even though I have the evidence, and they do not want to pay for the £100 court fee. For that reason I'll have to submit a N244 with a witness statement and draft order

          Comment

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