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CCJ Set aside by consent - Need help getting this over the line

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  • CCJ Set aside by consent - Need help getting this over the line

    Brief back story - Changed address end of 2017, Somehow (most likely and oversight on my part) Address not changed with DVLA.
    Parking charge issued in 2019 to my old address. Car was sold in 2020 with no knowledge of any parking tickets. Roll on August 2021 find out I have a CCJ from March 2021.

    Okay, so the Court papers being served to my old address I have managed to evidence the move to the claimant (SIP Parking LTD) Who have now signed a consent order (Attached & redacted). I am not appealing the charge and have set out in the consent order the payment dates and have already settled the outstanding amount.

    I became aware of this around 10 weeks ago but due to personal circumstances only begun proceedings 4 weeks (Obtaining signed consent form around 1 week ago).

    I am filling out the N244 Form with a view to submit ASAP and could do with a few pointers.

    Taking into account the above I have answered questions as follows:

    3: An order pursuant to CPR 13.2 & 13.3 to set aside the judgement dated 25/03/2021 by consent. The claim was issued to an address which the Defendant has not lived at since 02/10/2017. The parties have consented to the set aside in the form attached to this application.

    4: Yes

    5: Without a hearing

    8: District Judge

    9: The claimant

    10: Ticked box 'the evidence set out below'. Enclosed consent order between the parties, exhibit A showing the date the defendant (then living as a dependent to parent Carolyn Heath and Brett Heath named in exhibit A) moved from the address and exhibit B showing the address of residence of the Defendant on or around the time the claim was issued showing service of the claim form was deficient. '

    notes ** Exhibit A is my parents rental agreement change of address from old address, to new address, also date of the move. Exhibit B is a bank statement from the time of the CCJ showing my address at the time of issue.

    Based on the above can someone confirm I have answered everything correctly, I know my current address proof is rather weak but being that I am not on any rental agreements I don't have much else to prove where I live. What I have clearly evidence though is that we moved from my home address in 2017.

    Can anyone advise on what my draft order may look like with consent, I'm stuck on this part also and let me know if I am missing anything else?

    Thanks

    Tags: None

  • #2
    Consent order- 20211105165513691redacted.pdf

    Comment


    • #3
      Can I ask how this went? I’m in a similar situation and am about to request consent from the claimant to set aside and go down the n244 route and wondered if you have any advice or tips

      Comment


      • #4
        Originally posted by rara2022 View Post
        Can I ask how this went? I’m in a similar situation and am about to request consent from the claimant to set aside and go down the n244 route and wondered if you have any advice or tips
        start your own thread, do not use this one has no relevance to this case

        Comment

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