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Draft Consent Order to set aside CCJ – do I need a cover letter?

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  • Draft Consent Order to set aside CCJ – do I need a cover letter?

    Dear all,

    Please help – any advice would be hugely appreciated. PE has sent me a draft consent order for my CCJ to be set aside after I contacted the hotel my wife parked at, to complain over a PCN we knew nothing about (my address hasn’t changed, but I received no correspondence from PE or from the court – this is my DVLA-registered address).

    After the claim no. / claimant and defendant details, the draft consent order includes…



    Upon the Defendant informing the Claimant that they did not receive a copy of the claim form so they were unable to defend the claim and full, and;

    The Claimant has been made aware that the defendant was a patron of the site at the material time of the Parking Event.

    BY CONSENT IT IS ORDERED THAT:

    1. The Judgment entered against the Defendant on...(date)... is hereby set aside.

    2. The claim stands dismissed.

    3. There shall be no order as to costs.



    Do I need to send anything else with the draft consent order? PE has said the consent form is in place of the N244 form. Is that the case? Do I need a cover letter or anything else – or just to email this to the court?

    Also, do I need to mention my paying of the £100 court fee?

    Many thanks in advance.
    Tags: None

  • #2
    It is not clear: have you already applied to set aside the judgment? If not, you will need to make a formal application, to lodge with the signed consent order, and pay the fee (have you asked if PE will cover that or reimburse you?).
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thank you for your quick reply! I haven't applied to set aside the judgement - I was just waiting for the draft consent form. How do I make the formal application (sorry if a very daft question). I called CCBC and they provided an email address (ccbcfees@justice.gov.uk), but they weren't very helpful on the phone. PE said they would provide the draft consent order, if I pay the fee.

      Comment


      • #4
        Any advice on emailing over the draft consent form to the court, and the wording I should use, would really be appreciated!

        Comment


        • #5
          Hi all, I emailed the signed draft consent form to the court and received an automated response that I would hear back in four to eight weeks (this was five weeks ago).

          I’ve since (at the end of June) received a letter from bailiffs on behalf of the parking company saying I need to pay the judgement (£200) or action could be taken.

          Should I email the parking company to let them know I’ve received a letter from the bailiffs and remind them I’ve submitted the draft consent form to the court?

          Any help would be much appreciated!

          Comment


          • #6
            Hi all, any advice on the above? Many thanks!

            Comment

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