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Ticket issued on July 2018.
I moved places Sept 2018
I found out I a CCJ on my file this start of this week, Aug 2020
CCJ served Nov 2018
I received no court letters at my new and current address. Steps I wish to follow are;
1) Request set aside by consent from UKCPM by emailing Gladstones and CC'ing UKCPM with my letter and pre-drafted Consent Order form. I am willing to pay to the £100 fee. I may consider settling the invoice, £300, if they remove the CCJ first then I pay the invoice and £100 court fee.
2) If denied or the terms are not great I'll file a Set Aside on discretionary grounds on the basis of non-receipt of the claim form using the N244 I've received from County Court Business Centre (CCBC). I'll submit no later than the end of Aug 2020. My N244 shall be submitted along with Witness Statement, a Draft Order, and a Draft Defence. I've read that Draft Defence is not necessary at this stage but I should prepare one ahead of time of the court hearing?
With regards to step 1) I kindly ask for help in checking what I have written in my letter for Set Aside by Consent and terms in my Consent Order for are adequate. As mentioned above I'll email Gladstones, UKCPM solicitors, and cc UKCPM general enquires email.
Gladstones Solicitors Limited
The Terrace, High Legh Park Golf Club
Warrington Road, High Legh
Knutsford
Cheshire
WA16 6AA
20th August 2020
Dear Sir or Madam,
You have obtained a County Court Judgment (CCJ), via County Court Business Centre (CCBC), for the total amount of £### on December 2019. The date of issue was on November 2019 and the date of service was on November 2019. The case has been filed by CCBC under the case number of ######### against the address of [previous addess] as verified by a Registry Trust search, refer to Attachment A.
Unfortunately, on September 2018 I had moved out of [previous address] and relocated to [current address], my current residential address. This fact is verified with Attachment A which details my tenancy agreement for [current address]. Additionally, a query of my credit file either through Equifax or Experian (Attachment B and Attachment C respectively) would have revealed my current residential address at the time of you filing the CCJ on the November 2019 as mentioned above.
It is clear that you did not perform any kind of basic trace to find me which is contrary to the rules of service CPR 6.9 as you had reason to believe I no longer resided at [previous address]. To further back this claim of my residence address changing long before you filed the CCJ on November 2019, please refer to Attachment D for my 2018/19 council tax from City Council which confirms my current address at [current address]. This is also seen in Attachment E, which is a Type A Review dated October 2018 from City Councils Election Office showing that I had left [previous address].
As such with the above evidence, I am going to apply for a set aside. I am asking you to consider CPR 1 and consent to a set aside by consent to save on costs, court time and so on.
I propose that Joe Bloggs, the defendant, pay the set aside by consent fee of £100 and that you sign the attached Consent Order no later than 28th August 2020, in other words no later than 7 days on receipt of this letter. If the Consent Order is satisfactory and signed by both parties, I would then take responsibility for submitting the N244 application with the completed Consent Order, bearing the administration cost with the County Court directly.
Please respond at your earliest convenience but no later than 28th August 2020.
Yours faithfully,
Joe Blogg
COUNTY COURT BUSINESS CENTRE
BETWEEN:
Dated 20th August 2020
UPON the Claimant and the Defendant having agreed to the terms of the settlement and these are set out in a settlement agreement dated 20th August 2020 and attached hereto as Schedule A (the Settlement Agreement),
IT IS ORDERED THAT
Signed by [NAME]
Signed by for and on behalf of UK CAR PARK MANAGEMENT LIMITED
MADE ON 20th August 2020 BETWEEN
(a) [NAME] of [ADDRESS] (the Defendant); and
(b) UK CAR PARK MANAGEMENT LIMITED with company number 03454635050 and of registered address GROUND FLOOR, 19 NEW ROAD, BRIGHTON, UNITED KINGDOM, BN1 1UF (the Claimant).
IT IS AGREED THAT:
SIGNED:
Signed by .[NAME]
Signed by .. for and on behalf of PARKINGEYE LTD
Ticket issued on July 2018.
I moved places Sept 2018
I found out I a CCJ on my file this start of this week, Aug 2020
CCJ served Nov 2018
I received no court letters at my new and current address. Steps I wish to follow are;
1) Request set aside by consent from UKCPM by emailing Gladstones and CC'ing UKCPM with my letter and pre-drafted Consent Order form. I am willing to pay to the £100 fee. I may consider settling the invoice, £300, if they remove the CCJ first then I pay the invoice and £100 court fee.
