CCJ Set Aside Cabot

[coxdavid1990]

So this is my first letter that I can get sent in the post tomorrow. Please note, I have not denied the ticket, as I'm aware it was issued, however understand that my wording may not be correct here, so would appreciate the advice.

Currently working on the Consent Order...





Civil Enforcement Limited
Horton House
Liverpool
L2 3PF

14^th February 2019

Your reference: [Reference Number]

Dear Sir or Madam,
Re: Application to set aside judgment
Civil Enforcement Limited v XXXX

I am writing with reference to the above matter.
It has come to my attention following a review of my credit report on Experian Credit Expert, that Civil Enforcement Limited (“CEL”) have obtained a County Court Judgment dated 18 October 2018. The judgment appears to relate to an outstanding balance in respect of a penalty charge notice (“PCN”) however the particulars of claim are very unclear.
I attempted to resolve said issued PCN, via telephone and email on several occasions, please see the evidence attached, to which I received no response at the time. Following a telephone call to the court, I am now aware that CEL have issued a claim at my previous address XXXX and not my current place of residence. It is therefore my intention to submit an application to the court on the grounds that service of the claim form was invalid and that I have a reasonable prospect of successfully defending the claim. Accordingly, please provide the following documents:

• the claim form;
• detailed particulars of claim;
• the PCN ticket and all other relevant documents in relation to the PCN
• all correspondence from CEL addressed to me in respect of the PCN.

You should be aware that any application to set aside a default judgment must be made promptly and I require the above-named documents from you within the next 7 days from the date of this letter.


In order to minimise the costs to both parties, I have enclosed a Consent Order for your perusal. If you consent to setting aside the default judgment, please sign and return the Consent Order by 4pm on 23 February 2019. In return, I am prepared to pay for the cost of the application with no order as to costs. Should you consent, I will prepare a draft consent order for your perusal.
If I do not hear back from you by the above-mentioned date, I will have no other choice but to issue an application to set aside the default judgment without further notice to CEL. In this case, I will seek full costs of the application along with all other incidental costs. I estimate these costs to be £255 for the application fee as well as [number] hours’ preparation in respect of the application at a rate of £19 per hour.
I look forward to hearing from you by 4pm on 23 February 2019.

Yours faithfully,

[Your Name]

[ostell]

The only comment I have is that a PCN in these circumstances is a Parking Charge Notice. Yes they hope that you think it is a Penalty but it's a mere invoice

[coxdavid1990]

The only comment I have is that a PCN in these circumstances is a Parking Charge Notice. Yes they hope that you think it is a Penalty but it's a mere invoice

So if I send what I've pasted above along with the following;

To understand, I do not have to send any form of payment or anything at the moment? But I'm assuming at some point I'd need to pay £100.00 (is this the maximum fee?) but to whom?

IN THE XXXX COUNTY COURT	CLAIM NO: insert claim no.
B E T W E E N

	CIVIL ENFORCEMENT LIMITED (CEL)
		Claimant
	-and-
	XXXX
		Defendant

	CONSENT ORDER

UPON the application of the Defendant to set aside a default judgment dated 18 October 2018

AND UPON reading the evidence recorded in the Court file as having been read.

BY CONSENT IT IS ORDERED THAT:-

1. The default judgment entered on 18 October 2018 be set aside.

2. The Claim is withdrawn.

3. There be no order as to costs.


Dated this (this is the day that I send the forms of 7 days from the dates of sending?) day of ……………………..

Signed ………………….………………….		Signed ………………….………………….
[INSERT ADDRESS]		[INSERT ADDRESS]
For and on behalf of the Claimant		The Defendant

[R0b]

I'll take a look later tonight and get back with any feedback

[coxdavid1990]

I'll take a look later tonight and get back with any feedback

Did you have any joy Rob? Sorry to be a pest!

[R0b]

Sorry I thought I had already replied, I was on my phone so must not have gone through.

By and large your letter and consentcorder is fine to me however the last paragraph of your letter you haven't amended the number of estimated hours youvr left the brackets in so you'll need to change that. I think it would be reasonable for a lay person to spend 8-10 hours preparing and completing the application as well as your witness statement t and other supporting evidence.

if you have already been corresponding by email it would be wise given the 7 day deadline, to send it both email and post and not just post.

[coxdavid1990]

Sorry I thought I had already replied, I was on my phone so must not have gone through.

By and large your letter and consentcorder is fine to me however the last paragraph of your letter you haven't amended the number of estimated hours youvr left the brackets in so you'll need to change that. I think it would be reasonable for a lay person to spend 8-10 hours preparing and completing the application as well as your witness statement t and other supporting evidence.

if you have already been corresponding by email it would be wise given the 7 day deadline, to send it both email and post and not just post.

No problem and in regards to the £100.00 fee, is this the maximum fee? If so, when and to whom would this be paid please?

[pt2537]

Claim cannot be ordered by the Court to be withdrawn, that will likely be refused by the Judge, trust me on this ive been trying to get the same message through to Cabot who keep sending the Court a bad order only for it to be rfused as i t old them it would.

Change withdrawn to dismissed and youre in business

[R0b]

Yes PT is right that is my bad (old habits) - there's nothing within the CPR that provides for a claim to be withdrawn; only can a claim be discontinued or dismissed and the latter is what you should be seeking.

[coxdavid1990]

Claim cannot be ordered by the Court to be withdrawn, that will likely be refused by the Judge, trust me on this ive been trying to get the same message through to Cabot who keep sending the Court a bad order only for it to be rfused as i t old them it would.

Change withdrawn to dismissed and youre in business

No problem, will get this adjusted. Any advice on my previous post regards the £100.00 payment also?

Thank you

[R0b]

You can usually pay by cheque payable to HM Courts and Tribunal Service

[coxdavid1990]

You can usually pay by cheque payable to HM Courts and Tribunal Service

And this would be the only fee to pay? Based upon CEL contacting me and agreeing to this?

[R0b]

Assuming CEL agree to it then yes. Not sure they would agree to it since they will claim you breached the terms and so they should be owed some money of sorts. I would expect them not to accept the dismissal of the claim rather they might agree to set aside with no costs and then you having to file a defence.

I would suggest you whack it out and see what they say, if they want to negotiate that's fine but the ball is in their court.

[coxdavid1990]

Assuming CEL agree to it then yes. Not sure they would agree to it since they will claim you breached the terms and so they should be owed some money of sorts. I would expect them not to accept the dismissal of the claim rather they might agree to set aside with no costs and then you having to file a defence.

I would suggest you whack it out and see what they say, if they want to negotiate that's fine but the ball is in their court.

Well the way I view it is I guess there's no harm in trying this and seeing what/if they come back with anything?

Best scenario is that they respond agreeing then it only costs £100.00 - is that right?

Would it benefit me at all if I offered to pay the oustanding balance? In the grand scheme of things, I don't care about paying the balance just want it removed from my file.

[R0b]

Start off on your best foot first and then come down if need be.

In theory you could agree to pay the cost of the PCN within 14 days of the order and have the case dismissed if that's what you wanted.