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
14th 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:
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]
Currently working on the Consent Order...
Civil Enforcement Limited
Horton House
Liverpool
L2 3PF
14th 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.
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]
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