2) If denied or the terms are not great I'll file a Set Aside on discretionary grounds on the basis of non-receipt of the claim form using the N244 I've received from County Court Business Centre (CCBC). I'll submit no later than the end of Aug 2020. My N244 shall be submitted along with Witness Statement, a Draft Order, and a Draft Defence. I've read that Draft Defence is not necessary at this stage but I should prepare one ahead of time of the court hearing?
With regards to step 1) I kindly ask for help in checking what I have written in my letter for Set Aside by Consent and terms in my Consent Order for are adequate. As mentioned above I'll email Gladstones, UKCPM solicitors, and cc UKCPM general enquires email.
Gladstones Solicitors Limited
The Terrace, High Legh Park Golf Club
Warrington Road, High Legh
Knutsford
Cheshire
WA16 6AA
20th August 2020
Dear Sir or Madam,
Claimant: UK Car Park Management Limited
Reference Number: #########
Reference Number: #########
You have obtained a County Court Judgment (CCJ), via County Court Business Centre (CCBC), for the total amount of £### on December 2019. The date of issue was on November 2019 and the date of service was on November 2019. The case has been filed by CCBC under the case number of ######### against the address of [previous addess] as verified by a Registry Trust search, refer to Attachment A.
Unfortunately, on September 2018 I had moved out of [previous address] and relocated to [current address], my current residential address. This fact is verified with Attachment A which details my tenancy agreement for [current address]. Additionally, a query of my credit file either through Equifax or Experian (Attachment B and Attachment C respectively) would have revealed my current residential address at the time of you filing the CCJ on the November 2019 as mentioned above.
It is clear that you did not perform any kind of basic trace to find me which is contrary to the rules of service CPR 6.9 as you had reason to believe I no longer resided at [previous address]. To further back this claim of my residence address changing long before you filed the CCJ on November 2019, please refer to Attachment D for my 2018/19 council tax from City Council which confirms my current address at [current address]. This is also seen in Attachment E, which is a Type A Review dated October 2018 from City Councils Election Office showing that I had left [previous address].
As such with the above evidence, I am going to apply for a set aside. I am asking you to consider CPR 1 and consent to a set aside by consent to save on costs, court time and so on.
I propose that Joe Bloggs, the defendant, pay the set aside by consent fee of £100 and that you sign the attached Consent Order no later than 28th August 2020, in other words no later than 7 days on receipt of this letter. If the Consent Order is satisfactory and signed by both parties, I would then take responsibility for submitting the N244 application with the completed Consent Order, bearing the administration cost with the County Court directly.
Please respond at your earliest convenience but no later than 28th August 2020.
Yours faithfully,
Joe Blogg
COUNTY COURT BUSINESS CENTRE
[CLAIM NUMBER]
BETWEEN:
UK CAR PARK MANAGEMENT LIMITED (the Claimant)
and
[NAME] (the Defendant)
and
[NAME] (the Defendant)
TOMLIN ORDER (the Order)
Dated 20th August 2020
UPON the Claimant and the Defendant having agreed to the terms of the settlement and these are set out in a settlement agreement dated 20th August 2020 and attached hereto as Schedule A (the Settlement Agreement),
IT IS ORDERED THAT
- That the County Court Judgement held for the Claimant under claim number [CLAIM NUMBER] be immediately removed and deleted from public record.
- And it is further ordered there be no order for costs.
Signed by [NAME]
Signed by for and on behalf of UK CAR PARK MANAGEMENT LIMITED
SCHEDULE A
Settlement Agreement
Settlement Agreement
MADE ON 20th August 2020 BETWEEN
(a) [NAME] of [ADDRESS] (the Defendant); and
(b) UK CAR PARK MANAGEMENT LIMITED with company number 03454635050 and of registered address GROUND FLOOR, 19 NEW ROAD, BRIGHTON, UNITED KINGDOM, BN1 1UF (the Claimant).
IT IS AGREED THAT:
- The Defendant shall pay the set aside fee of £100 on or before 11th September 2020.
- The sum referred to in paragraph 1 shall only be paid upon completion of this Consent Order Form by both parties. The Claimant is to respond no later than 28th August 2020.
- The Tomlin Order attached hereto forms part of this settlement agreement.
- This settlement agreement shall be governed by, and construed in accordance with, English law.
- In the event that any dispute arises in relation to the terms of this settlement agreement, the parties will endeavour in the first instance to settle it by mediation. This settlement agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
SIGNED:
Signed by .[NAME]
Signed by .. for and on behalf of PARKINGEYE LTD
