• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Helping family member with CCJ for 2 x PCN's struggling to post

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #31
    Scan CNBC letter 26 Nov 24 Redacted.pdf

    Comment


    • #32
      Without proof of filing in court the acknowledgment of service I don't think it is worth pursuing the point, although you could mention it if there is a discussion about the difficulties under which you have been working.

      you need to file your N244, together with cheque or with form EX160 for fee remission (https://www.gov.uk/government/public...-tribunal-fees)

      There is a guide for completing the form here https://legalbeagles.info/library/ho...-judgment-ccj/

      Comment


      • #33
        I am back in the UK sorry about that, long booked….

        Thanks, noted your comments from the 20th January and understand. I keep reading the guide to completing the form on this site.

        There are notes on the record with the court and correspondence back and forth about her MH problems and the breathing space. I have added a small addition re this to your guidance from 16th January 26.

        I assume I need to send in the Litigation Friend form N234 also on submission (with the N244 and and EX160).
        Anything else at this stage ?

        Thankyou.

        Comment


        • #34
          I can't think of anything else that might need sending to the court

          Comment


          • #35
            Morning – a little update on progress.
            Just to recap dates.
            13/01/26 Emailed DCB Legal if agreeable to set aside.
            02/02/26 Emailed set aside application and means form to CNC – no response as of yet.
            20/02/26 Email from DCB Legal rep asking if I filed the set aside application.
            24/02/26 Emailed DCB Legal rep said I had – asked if they agreed to set aside my original request to them…
            03/03/26 Email from DCB Legal rep as follows
            We write further to your email dated 24/02/2026.

            “WITHOUT PREJUDICE SAVE AS TO COSTS:
            In consideration of this matter, our client has instructed us to propose a Consent Order to set aside the Judgment on the basis that the Claim is settled.
            Our client would be agreeable to £200.00 in full and final settlement of the Claim. The Judgment balance is £571.98.
            Should the Defendant be agreeable to the Claim being settled and the Judgment being set aside in accordance with the Consent Order, we kindly ask they sign and return the Consent Order.

            Please also make payment of the settlement sum. Payment can be made by calling our office on 0203 838 7038 or via bank transfer:
            DCB Legal Ltd Client Account
            Sort Code: 20-24-09
            Account no: 60964441
            When making payment please ensure you include the following reference number, ++++++++++ to enable us to allocate it to the correct case.
            Upon receipt of the settlement sum of £200.00 we will proceed to file the Consent Order with the Court to be considered in conjuction with the N244 Application.
            We look forward to your response.
            Kind Regards, “

            They attach a Consent Order for my daughter to sign as follows.

            PARKINGEYE LTD

            CLAIMANT

            AND

            +++++++++++++++

            DEFENDANT

            CONSENT ORDER

            Before an Officer of the Court
            UPON the Claimant and the Defendant having agreed to the terms of this Order;
            AND UPON the Claimant accept that, although the Claim Form was correctly served at the Defendant’s last
            known address pursuant to CPR 6.9, the Defendant was suffering with medical conditions and were not
            present at the address where the Claim Form was served, therefore they were not aware of proceedings nor
            able to respond;
            AND UPON the parties having mutually agreed to settlement of the Claim;
            AND UPON the parties agreeing that, in view of the above, there is some other good reason for Judgment to
            be set aside pursuant to CPR 13.3;
            IT IS ORDERED BY CONSENT THAT:-
            1. The Judgment entered herein on the 15/11/2024 be and is hereby set aside.
            2. The Claim is dismissed.
            3. There be no order as to costs.

            Dated: ............................................
            [Leave Blank for Court Use Only]

            .................................................. ............ .................................................. ....
            Signed by Claimant Solicitor Signed by Defendant


            Quite an attractive offer I wish someone could have taken notice earlier to save the work and anguish.
            It would appear to be £100 for each of the two tickets in one claim.
            A couple of questions here first -
            1. To a consent set aside order I think the cost you said before would be £123.00 instead of the £330.00. So who pays that ? if the Defendant this would be a cost to the defendant of £323.00.
            2. As there is a CCJ I assume this is on her credit score – does that get removed, if so whose responsibility is that ?
            Thankyou.

            Comment


            • #36
              Answer to questions:
              1) as you are applying for fee remission this should not be an expense for you
              2) if an application to set aside a CCJ is successful it will be removed automatically from the register, and then from Credit Records. It takes a while and you will need to check her credit ratings.

              Whilst any payment to these companies is generally discouraged, I can understand why you want to see an end to this matter.
              You have enough on your plate without the stress of a court fight, so good luck.

              Comment


              • #37
                Thanks for your prompt reply – so reassuring to have someone to clarify and take a second view.
                1. Yes submitted the EX160 court fees application – I think she may get some relief as part time works with Universal Credit support.
                1. CCJ on record – yes was thinking get an Experian/Equifax score now and monitor. Thanks for confirming that.

                We are torn on the payment of the £200. The first matter 11/10/20 The Range Watford, parked for 22mins it was on a Sunday morning before the store opened at 10am. She has no recollection, therefore no admission. Clearly from images her old car, one driver in the photo non identifiable, frequented the town of Watford at the time. The first signs of psychosis appeared we noticed in October 2020.
                Its harsh, but a lot of us get caught out by these measures from time to time……

                The second PCN in the claim made up of two PCN’s does grate on me.
                06/04/21 Novotel Stevenage – She recalls going to that hotel, around that date looking for a cheap room, been living in her car for 4 months by then taking cheap hotels when funds allowed.
                Estranged from her family and evidence of being quite ill at that point. She recalls going to that hotel date unknown, was hearing voices and so on as she walked around the hotel.
                On 16th April – 10 days later surfaced at Grandparents in the midlands in a terrible state couldn’t speak, barely eat. I took her to Coventry A&E 2 days later where she was assessed by on call psych team.

                I’m thinking offer £100 (on the assumption that in their view its £100 for each PCN).
                But for the reasons described in a letter the second part of the claim the Novotel matter is not acceptable or justified and ask them to accept £100.
                We/she pays the set aside which might be the full £123 with their set aside consent or less if she receives a reduction due to her income.
                Feels more reasonable and just but that’s my outlook.

                (Correct have 19 or 20 PCN’s still pending with DRPL and a former landlady asking for rent arrears but this is the priority).

                Comment


                • #38
                  If you decide to make a counter offer, do head the letter "without prejudice"

                  Comment

                  View our Terms and Conditions

                  LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                  If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                  If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                  Working...
                  X